99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–200 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2218) TO AMEND THE 

CHARTER SCHOOL PROGRAM UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1892) TO AUTHORIZE APPROPRIATIONS FOR 

FISCAL YEAR 2012 FOR INTELLIGENCE AND INTELLIGENCE-RELATED 

ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE COMMUNITY 

MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY 

RETIREMENT AND DISABILITY SYSTEM, AND FOR OTHER PURPOSES 

SEPTEMBER 7, 2011.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 392] 

The Committee on Rules, having had under consideration House 

Resolution 392, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2218, the Empowering Parents through Quality Charter Schools Act, under a 

structured rule. The resolution provides one hour of general debate 

on H.R. 2218 equally divided and controlled by the chair and ranking minority member of the Committee on Education and the 

Workforce. The resolution waives all points of order against consideration of H.R. 2218. The resolution makes in order the amendment in the nature of a substitute recommended by the Committee 

Education and the Workforce now printed in the bill as an original 

bill for purpose of amendment and provides that the amendment 

shall be considered as read. The resolution waives all points of 

order against the provisions of H.R. 2218. The resolution further 

makes in order only those amendments to H.R. 2218 printed in 

Part A of this report. The resolution provides that each such 

amendment may be offered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the 

Committee of the Whole. All points of order against the amendments printed in Part A of this report are waived. The resolution 


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provides one motion to recommit H.R. 2218 with or without instructions. 

The resolution provides for consideration of H.R. 1892, the Intelligence Authorization Act for Fiscal Year 2012, under a structured 

rule. The resolution provides for one hour of general debate equally 

divided and controlled by the chair and ranking minority member 

of the Permanent Select Committee on Intelligence. The resolution 

waives all points of order against consideration of H.R. 1892. The 

resolution makes in order as original text for the purpose of 

amendment an amendment in the nature of a substitute consisting 

of the Rules Committee Print dated August 31, 2011 and provides 

that the amendment in the nature of a substitute shall be considered as read. The resolution waives all points of order against the 

amendment in the nature of a substitute. The resolution makes in 

order only those amendments to H.R. 1892 printed in Part B of this 

report. The resolution provides that each such amendment may be 

offered only in the order printed in this report, may be offered only 

by a Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in Part B of this report. The resolution provides that 

the chairman of the Permanent Select Committee on Intelligence 

or his designee may offer amendments en bloc consisting of amendments printed in Part B of this report not earlier disposed of. 

Amendments en bloc shall be considered as read, shall be debatable 

for 10 minutes equally divided and controlled by the chairman and 

ranking minority member of the Permanent Select Committee on 

Intelligence or their designees, shall not be subject to amendment, 

and shall not be subject to a demand for division of the question 

in the House or in the Committee of the While. The original proponent of an amendment included in such amendments en bloc 

may insert a statement in the Congressional Record immediately 

before the disposition of the amendments en bloc. The resolution 

provides for one motion to recommit H.R. 1892 with or without instructions. 

Section 3 of the resolution provides that a motion to proceed with 

regard to a joint resolution of disapproval specified in subsection 

(a)(1) of section 3101A of title 31, United States Code shall be in 

order only if offered by the Majority Leader or his designee and 

may be offered even following the sixth day specified in subsection 

(c)(3) of such section but not later than the legislative day of September 14, 2011. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 2218, the Committee is not aware of any points of 

order against its consideration. The waiver of all points of order 

against consideration is prophylactic. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute to H.R. 2218, 

the Committee is not aware of any points of order against the 


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amendment in the nature of a substitute. The waiver or all points 

of order is prophylactic. 

Although the resolution waives all points of order against the 

amendments printed in Part A of this report, the Committee is not 

aware of any points of order against the amendments. The waiver 

of all points of order is prophylactic in nature. 

The waiver of all points of order against consideration of H.R. 

1892 includes a waiver of clause 3(c)(4) of rule XIII, which requires 

a statement of general performance goals and objectives, including 

outcome-related goals and objections, for which the measure authorizes funding. 

The waiver of all points of order against the Rules Committee 

Print of H.R. 1892 dated August 31, 2011 includes: 

A waiver of clause 4 of rule XXI, which prohibits a bill or joint 

resolution carrying an appropriation from being reported by a committee not having jurisdiction to report appropriations. Section 433 

of the Rules Committee Print falls within the jurisdiction of the 

Committee on Appropriations. 

