Bill Breakdown: H.R. 754, FY 2011 Intelligence Authorization

Statement

Last week, with the death of the most wanted terrorist in the world, I commended our entire intelligence apparatus on a job well done. As a former member of the House Committee on Homeland Security, I know firsthand the hard work of our intelligence community, armed forces, and other critical partners in the overall fight against terrorism.

Quite fittingly, this week the House passed H.R. 754, the Intelligence Authorization Act. I was proud to vote for this bipartisan legislation, which passed by a vote of 392 to 15. H.R. 754 provides policy guidance and authorizes classified funding levels for 16 U.S. intelligence agencies, including the CIA, the National Security Agency, and the Defense Intelligence Agency, and for other intelligence-related activities of the federal government.

Here are some key points on the legislation:

* The Intelligence Authorization Act Sets Policies and Priorities for the Intelligence Community for FY 2011. The bill provides policy guidance and authorizes classified funding levels for 16 U.S. intelligence agencies, including the CIA, the National Security Agency, and the Defense Intelligence Agency, and for other intelligence-related activities of the federal government. The men and women in the military and intelligence community who helped locate Al-Qaeda leader Osama Bin Laden exemplify the extraordinary courage and skills of those who work tirelessly to keep our country safe.

* Ensures An Increase in the Number of Counterterrorism Positions at the CIA. Democrats on the Select Committee on Intelligence dropped their concerns regarding the bill when an agreement was reached with the Republicans to increase the number of counterterrorism positions at the CIA, a change from the committee's markup version of the bill's classified annex. (The details regarding this agreement cannot be disclosed because they are in the classified portion of the bill.)

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Strengthens Our Intelligence Efforts. The bill adds several thousand civilian positions in intelligence above the level enacted in FY 2010 and above the level of people currently on board, including those additional counterterrorism positions at the CIA mentioned above. This includes also a large increase in personnel at the National Counterterrorism Center (NCTC) among others. The bill also adds hundreds of millions of dollars for intelligence above current levels. Among the funding priorities, it authorizes hundreds of millions of dollars for a technical collection system supported by the Administration -- a 340 percent increase over last year's funding.

* Creates an Insider Threat Detection Program. Under the bill, the Director of National Intelligence (DNI) would be required to establish an "insider threat detection program," which is an automated system that utilizes the intelligence community's networks, computer servers, routers, databases, websites and other methods of communications to detect unauthorized access to or transmission of classified intelligence. An initial operating capability must be established by October 1, 2012 and a fully operational program by October 1, 2013. Also, by December 1, 2011, the DNI is required to report to Congress on the program's progress. This provision helps address concerns after the Wikileaks incident.

* Democratic-Led 111th Congress Broke The Multi-Year Logjam on Intelligence Authorizations. After months and months of work, a Democratic-led 111th Congress was successful in enacting the FY 2010 Intelligence Authorization -- the first intelligence authorization enacted since the FY 2005 bill. President Obama signed the bill into law on October 7, 2010. This major intelligence authorization bill included numerous key reforms -- including key notification and accountability reforms, measures to improve oversight and reduce wasteful spending, and key acquisition reforms. Over the previous several years, both Republican-controlled and Democratic-controlled Congresses had failed to enact the annual intelligence authorization bill due to a series of contentious and divisive issues.

Some of the bill's most important provisions are described in detail under key points above. These provisions:

* Ensure an increase in the number of counterterrorism positions at the CIA;
* Strengthen our intelligence efforts in additional ways; and
* Create an Insider Threat Detection Program.

Three other noteworthy provisions in the bill include:

* Includes DIA Counterintelligence and Expenditure Provisions. The bill clarifies that the responsibilities of the Defense Intelligence Agency (DIA) include counterintelligence as well as human intelligence activities and also provides the Director of DIA with the authority to expend funds for objects of a confidential, extraordinary, or emergency nature. This authority is limited to no more than five percent of the amounts available to the Director for human intelligence and counterintelligence activities unless the Director notifies the congressional intelligence committees thirty days in advance. The bill also requires an annual report on expenditures made under this authority.

* National Counterintelligence Strategy. The bill includes provisions to require that the National Counterintelligence Strategy be aligned with the policies and strategy of the Director of National Intelligence. The bill also requires the Strategy to be revised or updated once every three years instead of annually.

* Changes to Non-Reimbursable Details of Personnel. The bill clarifies a change made in the FY 2010 Intelligence Authorization Act (PL 111-259) that was intended to extend the period of time an employee could be detailed on a non-reimbursable detail from one year to two years. This change prevents last year's law from being interpreted to constrain other statutory provisions that would have an impact on personnel policies.Bill Breakdown: H.R. 754, FY 2011 Intelligence Authorization

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