House Report 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

[House Report 112-200]
[From the U.S. Government Publishing Office]

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 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 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
----------------------------------------------------------------------------------------------------------------

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.

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. Lujan (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 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)
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 intelligence-sharing 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
``Review;''.
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''
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).
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).
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 Lujan 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).
----------

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 structured, 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.
``(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 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.
(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.--
(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.
----------

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.