A waiver of clause 7 of rule XVI because the Rules Committee 

Print of H.R. 1892 includes provisions that are not germane to the 

bill as reported by the Permanent Select Committee on Intelligence. 

Although the resolution waives all points of order against the 

amendments printed in Part B of this report, the Committee is not 

aware of any points of order. The waiver of all points of order is 

prophylactic. 

It is important to note that the estimate provided by the Congressional Budget Office (CBO) to the Permanent Select Committee 

on Intelligence and the Committee on the Budget is incomplete due 

to the fact that CBO is only permitted to score the unclassified portions of the bill. Because the estimate is incomplete, the Chairman 

of the Committee on the Budget is unable to accurately advise the 

Chair on budget related points of order. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 126 

Motion by Mr. McGovern to amend the rule to H.R. 2218 to make 

in order and provide the appropriate waivers for amendment #10, 

offered by Rep. Peters (MI), which would add post-secondary persistence and graduation rates to the criteria used to measure the 

progress of charter schools. Defeated: 4–6. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 


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Rules Committee record vote No. 127 

Motion by Mr. Hastings of Florida to amend the rule to H.R. 

2218 to make in order and provide the appropriate waivers for the 

amendment #7, offered by Rep. Garamendi (CA), which would give 

priority to eligible entities that plan to use materials made in 

America for the construction and renovation of school facilities. Defeated: 4–6. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

SUMMARY OF AMENDMENTS IN PART A TO BE MADE IN ORDER

1. Kline, John (MN), Miller, George (CA): Would make technical 

and clarifying corrections to the bill as reported out of Committee. 

Would make additional policy changes to improve the Charter 

School Program, including provisions regarding parent input, annual grants, education for at-risk students, diverse charter school 

models, transportation needs, high quality applicants, and school 

lunch participants. (10 minutes) 

2. Davis, Susan (CA): Would add to the purpose section of H.R. 

2218 the importance of innovation in public education to prepare 

students to compete in the global economy. (10 minutes) 

3. Paulsen (MN), Polis (CO): Would change the duration of Subgrants in the Grant Limitations Section from 5 years to 3 years to 

allow successful and eligible operating schools to replicate and expand faster. The school must demonstrate successful operation data 

for no less than 3 years. (10 minutes) 

4. Luja ́n (NM): Would add to the requirement that applicants include in their application a description of how a charter school program would share best and promising practices between charter 

schools and other public schools, by including in that description 

how they would share best practices in instruction and professional 

development in technology, engineering, and math education where 

appropriate. (10 minutes) 

5. Polis (CO): Would promote innovation and quality in charter 

schools by adding a priority to states that allow charter school authorizers besides local educational agencies. (10 minutes) 

6. Moore, Gwen (WI): Would strike ‘‘governor of a state’’ from the 

definition of ‘‘state entity’’ on page 20, thus removing Governors’ 

eligibility to apply for federal grant funding to oversee charter 

school operations in their states. (10 minutes) 

7. Holt (NJ): Would encourage the Secretary of Education to include a priority for green school building practices in the application for states to ensure that federal investment in charter school 

facilities would be energy efficient and environmentally friendly. 

(10 minutes) 

8. King, Steve (IA): Would strike subparagraph (d) of subsection 

(6) of Sec. (9) which is part of the definition of ‘‘high quality charter 

schools.’’ Would strike the following language: ‘‘(D) has demonstrated success in increasing student academic achievement for 


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the subgroups of students described in section 1111(b)(2)(C)(v)(II).’’ 

