What Is The Intelligence Reform And Terrorism Prevention Act Of 2004 Pdf

what is the intelligence reform and terrorism prevention act of 2004 pdf

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Intelligence Reform and Terrorism Prevention Act

Today, President George W. While public and media attention has been focused on the establishment of a director of national intelligence and a National Counterterrorism Center, other equally important aspects of IRTPA have received far less attention. Several members of Congress have been pushing for the change in recent years, driven in part by revelations that the FBI did not obtain a FISA wiretap on accused conspirator Zacarias Mousaoui prior to the attacks because its lawyers did not believe there was sufficient information to connect him to a foreign power.

FBI officials supported the change, maintaining that there is increasing danger from lone actors who may sympathize with the larger causes of formal terrorist groups and take action accordingly, even if they have little or no connection to these groups. While this provision will certainly increase the FBI's ability to target suspected terrorists, it is unclear whether it will survive judicial review. Civil liberties groups argue that the measure violates Fourth Amendment protections against unreasonable search and seizure.

Hence, the issue will likely end up in the courts, presumably once the Justice Department attempts to prosecute an individual on whom they obtained a FISA warrant using this provision. The defendant, however, will likely be in the awkward position of having to challenge the legality of the FISA warrant without knowing whether the department relied on the "lone wolf" provision in the FISA application. Section A makes it a crime to provide material support or resources that a donor knows will be used in connection with a terrorist act; Section B prohibits "knowingly" providing material support or resources to organizations designated as "foreign terrorist organizations.

The material support statute has been the cornerstone of the Justice Department's efforts to prosecute suspected terrorists in recent years. According to the department, as of May , more than fifty defendants in seventeen different judicial districts had been charged under the statute since September IRTPA adds to the statute by making it a criminal offense to "knowingly receive" military-type training from a designated terrorist organization.

In the past, even if someone confessed to knowingly attending an al-Qaeda training camp, this alone would not have been an illegal act. In addition, IRTPA clarifies portions of the material support statute that some federal courts have found unconstitutional. For example, in Humanitarian Law Project, et al. John Ashcroft, et al. In January , a federal court in California agreed with the plaintiffs that the phrase "expert advice and assistance" was impermissibly vague and thus violated the First Amendment.

In , the plaintiffs had brought a similar suit arguing that the "training" and "personnel" terms in the material support statute were unconstitutionally vague; in a December decision, the 9th Circuit Court agreed with them. Yet another part of the statute was deemed unconstitutional by a federal judge in New York in July Ahmed Sattar and other followers of the "Blind Sheikh" Omar Abdul Rahman had been charged under the measure barring provision of communications equipment for allegedly transmitting information from the imprisoned sheikh to other members of the Egyptian al-Gamaa al-Islamiya the Islamic Group worldwide.

In dismissing two counts of the indictment, however, the court found that the term "communications equipment" was unconstitutionally vague. IRTPA clarifies some of the terms that courts have deemed questionable or too vague. For example, the legislation includes more detailed definitions of the terms "training," "expert advice or assistance," and "knowingly provided.

Finally, IRTPA authorizes the secretary of state -- in consultation with the attorney general -- to grant waivers to the statute. IRTPA will improve the FBI's ability to combat international terrorism by legislating the Commission's recommendations regarding reform in the bureau.

The commission found that while the FBI had made significant progress in improving its counterterrorism capabilities under Director Mueller, gaps remained, particularly in the bureau's field offices. In visits to these offices, the commission staff found that language and surveillance specialists were not well integrated into the FBI's intelligence program, and that analysts were sometimes underutilized.

The gaps identified by the commission raised concerns in light of the fact that, prior to September 11, the FBI had already made several attempts to reform itself in recognition of the growing threat from international terrorism and the bureau's own systemic deficiencies in addressing that threat. These efforts were largely unsuccessful. Accordingly, the commission wanted to ensure that current reform efforts will remain on track even if Director Mueller were to leave the bureau.

IRTPA takes an important step forward in this regard by legislating the commission's recommendations. IRTPA orders the FBI director to develop a "specialized and integrated national intelligence workforce" of agents, analysts, linguists, and surveillance specialists.

The legislation goes on to mandate that this cadre be recruited, trained, and rewarded in such a way that the FBI develops an institutional culture seeped in intelligence. Although the passage of IRTPA will certainly improve the FBI, Justice Department, and intelligence community's ability to counter the international terrorist threat, it is only the first step in a long process. How the FBI and Justice Department use their new powers, and the way in which the bureau carries out its reform efforts, are perhaps even more important than the presence of these provisions in IRTPA.

Both the executive branch and Congress must recognize that more changes will likely be needed in the future, not only to address continuing problems, but also to respond to the evolving terrorist threat. Michael Jacobson, a Soref fellow at The Washington Institute, served as counsel on both the congressional and independent commissions investigating the September 11 attacks. Policy Analysis PolicyWatch Dec 17, About the Authors. Michael Jacobson.

Brief Analysis. Conclusion Although the passage of IRTPA will certainly improve the FBI, Justice Department, and intelligence community's ability to counter the international terrorist threat, it is only the first step in a long process.

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U.S. Department of State

Skip to main content. Legal Resources. Short title. Reorganization and improvement of management of intelligence community. Revised definition of national intelligence. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.

If an agency had done so, the agency could have discovered the ways in which the terrorist predecessors to al Qaeda had been systematically, but detectably, exploiting weaknesses in our border security since the early s. Analyzing their characteristic travel documents and travel patterns could have allowed authorities to intercept some of the hijackers and a more effective use of information available in government databases could have identified some of the hijackers. The report to Congress should include a description of the actions taken to implement the strategy and an assessment regarding vulnerabilities within the United States and foreign travel systems that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators. A a program for collecting, analyzing, disseminating, and utilizing information and intelligence regarding terrorist travel tactics and methods, and outline which Federal intelligence, diplomatic, and law enforcement agencies will be held accountable for implementing each element of the strategy;. B the intelligence and law enforcement collection, analysis, operations, and reporting required to identify and disrupt terrorist travel tactics, practices, patterns, and trends, and the terrorist travel facilitators, document forgers, human smugglers, travel agencies, and corrupt border and transportation officials who assist terrorists;. C the training and training materials required by consular, border, and immigration officials to effectively detect and disrupt terrorist travel described under subsection c 3 ;.

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Today, President George W. While public and media attention has been focused on the establishment of a director of national intelligence and a National Counterterrorism Center, other equally important aspects of IRTPA have received far less attention. Several members of Congress have been pushing for the change in recent years, driven in part by revelations that the FBI did not obtain a FISA wiretap on accused conspirator Zacarias Mousaoui prior to the attacks because its lawyers did not believe there was sufficient information to connect him to a foreign power.

Creator: Unknown. December 19, It has been viewed times, with 18 in the last month. More information about this report can be viewed below.

So, All of authors and contributors must check their papers before submission to making assurance of following our anti-plagiarism policies. The IRTPA of was established to enhance the communication channels among intelligence agencies, facilitate data exchange and analytic tradecraft etc. Unfortunately, more than a decade after the establishment of the Act, there are doubts on the level of National Security threats after coupled with arguments on the effectiveness of the IRTPA of on U.

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