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{{short description|Act of Congress}}
{{Infobox U.S. legislation
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{{Susan Collins series}}
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 attacks|September 11, 2001]].<ref name=USStatuteText>"[[Intelligence Reform and Terrorism Prevention Act of 2004]]." {{USStatute |108|458|118|3638|2004|12|17|S|2845}}</ref>
==Overview==
This act established
The IRTPA requires the [[United States Department of Homeland Security|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.
== 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 [[9/11 Commission Report|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.<ref>Kady II, Martin. 2004, December 11. “Cleared Intelligence Rewrite is Big Finish for the 108th.” Congressional Quarterly Weekly Report. 2937-2944.</ref>
== Legislative History ==
S. 2845 was introduced by [[United States Senate|U.S. Senator]] [[Susan Collins|Susan M. Collins]] of [[Maine]] on September 23, 2004. The [[United States Senate|Senate]] approved the bill, 96–2, on October 6 of the same year and it was sent to the House. After debate, the [[United States House of Representatives|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.<ref>{{Cite web |title=S. 2845 - Intelligence Reform and Terrorism Prevention Act of 2004 |url=https://www.congress.gov/bill/108th-congress/senate-bill/2845/all-actions}}</ref>
=== Senate Floor ===
Debate on S. 2845 began on September 27, 2004. As many as 300 amendments were proposed, though most were negotiated by the bill sponsors and the amendment proposers behind the scenes to convince them to withdraw or ruled out of order.
==== Notable Floor Actions<ref name=":1">{{Cite web |title=S.2845 - Intelligence Reform and Terrorism Prevention Act of 2004 |url=https://www.congress.gov/bill/108th-congress/senate-bill/2845/all-actions?pageSort=asc}}</ref> ====
* The Senate voted 93-4 to table a Specter amendment that would have given the DNI a 10-year fixed term. The idea was that not having a fixed term would increase the position's independence from the president.
* The Senate voted 78-19 to table a Specter amendment intended to give the DNI more power over intelligence agency operations, including the Pentagon's day-to-day activities.
* The Senate voted 62-29 to table a Byrd amendment that would have restricted the DNI's budget authority and the power to transfer personnel and funds.
* The Senate voted 55-37 to table a Stevens amendment that would have deleted language requiring disclosure of the overall intelligence budget from the bill.
* The Senate agreed to the McCain amendment 97-0, adding Title VII of S. 2774 to increase transportation security.
* The Senate agreed to the Hutchison amendment 96-0 to provide for air cargo safety.
* The Senate agreed to the Roberts amendment 98-0 to maintain the applicability of section 504 of the National Security Act of 1947 in relation to fund appropriations for United States intelligence and intelligence-related activities.
* The Senate agreed 96-2 to the bill on October 6, 2004.
=== House Floor ===
Speaker of the House J. Dennis Hastert introduced H.R. 10 to the floor as the House version of the intelligence overhaul bill on October 7, 2004 to be considered alongside S. 2845. H.R. 10 was passed 282-134 on October 8.
==== Notable Floor Actions<ref name=":1" /> ====
* On October 16, 2004, the House struck the enacting clause from S. 2845 and inserted H.R. 10, passing the bill the same day.
=== Conference ===
The bill was sent to conference on October 16, 2004 per the House's request. Appointed conferees from both chambers met to negotiate the two versions of the bill, but discussions broke down over the budgetary authority of the DNI. The conference lasted for weeks with no progress until Senators Collins and Lieberman proposed language—in particular, the word "abrogate"—that softened the DNI's budgetary powers, to which House conferees agreed. The conference report was filed on December 7, 2004 and agreed to in the House on the same day, with the Senate agreeing a day later.
=== Enactment ===
The bill was sent from the Senate to President Bush on December 15, 2004. It was signed on December 17 to become public law.
== Support ==
The Senate plan was backed by the 9/11 Commission, families of the 9/11 victims, a bipartisan coalition of senators and some House members, and the majority of the White House. The House plan was backed by the Pentagon camp, led by notably House Republicans, the Pentagon, the House and Senate Armed Services committees, and chairman of the Joint Chiefs of Staff General Richard B. Myers. The final bill was supported by a bipartisan House and Senate, the White House, and the general public, including the families of the 9/11 victims.