(10 minutes) 

SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

1. Rogers, Mike (MI): Would make various modifications and 

technical corrections including: 1) clarifies the language contained 

in section 102 that would limit distribution of the classified annex 

to ensure that the Executive Branch may distribute within the Executive Branch as necessary to implement the budget; 2) strikes 

section 307 concerning amendments to provisions requiring certain 

information be provided to Congress prior to transfer of detainees 

so as to maintain the process in current law; 3) strikes section 309 

concerning a requirement that the DNI provide certain State Department documents related to detainees; 4) clarifies that decisions 

made pursuant to the authority in section 310 may not be delegated to an official below the level of the service acquisition executive for the agency concerned; 5) adds a new section that would 

permit the President to make temporary appointments to fill vacancies in offices within the Office of the Director of National Intelligence that require Senate confirmation (except the DNI, for whom 

by Section 103A(a)(6) of the National Security Act of 1947 the Principal Deputy DNI is next in line) with a senior official who serves 

in another element of the Intelligence Community; and 6) strikes 

section 421, which requires confirmation of the Director of the National Security Agency. (10 minutes) 

2. Wolf (VA): Would create a ‘‘Team B’’—a counterterrorism competitive analysis council of outside experts—to continuously advise 

the Director of National Intelligence and the Congress on how best 

to revise plans, operations, concepts, organizations, and capabilities 

across the intelligence community in response to the evolving 

threat of terrorism and domestic radicalization. (10 minutes) 

3. Hinchey (NY): Would require the Director of National Intelligence (DNI) to report to the House and Senate Intelligence panels 

on information it has regarding the human rights violations of the 

military government in Argentina that resulted in 30,000 disappearances between the mid-1970’s and mid-1980’s. (10 minutes) 

4. Cuellar (TX): Would direct each agency that deals with classified documents to report to Congress within 1 year potential security risks associated with the acquisition of computer hardware. 

The report would include recommendations of what steps need to 

be taken to ensure computer hardware that is acquired for use 

with classified documents is not at risk being used to disclose information to outside sources. (10 minutes) 

5. Holt (NJ): Would direct the Director of National Intelligence 

to submit to Congress not more than 180 days after enactment a 

National Intelligence Estimate on the impact of the recent revolutions in North Africa and the Middle East on the security of the 

State of Israel. (10 minutes) 

6. Hunter (CA): Would require the Director of National Intelligence and the Secretary of Defense to establish a coordinated 

strategy utilizing all available personnel and assets for intelligence 

collection and analysis to identify and counter network activity and 

operations in Pakistan and Afghanistan relating to the development and use of improvised explosive devices. (10 minutes) 


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7. Carney (DE): Would express the sense of Congress that railway transportation security has been and must continue to be a 

priority of the intelligence community in infrastructure threat assessment, namely through the coordination of the Office of Intelligence & Analysis. (10 minutes) 

8. Cuellar (TX): Would require the National Security Strategy 

Report include outlining efficiencies, cost saving mechanism, and 

methods to streamline national defense, and homeland security intelligence capabilities. (10 minutes) 

9. Keating (MA): Would include Sense of Congress language to 

encourage the Secretary of Homeland Security, in consultation with 

the Director of National Intelligence, to integrate the intelligencesharing capabilities of fusion centers and leverage participation 

from all intelligence, law enforcement and homeland security agencies to prevent acts of terrorism against the United States in a 

manner consistent with the Constitution. (10 minutes) 

A—TEXT OF AMENDMENTS IN PART A MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KLINE OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, beginning on line 6, strike ‘‘English language learners’’ 

and insert ‘‘limited English proficient students’’. 

Page 5, line 19, insert ‘‘or subpart 2’’ after ‘‘this subpart’’. 

Page 7, line 16, insert ‘‘GRANT NUMBER AND AMOUNT;’’ after ‘‘RE- VIEW;’’. 

Page 7, line 17, insert ‘‘; WAIVERS’’ after ‘‘PROJECTS’’. 

Page 8, after line 6, insert the following: 

‘‘(3) GRANT NUMBER AND AMOUNT.—The Secretary shall ensure that the number of grants awarded under this section and 

the award amounts will allow for a sufficient number of new 

grants to be awarded under this section for each succeeding fiscal year.’’. 

Page 8, line 7, redesignate paragraph (3) as paragraph (4). 

Page 8, after line 15, insert the following: 

‘‘(5) WAIVERS.—The Secretary may waive any statutory or 

regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to 

the elements of a charter school described in section 5210(1), 

if— 

‘‘(A) the waiver is requested in an approved application 

under this section; and 

‘‘(B) the Secretary determines that granting such a waiver will promote the purpose of this subpart.’’. 

Page 11, line 16, strike ‘‘English language learners’’ and insert 

‘‘limited English proficient students’’. 

