HR4971-119

1. Short title This Act may be cited as the Terrorist Watchlist Data Accuracy and Transparency Act.

2. Quality assurance reviews of Department of Homeland Security nominations to the terrorist watchlist and other terrorism databases Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: Prior to submission to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center of an initial Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, the Secretary shall conduct a quality assurance review of such initial nomination to determine if all information contained in such initial Department nomination is free from error. The Secretary shall ensure that reviews and determinations under paragraph (1) are included in each initial Department nomination submitted to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center. Not later than 90 days after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall review, as of the date of each such review, all Department nominations of United States persons for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such nomination: If all information contained in each such Department nomination is free from error. If each such Department nomination continues to satisfy the criteria specified in the Watchlisting Advisory Council’s Watchlisting Guidance for such inclusion. Not later than 90 days after the date of the enactment of this section and monthly thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish a random audit program to periodically review, as of the date of each such review, all Department nominations of individuals for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such Department nomination: If all information contained in each such Department nomination is free from error. If each such Department nomination continues to satisfy the criteria referred to in subsection (b)(2) for such inclusions. The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall notify the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center not later than 24 hours after making a determination in the negative pursuant to subsection (b) or (c), as the case may be, with respect to a Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and include in any such notification a request, if appropriate, for an associated correction or retraction with respect to such inclusion. If the Secretary determines a correction or retraction, as appropriate and as the case may be, under subsection (d) with respect to the inclusion of an individual in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases has not been effectuated by the date that is 30 days after a request relating thereto was made pursuant to such subsection, the Secretary shall promptly consult with the Director of the Federal Bureau of Investigation or the Director of the National Counterterrorism Center, as appropriate, regarding any decision or justification by either such Director, as appropriate, relating to such correction or retraction, as the case may be. The Secretary shall annually submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing information relating to the number of identities, disaggregated by United States person identities and non-United States person identities, referred for corrections or retractions pursuant to this section, and the number of nominations recalled or reissued as a result of such referrals. In this section: The term terrorist watchlist has the meaning given the term terrorist screening database in section 2101. The term other terrorism databases means the Terrorist Identities Datamart Environment or any other database maintained by the National Counterterrorism Center pursuant to section 119(d)(6) of the National Security Act of 1947 (50 U.S.C. 3056(d)(6)). The term United States person means any United States citizen or alien admitted for permanent residence in the United States. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 210G the following new item: 210H.Quality assurance reviews of departmental nominations to the terrorist watchlist and other terrorism databases (a)Quality assurance reviews (1)In generalPrior to submission to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center of an initial Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, the Secretary shall conduct a quality assurance review of such initial nomination to determine if all information contained in such initial Department nomination is free from error. (2)Submission of review and determinationThe Secretary shall ensure that reviews and determinations under paragraph (1) are included in each initial Department nomination submitted to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center. (b)Annual audits of United States persons nominationsNot later than 90 days after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall review, as of the date of each such review, all Department nominations of United States persons for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such nomination: (1)If all information contained in each such Department nomination is free from error. (2) If each such Department nomination continues to satisfy the criteria specified in the Watchlisting Advisory Council’s Watchlisting Guidance for such inclusion. (c)Random auditsNot later than 90 days after the date of the enactment of this section and monthly thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish a random audit program to periodically review, as of the date of each such review, all Department nominations of individuals for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such Department nomination: (1)If all information contained in each such Department nomination is free from error. (2)If each such Department nomination continues to satisfy the criteria referred to in subsection (b)(2) for such inclusions. (d)Correcting or retracting recordsThe Secretary, acting through the Under Secretary for Intelligence and Analysis, shall notify the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center not later than 24 hours after making a determination in the negative pursuant to subsection (b) or (c), as the case may be, with respect to a Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and include in any such notification a request, if appropriate, for an associated correction or retraction with respect to such inclusion. (e)Consultation with FBI and NCTCIf the Secretary determines a correction or retraction, as appropriate and as the case may be, under subsection (d) with respect to the inclusion of an individual in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases has not been effectuated by the date that is 30 days after a request relating thereto was made pursuant to such subsection, the Secretary shall promptly consult with the Director of the Federal Bureau of Investigation or the Director of the National Counterterrorism Center, as appropriate, regarding any decision or justification by either such Director, as appropriate, relating to such correction or retraction, as the case may be. (f)Report to CongressThe Secretary shall annually submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing information relating to the number of identities, disaggregated by United States person identities and non-United States person identities, referred for corrections or retractions pursuant to this section, and the number of nominations recalled or reissued as a result of such referrals. (g)DefinitionsIn this section: (1)Terrorist watchlistThe term terrorist watchlist has the meaning given the term terrorist screening database in section 2101. (2)Other terrorism databasesThe term other terrorism databases means the Terrorist Identities Datamart Environment or any other database maintained by the National Counterterrorism Center pursuant to section 119(d)(6) of the National Security Act of 1947 (50 U.S.C. 3056(d)(6)). (3)United States personThe term United States person means any United States citizen or alien admitted for permanent residence in the United States.. Sec. 210G. Quality assurance reviews of departmental nominations to the terrorist watchlist and other terrorism databases..

210H. Quality assurance reviews of departmental nominations to the terrorist watchlist and other terrorism databases Prior to submission to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center of an initial Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, the Secretary shall conduct a quality assurance review of such initial nomination to determine if all information contained in such initial Department nomination is free from error. The Secretary shall ensure that reviews and determinations under paragraph (1) are included in each initial Department nomination submitted to the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center. Not later than 90 days after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall review, as of the date of each such review, all Department nominations of United States persons for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such nomination: If all information contained in each such Department nomination is free from error. If each such Department nomination continues to satisfy the criteria specified in the Watchlisting Advisory Council’s Watchlisting Guidance for such inclusion. Not later than 90 days after the date of the enactment of this section and monthly thereafter, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish a random audit program to periodically review, as of the date of each such review, all Department nominations of individuals for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and determine the following for each such Department nomination: If all information contained in each such Department nomination is free from error. If each such Department nomination continues to satisfy the criteria referred to in subsection (b)(2) for such inclusions. The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall notify the Federal Bureau of Investigation’s Terrorist Screening Center and the National Counterterrorism Center not later than 24 hours after making a determination in the negative pursuant to subsection (b) or (c), as the case may be, with respect to a Department nomination of an individual for inclusion in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases, and include in any such notification a request, if appropriate, for an associated correction or retraction with respect to such inclusion. If the Secretary determines a correction or retraction, as appropriate and as the case may be, under subsection (d) with respect to the inclusion of an individual in the terrorist watchlist, including subsets of such watchlist, such as the No Fly List, the Selectee List, and watchlist exceptions, or other terrorism databases, or successors of such watchlist or other terrorism databases has not been effectuated by the date that is 30 days after a request relating thereto was made pursuant to such subsection, the Secretary shall promptly consult with the Director of the Federal Bureau of Investigation or the Director of the National Counterterrorism Center, as appropriate, regarding any decision or justification by either such Director, as appropriate, relating to such correction or retraction, as the case may be. The Secretary shall annually submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing information relating to the number of identities, disaggregated by United States person identities and non-United States person identities, referred for corrections or retractions pursuant to this section, and the number of nominations recalled or reissued as a result of such referrals. In this section: The term terrorist watchlist has the meaning given the term terrorist screening database in section 2101. The term other terrorism databases means the Terrorist Identities Datamart Environment or any other database maintained by the National Counterterrorism Center pursuant to section 119(d)(6) of the National Security Act of 1947 (50 U.S.C. 3056(d)(6)). The term United States person means any United States citizen or alien admitted for permanent residence in the United States.