== 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 [[8 (number)|eight]] titles:
# "Reform of the intelligence community", also known as the
# "Federal Bureau of Investigation"
# "Security clearances"
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# "Other matters"
===Title I: National Security Intelligence Reform Act of 2004<ref name=":04">{{Cite web |title=S. 2845 - Intelligence Reform and Terrorism Prevention Act of 2004 |url=https://www.congress.gov/bill/108th-congress/senate-bill/2845/all-actions}}</ref>===
Title I established the position of the Director of National Intelligence (DNI), the National Counterterrorism Center, and the National Counter-Proliferation Center.
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 Counterproliferation Center|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<ref name=":22">CQ Almanac. (2004). Intelligence Overhaul Enacted. ''Congressional Quarterly Almanac Plus 2004, Vol. LX,'' p. 11/3-11/13.</ref> ===
The [[Federal Bureau of Investigation|FBI]] was required to create a career path for domestic intelligence work within the agency to promote collection and analysis of intelligence. The title also developed a Reserve Service of former FBI agents to be called upon in case of a national emergency under the discretion of the FBI director.
=== Title III: Security clearances<ref name=":22" /> ===
The president was required to denote a single department or agency to be responsible for overseeing security clearances, which could be transferred between agencies to reduce repetitive processing.
===Title
Title IV authorizes new airport security programs including screening carry-on luggage for explosives, training foreign air marshals, creating blast-resistant cargo holds, and increased screening of airport workers. [[United States Department of Homeland Security|Homeland Security]] is required to deploy biometric screening systems at airports to obtain biological information to be used to identify individual travelers. The [[Transportation Security Administration|TSA]] was required to test new passenger screening systems to cross-reference "no fly" lists with an integrated terrorist watch list.
The title also gives Homeland Security the authority to create a terrorist watch list for cruise ships.
===Title V: Border protection, immigration, and visa matters<ref name=":22"/>===
Title V requires states to follow national standards for drivers license eligibility, requires visa applicants to be interviewed, offers provisions for immigrants who have received training from terrorist organizations to be deported, authorized an additional 10,000 border patrol agents to be added over five years, authorized the use of unmanned aerial vehicles to monitor the Canadian border, and created 8,000 new beds in the Department of Homeland Security's detention center to house illegal aliens and terrorist suspects.
=== Title VI: Terrorism prevention<ref name=":22"/> ===
Title VI allows the FBI to conduct surveillance on individual terrorists not connected to a foreign power. The law requires that terrorist subjects be denied bail and held in jail until their trial unless they can prove they are not dangerous or flight risks. Conveying false or misleading information on a terrorist attack, actual or possible, was criminalized and made an imprisonable offense. Using the mail or any postal-like service as a means of attack with weapons of mass destruction was also specified as a criminal offense, and criminal penalties were expanded for the production, possession, and use of dirty bombs and the [[variola virus]].
=== Title VII: Implementation of the 9/11 Commission
Title VII included foreign policy provisions to improve U.S. diplomatic relations internationally. These include identification of terrorist sanctuaries, regulation of exports to state sponsors of terrorism and terrorist sanctuaries, U.S. support for democracy in Afghanistan and stability in Pakistan, strategic diplomatic efforts in Saudi Arabia, Muslim outreach, support of the UN Human Rights Commission, and free press promotion in the Muslim world
===Title VIII: Other matters<ref name=":04" />===
Title VIII authorizes the DNI to establish a formal relationship between the intelligence community and the National Infrastructure Simulation and Analysis Center, created the Office of Geospatial Management within the Department of Homeland Security, authorizes the Inspector General of the Department of Homeland Security to designate a senior staffer to manage civil rights and civil liberties cases for the department, requires the FBI to continually maintain and update enterprise and technology architecture and infrastructure, and requires the Office of Government ethics to submit financial disclosure reports to Congress.