Page 12, line 5, strike ‘‘expanding’’ and insert ‘‘the expansion of’’. 

Page 12, line 7, insert ‘‘of’’ before ‘‘how’’. 

Page 12, line 17, strike ‘‘and’’. 

Page 13, after line 2, insert the following: 

‘‘(III) a description of how the eligible applicant 

will solicit and consider input from parents and 

other members of the community on the implementation and operation of each charter school receiving funds under the entity’s program; and’’ 


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Page 13, line 4, strike ‘‘and’’. 

Page 13, line 9, strike the period and insert ‘‘; and’’. 

Page 13, after line 9, insert the following: 

‘‘(E) of how the entity will help the charter schools receiving funds under the entity’s program consider the 

transportation needs of the schools’ students; and 

‘‘(F) of how the entity will support diverse charter school 

models, including models that serve rural communities.’’. 

Page 13, line 22, strike ‘‘the charter school’’ and insert ‘‘each 

charter school’’. 

Page 14, line 1, strike ‘‘and’’. 

Page 14, line 2, insert before the semicolon, ‘‘, the Age Discrimination Act of 1975, and title IX of the Education Amendments of 

1972’’. 

Page 14, beginning on line 3, strike ‘‘the schools’’ and insert 

‘‘each charter school’’. 

Page 14, beginning on line 6, strike ‘‘English language learners’’ 

and insert ‘‘limited English proficient students’’. 

Page 14, line 7, insert ‘‘and’’ after the semicolon. 

Page 14, after line 7, insert the following: 

‘‘(iii) ensures that each charter school solicits and 

considers input from parents and other members of 

the community on the implementation and operation 

of the school;’’. 

Page 14, line 15, strike ‘‘English language learners’’ and insert 

‘‘limited English proficient students’’. 

Page 14, beginning on line 22, amend clause (i) to read as follows: 

‘‘(i) assessing annual performance data of the 

schools, including, as appropriate, graduation rates 

and student growth; and’’. 

Page 15, line 8, strike ‘‘and’’. 

Page 15, line 12, strike the period at the end and insert ‘‘; and’’. 

Page 15, after line 12, insert the following: 

‘‘(G) the entity will ensure that each charter school in 

the State make publicly available, consistent with the dissemination requirements of the annual State report card, 

the information parents need to make informed decisions 

about the educational options available to their children, 

including information on the educational program, student 

support services, and annual performance and enrollment 

data for the groups of students described in section 

1111(b)(2)(C)(v)(II).’’. 

Page 16, line 17, insert ‘‘proposed’’ before ‘‘number’’. 

Page 17, line 7, strike ‘‘and’’. 

Page 17, line 10, strike the period at the end and insert ‘‘; and’’. 

Page 17, insert after line 10, the following: 

‘‘(I) the entity’s plan to solicit and consider input from 

parents and other members of the community on the implementation and operation of the charter schools in the 

State.’’. 

Page 18, beginning on line 7, strike subparagraph (D). 

Page 18, line 9, redesignate subparagraph (E) as subparagraph 

(D). 


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Page 18, line 13, redesignate subparagraph (F) as subparagraph 

(E). 

Page 18, line 18, redesignate subparagraph (G) as subparagraph 

(F). 

Page 18, line 20, strike the comma after ‘‘factors’’. 

Page 19, line 2, strike ‘‘English language learners’’ and insert 

‘‘limited English proficient students’’. 

Page 19, after line 2, insert the following: 

‘‘(G) The State entity supports charter schools that support at-risk students through activities such as dropout 

prevention or dropout recovery. 

‘‘(H) The State entity authorizes all charter schools in 

the State to serve as school food authorities.’’. 

Page 19, line 12, insert ‘‘by each subgrant awarded under this 

section’’ after ‘‘number of students served’’. 

Page 19, line 14, strike ‘‘grant’’ and insert ‘‘subgrant’’. 

Page 20, line 10, strike ‘‘in which the subgrants were awarded’’ 

and insert ‘‘that received subgrants under this section’’. 

Page 20, line 23, strike ‘‘not less than 3 grants to eligible entities 

that have’’ and insert ‘‘grants to eligible entities that have the 

highest-quality’’. 

