The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Pub.L. 108-458, 118 Stat. 3638, enacted December 17, 2004, is a 236-page Act of Congress, signed by President George W. Bush, that broadly affects US federal terrorism laws. In juxtaposition with the single-subject rule, the act is composed of several separate titles with varying subject issues.
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.[1]
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) is currently developing the Secure Flight program and issuing this 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.[2]
The act is formally divided into eight titles:
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:
The second title, simply titled "Federal Bureau of Investigation", concerns intelligence within the Federal Bureau of Investigation.
The third title, simply titled "Security clearances", deals with security clearances.
The fourth title, simply titled "Transportation security", is formally divided into 5 subtitles:
The fifth title, simply titled "Border protection, immigration, and visa matters", is formally divided into 5 subtitles:
The sixth title, simply titled "Terrorism prevention", is formally divided into 11 subtitles:
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:
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". This is notable because the Immigration Reform and Control Act of 1986 added the 8 U.S.C. § 1324a(b) requirement of a social security account number card as a document evidencing employment authorization.
The eighth title, simply titled "Other matters", is formally divided into 4 subtitles: