Terrorist Watchlist Data Accuracy and Transparency Act
- Sponsor
- Rep. Thompson, Bennie G. [D-MS-2]
- Committees
- Homeland Security Committee (primary)
- Last action
- Aug 18, 2025
Bottom line
The bill aims to enhance the accuracy and transparency of federal terrorism watchlists by implementing rigorous internal review and audit procedures within the Department of Homeland Security to protect civil liberties and improve data integrity.
What it actually does
This bill amends the Homeland Security Act of 2002 to mandate new quality assurance and audit procedures for the Department of Homeland Security's (DHS) nominations to federal terrorism watchlists. It requires pre-submission reviews for all initial nominations, annual audits for U.S. persons on watchlists, and monthly random audits for all nominations. The bill also establishes a process for correcting or retracting erroneous records and mandates annual reporting to Congress on these activities.
Proponents argue
Proponents argue that this legislation is essential for protecting civil liberties by minimizing erroneous inclusions on watchlists, which can lead to significant travel and other restrictions for individuals. They contend it enhances national security by ensuring the integrity and reliability of critical intelligence databases, allowing resources to be focused on genuine threats rather than managing flawed data.
Opponents contend
Opponents might express concerns that these new review processes could create bureaucratic hurdles, slow down the watchlisting process, and potentially delay the inclusion of legitimate threats, thereby compromising national security. They might also argue that existing review mechanisms are sufficient or that the bill adds unnecessary layers of bureaucracy without a clear benefit.
The bill is concise and clearly written, allowing for a thorough understanding and evaluation within a short reading time.
Section 2(a), adding new Section 210H(a) to the Homeland Security Act of 2002.
Mandatory Quality Assurance Reviews for Initial Watchlist Nominations
Before the Department of Homeland Security (DHS) submits an individual's name for inclusion in any federal terrorist watchlist or other terrorism database, the Secretary of Homeland Security must conduct a quality assurance review. This review is designed to ensure that all information contained in the initial nomination is free from error. The determination of this review must accompany the nomination when submitted to the FBI's Terrorist Screening Center and the National Counterterrorism Center.
Supporters argue
Supporters argue this provision is a critical first step to prevent errors from entering the watchlist system, thereby protecting innocent individuals from undue scrutiny and travel restrictions, while also improving the overall reliability of intelligence databases.
Critics contend
Critics might contend that this adds an unnecessary layer of bureaucracy that could slow down the initial watchlisting process, potentially delaying the identification and tracking of legitimate threats.
Tradeoffs
This provision balances the need for swift threat identification with the imperative for data accuracy and the protection of civil liberties.
Section 2(a), adding new Section 210H(b) to the Homeland Security Act of 2002.
Annual Audits of United States Persons Nominations on Watchlists
Within 90 days of the bill's enactment and annually thereafter, the Under Secretary for Intelligence and Analysis at DHS must review all DHS nominations of United States persons (citizens or permanent residents) currently on the terrorist watchlist or other terrorism databases. This review must determine if all information in each nomination is error-free and if the nomination continues to satisfy the criteria specified in the Watchlisting Advisory Council's Watchlisting Guidance for inclusion.
Section 2(a), adding new Section 210H(c) to the Homeland Security Act of 2002.
Monthly Random Audits of All Watchlist Nominations
Within 90 days of the bill's enactment and monthly thereafter, the Under Secretary for Intelligence and Analysis at DHS must establish a random audit program. This program will periodically review a sample of all DHS nominations (covering both U.S. and non-U.S. persons) for inclusion on the terrorist watchlist or other terrorism databases. The purpose of these audits is to determine if all information in each selected nomination is error-free and continues to meet the specified watchlisting criteria.
Section 2(a), adding new Section 210H(d) and (e) to the Homeland Security Act of 2002.
Expedited Correction and Retraction Process for Erroneous Watchlist Records
If DHS determines, through its annual or random audits, that a watchlist nomination is erroneous or no longer meets the inclusion criteria, the Under Secretary for Intelligence and Analysis must notify the FBI's Terrorist Screening Center and the National Counterterrorism Center within 24 hours. This notification must include a request for an associated correction or retraction. If the requested correction or retraction has not been effectuated within 30 days, the Secretary of Homeland Security must promptly consult with the Director of the FBI or NCTC regarding the decision or justification for the delay.
Section 2(a), adding new Section 210H(f) to the Homeland Security Act of 2002.
Annual Congressional Reporting on Watchlist Corrections and Retractions
The Secretary of Homeland Security is required to submit an annual report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs. This report must contain information on the number of identities, disaggregated by United States persons and non-United States persons, that were referred for corrections or retractions pursuant to this section. It must also include the number of nominations that were subsequently recalled or reissued as a result of these referrals.