Page 20, line 24, after ‘‘subsection (d)’’ insert ‘‘, after considering 

the diversity of such applications,’’ 

Page 21, beginning on line 11, amend subsection (b) to read as 

follows: 

‘‘(b) GRANTEE SELECTION.—The Secretary shall evaluate each application submitted under subsection (d), and shall determine 

whether the application is sufficient to merit approval.’’. 

Page 26, beginning on line 2, strike ‘‘subsection’’ and insert 

‘‘paragraph’’. 

Page 32, line 23, strike ‘‘To’’ and insert ‘‘Except as provided in 

clause (ii), to’’. 

Page 33, line 7, strike ‘‘A’’ and insert ‘‘Notwithstanding clause (i), 

a’’. 

Page 33, line 10, insert ‘‘, but which does not have a per-pupil 

facilities aid program for charter schools specified in State law,’’ 

after ‘‘space’’. 

Page 34, line 7, insert ‘‘, and eligible entities and States receiving 

grants under section 5204’’ before the semicolon. 

Page 36, line 8, strike ‘‘inserting’’ and insert ‘‘adding’’. 

Page 37, line 4, strike ‘‘subgroups’’ and insert ‘‘groups’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, redesignate paragraph (1) as paragraph (2), and 

insert the following: 

‘‘(1) improve the United States education system and educational opportunities for all Americans by supporting innovation in public education in public school settings that prepare 

students to compete and contribute to the global economy;’’. 

Page 3, line 20, redesignate paragraph (2) as paragraph (3). 

Page 3, line 22, redesignate paragraph (3) as paragraph (4). 

Page 4, line 1, redesignate paragraph (4) as paragraph (5). 

Page 4, line 5, redesignate paragraph (5) as paragraph (6). 


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Page 4, line 10, redesignate paragraph (6) as paragraph (7). 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PAULSEN

OF MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 22, after ‘‘period’’ insert ‘‘, unless the eligible applicant demonstrates to the State entity not less than 3 years of improved educational results in the areas described in subparagraphs 

(A) and (D) of section 5210(6) for students enrolled in such charter 

school’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJA ́ N OF

NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, line 12, insert before the semicolon ‘‘, including, where 

appropriate, instruction and professional development in science, 

math, technology, and engineering education’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 17, begining on line 14, strike subparagraph (A), and insert 

the following: 

‘‘(A) In the case of a State entity located in a State that 

allows an entity other than a local educational agency to 

be an authorized public chartering agency, the State has 

a quality authorized public chartering agency that is an 

entity other than a local educational agency.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE OF

WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 20, line 13, insert ‘‘or’’ after the semicolon. 

Page 20, line 14, strike ‘‘; or’’ and insert a period. 

Page 20, line 15, strike paragraph (3). 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 33, after line 19, insert the following: 

‘‘(6) PRIORITY.—In awarding grants under this subsection, 

the Secretary is encouraged to give priority to States that encourage green school building practices and certification.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KING OF

IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 36, line 22, insert ‘‘and’’ after the semicolon. 

Page 37, line 2, strike ‘‘; and’’ and insert a period. 

Page 37, beginning on line 3, strike subparagraph (D). 


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B—TEXT OF AMENDMENTS IN PART B MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROGERS OF

MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, strike lines 9 through 14 and insert the following: 

(3) LIMITS ON DISCLOSURE.—The President shall not publicly 

disclose the classified Schedule of Authorizations or any portion of such Schedule except— 

(A) as provided in section 601(a) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 (50 

U.S.C. 415c) 

(B) to the extent necessary to implement the budget; or 

(C) as otherwise required by law. 

Page 5, line 17, insert ‘‘the Director of’’ before ‘‘the Federal Bureau of Investigation’’. 

Strike section 307 (page 15, line 1 through page 16, line 18). 

Strike section 309 (page 18, line 17 through page 19, line 16). 

Page 24, after line 15 insert the following: 

(d) DELEGATION.—The head of a covered agency may not delegate 

the authority provided in subsection (b) or the responsibility to 

make a determination under subsection (c) to an official below the 

level of the service acquisition executive for the agency concerned. 

At the end of subtitle A of title IV (page 30, after line 18), add 

the following new section: 

SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 

Section 103 of the National Security Act of 1947 (50 U.S.C. 403– 

3) is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) TEMPORARY FILLING OF VACANCIES.—With respect to filling 

temporarily a vacancy in an office within the Office of the Director 

of National Intelligence (other than that of the Director of National 

Intelligence), section 3345(a)(3) of title 5, United States Code, may 

be applied— 

‘‘(1) in the matter preceding subparagraph (A), by substituting ‘an element of the intelligence community, as that 

term is defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 401a(4)),’ for ‘such Executive agency’; and 

‘‘(2) in subparagraph (A), by substituting ‘the intelligence 

community’ for ‘such agency’.’’. 

Strike section 421 (page 43, line 14 through pate 45, line 9). 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WOLF OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following: 

SEC. 312. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE 

ANALYSIS COUNCIL. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) terrorism and domestic radicalization represent evolving, 

dynamic, multidimensional threats that necessitate a strucVerDate Mar 15 2010 04:45 Sep 08, 2011 Jkt 099008 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR200.XXX HR200

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tured, iterative process to continuously revise plans, operations, concepts, organizations, and capabilities; and 

(2) past federal experience in competitive analysis executed 

by experts drawn from outside the government has helped the 

intelligence community and policymakers better understand 

the nature of complex threats to the United States. 

(b) ESTABLISHMENT.—Title I of the National Security Act of 1947 

(50 U.S.C. 401 et. seq.) is amended by adding at the end the following: 

‘‘COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL

‘‘SEC. 120. (a) ESTABLISHMENT.—There is established a council to 

be known as the ‘Counterterrorism Competitive Analysis Council’ 

(in this section referred to as the ‘Council’). 

‘‘(b) DUTIES.—The Council shall— 

‘‘(1) advise the Director of National Intelligence on matters 

of policy relating to the threats of international terrorism and 

domestic radicalization based on all-source information; 

‘‘(2) prepare a competitive analysis of each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations and submit such analysis to the Director 

of National Intelligence and the National Intelligence Council; 

and 

‘‘(3) annually submit to Congress a report in unclassified 

form, which may include a classified annex, on trends in 

counterterrorism and domestic radicalization, including a summary of any competitive analysis prepared pursuant to paragraph (2). 

‘‘(c) MEMBERS.—(1) The Council shall be composed of eight members appointed by the Director of National Intelligence, in consultation with the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence 

of the Senate. Members shall be selected on the basis of previous 

experience with matters of policy relating to international terrorism and domestic radicalization. 

‘‘(2)(A) The Director of National Intelligence may not appoint an 

individual to the Council if such individual has served as an officer 

or employee of the Federal Government within a five-year period 

of the date of appointment. 

‘‘(B) The Director of National Intelligence may not appoint an individual to the Council if— 

‘‘(i) such individual has served as an officer or employee of 

the Federal Government within a 15-year period of the date of 

appointment; and 

‘‘(ii) on the date of appointment, three of the members of the 

Council have served as officers or employees of the Federal 

Government within a 15-year period of the date of appointment. 

‘‘(3) The term of a member is five years, and a member may not 

serve more than two terms, except that a member appointed to fill 

a vacancy may serve two additional terms after the expiration of 

the term in which that vacancy occured. 

‘‘(4) Any member appointed to fill a vacancy occurring before the 

expiration of a term shall be appointed for the remainder of that 

term. 


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‘‘(5) Every two years, the Council shall select a chair and vice 

chair from among its members. 

‘‘(6) To the extent provided in advance in appropriation Acts, 

each member shall be paid at a rate not to exceed the annual rate 

of basic pay for level V of the Executive Schedule under section 

5316 of title 5, United States Code. 

‘‘(7) Any member of the Council may, if authorized by the Council, take any action which the Council is authorized to take by this 

section. 

‘‘(d) STAFF OF COUNCIL.—(1) To the extent provided in advance 

in appropriation Acts, the Council shall appoint and fix the compensation of a Director and such additional staff as may be necessary to enable the Council to carry out its duties. 

‘‘(2) The Director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid 

without regard to the provisions of chapter 51 and subchapter III 

of chapter 53 of that title relating to classification and General 

Schedule pay rates, except that the rate of pay fixed for the Director and staff may not exceed the annual rate of basic pay for level 

V of the Executive Schedule under section 5316 of title 5, United 

States Code. 

