Intelligence Reform and Terrorism Prevention Act

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. The Electronic Frontier Foundation objected to Act's potential effects on civil liberties.

Overview

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

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.

Organization

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

The first title, titled "Reform of the intelligence community" and given the short title of the National Security Intelligence Reform Act of 2004, is formally divided into 9 subtitles:

1. "Establishment of Director of National Intelligence"
2. "National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers"
3. "Joint Intelligence Community Council"
4. "Improvement of Education for the Intelligence Community"
5. "Additional Improvements of Intelligence Activities"
6. "Privacy and Civil Liberties"
7. "Conforming and Other Amendments"
8. "Transfer, Termination, Transition, and Other Provisions"
9. "Other Matters"

Title II: Federal Bureau of Investigation

The second title, simply titled "Federal Bureau of Investigation", concerns intelligence within the Federal Bureau of Investigation.

Title III: Security clearances

The third title, simply titled "Security clearances", deals with security clearances.

Title IV: Transportation security

The fourth title, simply titled "Transportation security", is formally divided into 5 subtitles:

1. "National Strategy for Transportation Security"
2. "Aviation Security"
3. "Air Cargo Security"
4. "Maritime Security"
5. "General Provisions"

Title V: Border protection, immigration, and visa matters

The fifth title, simply titled "Border protection, immigration, and visa matters", is formally divided into 5 subtitles:

1. "Advanced Technology Northern Border Security Pilot Program"
2. "Border and Immigration Enforcement"
3. "Visa Requirements"
4. "Immigration Reform"
5. "Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad"

Title VI: Terrorism prevention

The sixth title, simply titled "Terrorism prevention", is formally divided into 11 subtitles:

1. "Individual Terrorists as Agents of Foreign Powers"
2. "Money Laundering and Terrorist Financing"
3. "Money Laundering Abatement and Financial Antiterrorism Technical Corrections"
4. "Additional Enforcement Tools"
5. "Criminal History Background Checks"
6. "Grand Jury Information Sharing"
7. "Providing Material Support to Terrorism"
8. "Stop Terrorist and Military Hoaxes Act of 2004"
9. "Weapons of Mass Destruction Prohibition Improvement Act of 2004"
10. "Prevention of Terrorist Access to Destructive Weapons Act of 2004"
11. "Pretrial Detention of Terrorists"

Title VII: 9/11 Commission Implementation Act of 2004

The seventh title, titled "Implementation of 9/11 Commission recommendations" and given the short title of the 9/11 Commission Implementation Act of 2004, is formally divided into 8 subtitles:

1. "Diplomacy, Foreign Aid, and the Military in the War on Terrorism"
2. "Terrorist Travel and Effective Screening"
3. "National Preparedness"
4. "Homeland Security"
5. "Public Safety Spectrum"
6. "Presidential Transition"
7. "Improving International Standards and Cooperation to Fight Terrorist Financing"
8. "Emergency Financial Preparedness"

The Act is notable for §7213 which directs the Commissioner of Social Security to "restrict the issuance of multiple replacement social security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this paragraph on a case-by-case basis in compelling circumstances" because the Immigration Reform and Control Act of 1986 added the 8 U.S.C. § 1324a(b) requirement for a social security account number card for employment.

Title VIII: Other matters

The eighth title, simply titled "Other matters", is formally divided into 4 subtitles:

1. "Intelligence Matters"
2. "Department of Homeland Security Matters"
3. "Homeland Security Civil Rights and Civil Liberties Protection"
4. "Other Matters"