== Controversy ==
[[The Pentagon]] and its supporters in the House were against the bill. They opposed giving the DNI authority over the Pentagon's intelligence agencies and their budgets, saying the idea was troubling. The Pentagon camp, led by House Conferee [[Duncan L. Hunter|Duncan Hunter]], R-CA, was labeled "obstructionist" by supporters of the Senate version of the bill. Hunter denied this claim, arguing that they wanted a reform bill that did not damage the relationship between the secretary of defense and defense agencies.<ref>Kady II, Martin. 2004, November 13. "Chances for Intelligence Rewrite Grow Slim as Pentagon Digs In." Congressional Quarterly Weekly Report. 2701-2703.</ref>
Advocacy groups for families of the 9/11 victims blamed President Bush and House Republicans for the intelligence bill being stalled in Congress. They accused Bush of allowing members of the Republican party to derail the legislative process and named Speaker of the House [[Dennis Hastert|J. Dennis Hastert]] as a responsible party for the bill's stagnation. The [[9/11 Family Steering Committee|Family Steering Committee]] released a statement saying they were "angry and saddened that the opportunity for significant reform of our country's intelligence structure has been squandered." The group [[Families of September 11]] also came out saying that the legislators not helping to push the legislation through the House would be held accountable by voters in the upcoming election.<ref>{{cite news |id={{ProQuest|92802582}} |last1=Shenon |first1=Philip |title=9/11 Families Group Rebukes Bush for Impasse on Overhaul |url=https://www.nytimes.com/2004/10/28/politics/911-families-group-rebukes-bush-for-impasse-on-overhaul.html |work=The New York Times |date=28 October 2004 }}</ref>
== Response ==
Upon the IRTPA's passage in the Senate, President Bush released a statement calling it a historic piece of legislation that would defend America and help to protect its people from terrorism.<ref name=":0">{{cite news |id={{ProQuest|92734379}} |last1=Shenon |first1=Philip |title=Senate Approves Intelligence Bill |url=https://www.nytimes.com/2004/12/09/politics/senate-approves-intelligence-bill.html |work=The New York Times |date=9 December 2004 }}</ref> The public response was also positive, particularly from the families of 9/11 victims who had supported the bill, however some members of Congress remained skeptical. The two senators who had voted against passing the bill, Robert C. Byrd (D-WV) and James M. Inhofe (R-OK), came out against it, expressing their regret that it had passed so quickly and without stricter provisions against illegal immigration.<ref name=":0" />
The [[Electronic Frontier Foundation]] objected to Act's potential [[Causality|effects]] on [[civil liberties]].<ref>[https://www.eff.org/deeplinks/2004/12/9-11-legislation-launches-misguided-data-mining-and-domestic-surveillance-schemes 9/11 Legislation Launches Misguided Data-Mining and Domestic Surveillance Schemes | Electronic Frontier Foundation]. Eff.org (2004-12-20). Retrieved on 2013-08-12.</ref>
==See also==
* [[United States Joint Intelligence Community Council]]
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==External links==
* [https://www.govinfo.gov/content/pkg/COMPS-8188/uslm/COMPS-8188.xml Intelligence Reform and Terrorism Prevention Act of 2004] as amended ([https://www.govinfo.gov/content/pkg/COMPS-8188/pdf/COMPS-8188.pdf PDF]/[https://www.govinfo.gov/app/details/COMPS-8188/ details]) in the [[United States Government Publishing Office|GPO]] [https://www.govinfo.gov/help/comps Statute Compilations collection]
* [https://www.govinfo.gov/link/plaw/108/public/458?link-type=pdf&.pdf Intelligence Reform and Terrorism Prevention Act of 2004] as enacted ([https://www.govinfo.gov/link/plaw/108/public/458?link-type=details details]) in the [[United States Statutes at Large|US Statutes at Large]]
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{{DEFAULTSORT:Intelligence Reform And Terrorism Prevention Act}}
[[Category:United States federal defense and national security legislation]]
[[Category:Acts of the 108th United States Congress]]
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