‘‘(3) In accordance with rules adopted by the Council, and to the 

extent provided in advance in appropriation Acts, the Council may 

procure the services of experts and consultants under section 

3109(b) of title 5, United States Code, but at rates for individuals 

not to exceed the daily equivalent of the annual rate of basic pay 

for level V of the Executive Schedule under section 5316 of title 5, 

United States Code. 

‘‘(e) ACCESS TO INTELLIGENCE INFORMATION.—(1) The Director of 

National Intelligence shall transmit to the Council each national 

intelligence estimate concerning al-Qaeda and other foreign terrorist organizations. 

‘‘(2) Upon request of the Council, the Director of National Intelligence shall make available to the Council any intelligence information in the possession of the intelligence community. 

‘‘(3) The Director of National Intelligence shall ensure that the 

appropriate executive departments and agencies cooperate with the 

Council in expeditiously providing to the members and staff appropriate security clearances in a manner consistent with existing procedures and requirements. 

‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. 

App.), relating to the termination of advisory committees, shall not 

apply to the Council. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 through 2017. No amount is authorized to carry out 

this section for a fiscal year unless the appropriation for the Office 

of the Director of National Intelligence for such fiscal year is reduced by an amount equal to the amount appropriated to carry out 

this section for such fiscal year’’. 

(c) INITIAL REPORT.—The initial report required to be submitted 

under section 120(b)(2) of the National Security Act of 1947, as 


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added by subsection (a), shall be filed not later than 1 year after 

the date of the enactment of this Act. 

(d) CLERICAL AMENDMENT.—The table of contents of the National 

Security Act of 1947 (50 U.S.C. 401 et. seq.) is amended by inserting after the item relating to section 119B the following: 

‘‘Sec. 120. Counterterrorism Competitive Analysis Council.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HINCHEY

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III (page 26, after line 6), add the following 

new section: 

SEC. 312. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY 

IN ARGENTINA. 

(a) IN GENERAL.—Not later than 270 days after the date of the 

enactment of this Act, the Director of National Intelligence shall 

submit to the appropriate congressional committees a report containing the following: 

(1) A description of any information in the possession of the 

intelligence community with respect to the following events in 

the Republic of Argentina: 

(A) The accession to power by the military of the Republic of Argentina in 1976. 

(B) Violations of human rights committed by officers or 

agents of the Argentine military and security forces during 

counterinsurgency or counterterror operations, including 

by the State Intelligence Secretariat (Secretaria de 

Inteligencia del Estado), Military Intelligence Detachment 

141 (Destacamento de Inteligencia Militar 141 in Cordoba), 

Military Intelligence Detachment 121 (Destacamento 

Militar 121 in Rosario), Army Intelligence Battalion 601, 

the Army Reunion Center (Reunion Central del Ejercito), 

and the Army First Corps in Buenos Aires. 

(C) Operation Condor and Argentina’s role in cross-border counterinsurgency or counterterror operations with 

Brazil, Bolivia, Chile, Paraguay, or Uruguay. 

(2) Information on abductions, torture, disappearances, and 

executions by security forces and other forms of repression, including the fate of Argentine children born in captivity, that 

took place at detention centers, including the following: 

(A) The Argentine Navy Mechanical School (Escuela 

Mecanica de la Armada). 

(B) Automotores Orletti. 

(C) Operaciones Tacticas 18. 

(D) La Perla. 

(E) Campo de Mayo. 

(F) Institutos Militares. 

(3) An appendix of declassified records reviewed and used for 

the report submitted under this subsection. 

(4) A descriptive index of information referred to in paragraph (1) or (2) that is classified, including the identity of each 

document that is classified, the reason for continuing the classification of such document, and an explanation of how the release of the document would damage the national security interests of the United States. 


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(b) REVIEW OF CLASSIFIED DOCUMENTS.—Not later than two 

years after the date on which the report required under subsection 

(a) is submitted, the Director of National Intelligence shall review 

information referred to in paragraph (1) or (2) of subsection (a) that 

is classified to determine if any of such information should be declassified. 

