HR4971-119

What This Bill Does

The Terrorist Watchlist Data Accuracy and Transparency Act adds data-quality controls to Department of Homeland Security nominations for the terrorist watchlist, No Fly List, Selectee List, watchlist exceptions, and other terrorism databases. Before DHS submits an initial nomination to the FBI Terrorist Screening Center or National Counterterrorism Center, the Secretary must conduct a quality assurance review confirming the information is free from error and include that review in the nomination. Within 90 days and annually after, DHS Intelligence and Analysis must review all DHS nominations of United States persons to determine whether the information is error-free and still satisfies Watchlisting Advisory Council guidance. Within 90 days and monthly after, DHS must run a random audit program for all DHS nominations. DHS must notify FBI TSC and NCTC within 24 hours of negative determinations and request correction or retraction when appropriate; if correction or retraction is not completed within 30 days, DHS must consult with the FBI or NCTC director. DHS must report annually to congressional homeland security committees on correction and retraction referrals, recalled nominations, and reissued nominations, disaggregated by United States person and non-United States person identities.

Who Benefits and How

United States persons nominated to watchlists benefit from annual DHS review of whether nominations are error-free and still satisfy watchlisting criteria. Travelers wrongly flagged by DHS nominations benefit if correction or retraction requests reduce erroneous No Fly List or Selectee List consequences. Civil liberties organizations benefit from statutory audit and reporting hooks around terrorist watchlist data accuracy. FBI Terrorist Screening Center staff benefit from receiving DHS nominations that include pre-submission quality assurance determinations.

Who Bears the Burden and How

DHS Intelligence and Analysis staff must perform pre-submission reviews, annual United States person reviews, and monthly random audits. National Counterterrorism Center staff must respond to DHS correction or retraction requests for terrorism database records. FBI Terrorist Screening Center staff must process DHS notices within the correction and retraction framework. DHS reporting staff must submit annual correction, retraction, recall, and reissue counts to congressional homeland security committees.

Key Provisions

• Requires DHS quality assurance review before initial terrorist watchlist nominations are submitted.
• Requires annual review of all DHS nominations of United States persons.
• Creates a monthly random audit program for DHS nominations to watchlists and terrorism databases.
• Requires 24-hour notice to FBI TSC and NCTC for negative determinations and correction or retraction requests when appropriate.
• Requires annual reports to congressional homeland security committees on correction, retraction, recall, and reissue outcomes.