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Intelligence Reform and Terrorism Prevention Act

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Intelligence Reform and Terrorism Prevention Act

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.

This act established 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.

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.

S. 2845 was introduced by U.S. Senator Susan 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.

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.

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.

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.

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