Evaluating the Intelligence Reform and Terrorism Prevention Act Of 2004

Civil Liberties Board can help ensure attention to civil liberties in process of drafting policies. Shortcomings: Lacks subpoena power; members appointed by the president.

Reject's 9/11 Commission's recommendation that the public know U.S.'s total intelligence budget. Recent revelations of a useless, expensive spy satellite program may have revealed the reason for the continuing secrecy.

Process for those on "no-fly list" to appeal to the Transportation Security Agency to be removed from the list.

Automatic deportation of aliens who have received military-type training from terrorist organizations. This penalizes people, including children, who have been kidnapped or otherwise forced to join terrorist bands from obtaining asylum in the U.S. (See Section 6602.)

Strengthens privacy and civil liberties protection roles of the following members of the Department of Homeland Security: Privacy Officer, Civil Rights and Civil Liberties Officer, and Inspector General.

Establishes basic national standards for state-issued driver's licenses and personal ID cards (Section 7212) and birth certificates (Section 7211). In the case of driver's licenses, the Secretary of Transportation is to establish the minimum standards within 18 months. The ACLU and others call these standards a precursor to a national ID card.

Struck the most egregious anti-immigrant/anti-refugee provisions in H.R. 10 from final bill. Details here.

• Alien identification standards

• Expedited removal and other sections that would have permitted removal to countries that torture

• Preventing terrorists from obtaining asylum ("One central motive" requirement)

• Revocation of visas and other travel documentation

Cautionary note: These sections may be attached to the first "must pass" bill in the next Congress.

From "Patriot II":

• FBI can obtain warrants for secret surveillance and searches without having to link the individual with a specific foreign government or terrorist group. This provision, also known as "lone wolf" and "the Moussaoui fix," loosens standards for the FBI to obtain FISA warrants to conduct secret surveillance. Law "Sunsets" on December 31, 2005, unless Congress reauthorizes it.

• Makes it easier for the DOJ to detain suspects indicted by a grand jury on terrorism charges without bail, putting the onus on the defendant to show he or she is not a danger or a flight risk. This opens the door to indefinite detention.

Strengthens Attorney General's reports to Congress about its use of the Foreign Intelligence Surveillance Act. (See Section 6002.)

Expands sharing of grand jury information with foreign governments . This is disturbing in light of the DOJ's record of making charges and allegations that have turned out to be false. Also allows federal prosecutors to share secret grand jury information with local, state, or foreign governments to protect against terrorist attacks.

"Material Support": In order to be in violation, the person must know of the organization's terrorist designation or that it engages in terrorist activity. Law will "sunset" on December 31, 2006, unless Congress reauthorizes it.

"Material Support": Subsequent to two federal court rulings that found this statute to be "unconstitutionally vague," Section 6603 clarifies the statute, criminalizing any tangible or intangible property or service to a named terrorist organization.

Oversight and Privacy Protections for information sharing: Calls for privacy guidelines for sharing information calling for congressional and public input and the civil liberties board's involvement, and for "strong mechanisms to enhance
accountability and facilitate oversight, including audits,
authentication, and access controls." (See Section 1016.)

Registered traveler program: Allows pre-approved travelers to sail through customs. Terrorists could exploit this new loophole.