Intelligence Reform and Terrorism Prevention Act

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Intelligence Reform and Terrorism Prevention Act of 2004
Great Seal of the United States
Long titleAn Act to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes.
Acronyms (colloquial)IRTPA
Enacted bythe 108th United States Congress
EffectiveDecember 17, 2004
Citations
Public law108-458
Statutes at Large118 Stat. 3638
Codification
Titles amended50 U.S.C.: War and National Defense
U.S.C. sections amended50 U.S.C. ch. 15 § 401 et seq.
Legislative history
Senator Susan Collins 2014 official portrait (cropped).jpg This article is part of a series about
Susan Collins
U.S. Senator from Maine
Seal of the United States Senate.svg

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) is a 235-page Act of Congress, signed by President George W. Bush, that broadly affects United States federal terrorism laws. The act comprises several separate titles with varying subject issues. It was enacted in response to the terror attacks of September 11, 2001.[1]

History

S. 2845 was introduced by U.S. Senator Susan M. Collins of Maine. The Senate approved the bill, 96–2, the House approved the bill, 336–75, and President George W. Bush signed the Act on December 17, 2004, making it law.[2] The Electronic Frontier Foundation objected to Act's potential effects on civil liberties.[3]

Overview

This act established the position of Director of National Intelligence (DNI), the National Counterterrorism Center (NCTC), and the Privacy and Civil Liberties Oversight Board.[4]

The IRTPA requires the Department of Homeland Security (DHS) to take over the conducting of pre-flight comparisons of airline passenger information to Federal Government watch lists for international and domestic flights. The Transportation Security Administration (TSA) developed the Secure Flight program and issued rulemaking to implement this congressional mandate. Airline personnel will have the right to demand government-issued ID be shown if ordered by the TSA to do so, but those orders are to remain confidential, so there is no oversight as to when the airline has been ordered to request ID and when they are requesting it on their own imperative.[5]

Background

The Intelligence Reform and Terrorism Prevention Act of 2004 was originally introduced in the Senate in response to the findings of the 9/11 Commission. The commission, established to prepare a report on the circumstances surrounding the September 11, 2001 terrorist attacks, published its final report in July 2004 including a list of recommendations to overhaul United States intelligence agencies and practices. S. 2845 was developed as a response to the commission's findings and implemented some of its major recommendations.[6]

Legislative History

S. 2845 was introduced by U.S. Senator Susan M. Collins of Maine on September 23, 2004. The Senate approved the bill, 96–2, on October 6 of the same year and it was sent to the House. After debate, the House approved the bill, 282-134, with an amendment and passed it on October 16. The bill was sent to a conference to merge the House and Senate versions and the Conference Report was agreed to on December 8 (House 336-75, Senate 89-2). President George W. Bush signed the bill into law on December 17, 2004.[7]

Provisions

This act established the position of Director of National Intelligence (DNI), the National Counterterrorism Center (NCTC), the National Counter-Proliferation Center, and the Privacy and Civil Liberties Oversight Board. It allowed for the establishment of additional national intelligence centers at the discretion of the Director of National Intelligence.

The act is formally divided into eight titles:

  1. "Reform of the intelligence community", also known as the National Security Intelligence Reform Act of 2004
  2. "Federal Bureau of Investigation"
  3. "Security clearances"
  4. "Transportation security"
  5. "Border protection, immigration, and visa matters"
  6. "Terrorism prevention"
  7. "Implementation of 9/11 Commission recommendations", also known as the 9/11 Commission Implementation Act of 2004
  8. "Other matters"

Title I: National Security Intelligence Reform Act of 2004

Title I established the position of the Director of National Intelligence (DNI), the National Counterterrorism Center, and the National Counter-Proliferation Center.

Director of National Intelligence (DNI)

The Director of National Intelligence is responsible for heading the United States intelligence community. The DNI acts as the principal intelligence advisor to the president, Homeland Security, and the National Security Council, as well as direct the National Intelligence Program. The position's duties include intelligence sharing between government branches and federal agencies, managing the national intelligence budget, and managing intelligence personnel.

National Counterterrorism Center

The National Counterterrorism Center's objectives are to act as a centralized government organization for terrorism and counterterrorism intelligence, conduct strategic planning, and share information between intelligence agencies.

National Counter-Proliferation Center

The National Counter-Proliferation Center was established to analyze and integrate intelligence regarding proliferation, share intelligence across agencies, create a central repository of proliferation activity intelligence, and coordinate and conduct counter-proliferation activities.

Title II: Federal Bureau of Investigation

Title III: Security clearances

Title IV: Transportation security

Title V: Border protection, immigration, and visa matters

Title VI: Terrorism prevention

Title VII: 9/11 Commission Implementation Act of 2004

Title VIII: Other matters

See also

References

  1. ^ "Intelligence Reform and Terrorism Prevention Act of 2004." Pub.L. 108–458 (text) (PDF), S. 2845, 118 Stat. 3638, enacted December 17, 2004
  2. ^ Peters, Gerhard; Woolley, John T. "George W. Bush: "Statement on Signing the Intelligence Reform and Terrorism Prevention Act of 2005," December 17, 2005". The American Presidency Project. University of California - Santa Barbara.
  3. ^ 9/11 Legislation Launches Misguided Data-Mining and Domestic Surveillance Schemes | Electronic Frontier Foundation. Eff.org (2004-12-20). Retrieved on 2013-08-12.
  4. ^ “Intelligence Overhaul Enacted.” 2004. Congressional Quarterly Almanac LX, 11-3 - 11-13.
  5. ^ http://dmses.dot.gov/docimages/p102/484384.pdf[permanent dead link]
  6. ^ Kady II, Martin. 2004, December 11. “Cleared Intelligence Rewrite is Big Finish for the 108th.” Congressional Quarterly Weekly Report. 2937-2944.
  7. ^ "S. 2845 - Intelligence Reform and Terrorism Prevention Act of 2004".

Kady II, Martin. 2004, December 11. “Cleared Intelligence Rewrite is Big Finish for the 108th.” Congressional Quarterly Weekly Report. 2937-2944.

"S. 2845 - Intelligence Reform and Terrorism Prevention Act of 2004".

External links

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