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Tighter Checks for Terrorist Watchlist Entries

Full Title:
Terrorist Watchlist Data Accuracy and Transparency Act

Summary#

This bill would change how the Department of Homeland Security (DHS) checks and manages names it sends for inclusion on federal terrorist watchlists and related databases. It adds required quality checks, regular audits, and faster correction steps. The goal appears to be to improve data accuracy and reduce errors that can affect people who are flagged.

Key changes:

  • DHS must review every new DHS nomination to the terrorist watchlist (including the No Fly and Selectee Lists) and other terrorism databases before sending it to the FBI’s Terrorist Screening Center (TSC) or the National Counterterrorism Center (NCTC) to make sure the information is free from error, and include that review with the nomination.
  • DHS must audit, at least once a year, all DHS nominations of “United States persons” (U.S. citizens and lawful permanent residents) to confirm the data is error-free and still meets the federal watchlisting criteria.
  • DHS must run a monthly random-audit program to review DHS nominations of all individuals (not limited to U.S. persons) for errors and whether they still meet the criteria.
  • If DHS finds a problem in an audit, it must tell the FBI TSC or NCTC within 24 hours and request a correction or removal.
  • If a requested fix is not made within 30 days, DHS must consult with the FBI or NCTC Director about the decision.
  • DHS must send Congress an annual report with counts of identities it asked to correct or remove (split by U.S. and non-U.S. persons) and how many nominations were recalled or reissued.

What it means for you#

  • Individuals on watchlists (including No Fly and Selectee Lists)

    • You could benefit from fewer mistakes and faster corrections if your record is wrong or outdated, because DHS must check data before submission and audit it after.
    • The bill does not create a new way for you to see, challenge, or appeal your status. Existing redress processes (not addressed in this bill) would still apply.
  • U.S. citizens and lawful permanent residents

    • Your DHS nominations must be audited at least annually for accuracy and to confirm they still meet watchlisting criteria.
  • Travelers

    • There could be fewer mistaken delays or denials tied to DHS data errors, though the bill does not guarantee this outcome.
  • DHS personnel

    • New duties to run pre-submission quality reviews, perform monthly random audits, conduct annual U.S.-person audits, document determinations, and send correction requests quickly.
  • FBI Terrorist Screening Center and National Counterterrorism Center

    • You will receive DHS quality-review determinations with each DHS nomination and more formal requests for corrections/removals, plus follow-up consultations when fixes are not made within 30 days.
  • Congress (Homeland Security committees)

    • You will receive annual oversight reports with counts of correction/removal referrals and related nomination actions.
  • General public

    • This bill mainly changes internal government data-quality and oversight processes. It does not create new public rights, duties, or notification requirements.

Expenses#

The bill may increase administrative costs for DHS (and some for the FBI and NCTC) to perform reviews, audits, corrections, and reporting; no public cost estimate is available.

Possible cost drivers:

  • Additional staff time and training for pre-submission reviews and ongoing audits.
  • Technology or process changes to track determinations, correction requests, and timelines.
  • Workload at FBI/NCTC to process more formal correction/removal requests and consultations.
  • Preparing and delivering annual reports to Congress.

Proponents' View#

  • The bill appears intended to improve the accuracy of terrorist watchlist and related database entries by requiring error checks before submission and regular audits after.
  • Faster correction steps (24-hour notices and 30-day follow-ups) could reduce the time people spend wrongly flagged.
  • Annual audits focused on U.S. persons could be seen as strengthening protections for citizens and lawful permanent residents.
  • Providing annual counts to congressional oversight committees could improve accountability and encourage better data stewardship.
  • Using the existing federal Watchlisting Guidance helps ensure nominations continue to meet established standards.

Opponents' View#

  • One concern is that mandatory pre-submission quality checks could slow urgent nominations, potentially affecting timely threat screening.
  • The bill relies on the FBI/NCTC to act on correction requests; if they do not, DHS can only consult after 30 days. There is no requirement that the other agencies must make the change.
  • “Free from error” is not defined, which may cause uncertainty about what level of proof is needed to add, keep, or correct a record.
  • Transparency to the public remains limited: the bill does not disclose criteria, provide individual notice, or create a new appeal process; reporting is to Congress, not the public.
  • The “random audit program to periodically review all nominations” is unclear in scope and frequency. It is not clear how many records will be reviewed each month or how “random” applies if the intent is to review all nominations over time.
  • Implementation may require significant staff and system resources; the bill provides no funding details or timeline for the pre-submission review requirement beyond the audits starting within 90 days of becoming law.