(c) FORM.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means 

the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the 

Select Committee on Intelligence and the Committee on Appropriations of the Senate. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following new section: 

SEC. 312. REPORT ON SECURITY RISK FOR CLASSIFIED DOCUMENTS. 

(a) REPORT.—Not later than one year after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to Congress a report on the potential security 

risks associated with computer hardware acquired for use with 

classified information, including recommendations of what steps 

need to be taken to ensure such computer hardware will not be 

used to disclose classified information to an unauthorized person. 

(b) TESTING REQUIRED.—The head of each element of the intelligence community shall, before using any computer hardware acquired for use with classified information, test such hardware to 

ensure such hardware provides for the proper security of classified 

information. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title IV, add the following new section: 

SEC. 405. NATIONAL INTELLIGENCE ESTIMATE ON THE IMPACT OF 

REVOLUTIONS IN NORTH AFRICA AND THE MIDDLE EAST. 

Not later than 180 days after the date of the enactment of this 

Act, the Director of National Intelligence shall submit to Congress 

a national intelligence estimate on the impact of the recent revolutions in North Africa and the Middle East on the security of the 

State of Israel. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

After section 501 (page 51, after line 18), insert the following new 

section: 

SEC. 502. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES. 

(a) STRATEGY.— 


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(1) ESTABLISHMENT.—The Director of National Intelligence 

and the Secretary of Defense shall establish a coordinated 

strategy utilizing all available personnel and assets for intelligence collection and analysis to identify and counter network 

activity and operations in Pakistan and Afghanistan relating to 

the development and use of improvised explosive devices. 

(2) CONTENTS.—The strategy established under paragraph 

(1) shall identify— 

(A) the networks that design improvised explosive devices, provide training on improvised explosive device assembly and employment, and smuggle improvised explosive device components into Afghanistan; 

(B) the persons and organizations not directly affiliated 

with insurgents in Afghanistan who knowingly enable the 

movement of commercial products and material used in 

improvised explosive device construction from factories and 

vendors in Pakistan into Afghanistan; 

(C) the financiers, financial networks, institutions, and 

funding streams that provide resources to the insurgency 

in Afghanistan; and 

(D) the links to military, intelligence services, and government officials who are complicit in allowing the insurgent networks in Afghanistan to operate. 

(b) REPORT AND IMPLEMENTATION.—Not later than 120 days after 

the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall— 

(1) submit to the congressional intelligence committees and 

the Committees on Armed Services of the House of Representatives and the Senate a report containing the strategy established under subsection (a); and 

(2) implement such strategy. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARNEY OF

DELAWARE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Insert after section 501 the following new section: 

SEC. 502. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY TRANSPORTATION SECURITY. 

It is the sense of Congress that— 

(1) the nation’s railway transportation (including subway 

transit) network is broad and technically complex, requiring robust communication between private sector stakeholders and 

the intelligence community to identify, monitor, and respond to 

threats; 

(2) the Department of Homeland Security Office of Intelligence and Analysis maintains a constructive relationship 

with other Federal agencies, state and local governments, and 

private entities to safeguard our railways; and 

(3) railway transportation security (including subway transit 

security) should continue to be prioritized in the critical infrastructure threat assessment developed by the Office of Intelligence and Analysis and included in threat assessment budgets of the intelligence community. 


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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Insert after section 501 (page 51, after line 18) the following new 

section: 

SEC. 502. INCLUSION OF EFFICIENCIES AND COST SAVINGS IN ANNUAL NATIONAL SECURITY STRATEGY REPORT. 

Section 108(b) of the National Security Act of 1947 (50 U.S.C. 

404a(b)) is amended by adding at the end the following new paragraph: 

‘‘(6) Efficiencies, cost saving mechanisms, and methods to 

streamline national, defense, and homeland security intelligence capabilities.’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

After section 501 (page 51, after line 18), insert the following new 

section: 

SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION 

CENTERS. 

It is the sense of Congress that ten years after the terrorist attacks upon the United States on September 11, 2001, the Secretary 

of Homeland Security, in consultation with the Director of National 

Intelligence, should continue to integrate and leverage fusion centers to enlist all of the intelligence, law enforcement, and homeland 

security capabilities of the United States in a manner that is consistent with the Constitution to prevent acts of terrorism against 

the United States. 

Æ 


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