This bill mandates new quality assurance reviews, annual checks, and random audits by the Department of Homeland Security for all nominations to the terrorist watchlist to ensure data accuracy and timely correction of errors.
Bennie Thompson
Representative
MS-2
The Terrorist Watchlist Data Accuracy and Transparency Act mandates rigorous quality assurance reviews by the Department of Homeland Security (DHS) before and after submitting names to terrorist watchlists. This legislation requires annual checks and random audits of DHS nominations, particularly for U.S. persons, to ensure data accuracy and proper inclusion criteria. If errors are found, DHS must promptly request corrections from the FBI or NCTC and report annually to Congress on the process.
The newly proposed Terrorist Watchlist Data Accuracy and Transparency Act aims to fix one of the most frustrating security nightmares: being mistakenly placed on a federal watchlist, like the No Fly List. This bill doesn’t change who qualifies for the list, but it radically overhauls the quality control process for nominations coming from the Department of Homeland Security (DHS), making accuracy checks mandatory and routine.
Currently, when DHS wants to add a name to the FBI’s Terrorist Screening Center database (the main watchlist), they send the information over. This bill adds a crucial step: The Secretary of Homeland Security must personally review every single new nomination to ensure the data is “completely free from errors” before it’s submitted (SEC. 2). Think of it like a mandatory final sign-off from the top boss confirming the paperwork is perfect before it leaves the building. This is a big deal because it puts the responsibility for data integrity directly on DHS before the name ever hits the shared federal database.
For anyone concerned about getting flagged by mistake—especially U.S. citizens and permanent residents—this bill introduces two major, ongoing safeguards. First, within 90 days of the law passing, DHS must begin an annual review of every U.S. person they have ever nominated to the watchlist. This review isn't just checking for typos; it confirms the information is still error-free and that the person still meets the official criteria for being on the list (SEC. 2). Second, the bill mandates a monthly random audit program checking both U.S. and non-U.S. person nominations to ensure ongoing accuracy. This means the lists won't just sit there gathering dust; they’ll be constantly scrubbed for bad data.
If DHS finds an error during these annual or monthly checks—say, they realize they mixed up two people with similar names, or the intelligence used is no longer valid—they can’t just shrug. The bill requires DHS to notify the FBI’s Terrorist Screening Center and the National Counterterrorism Center (NCTC) within 24 hours and request the record be corrected or removed. If 30 days pass and the FBI or NCTC hasn't made the change, the Secretary must immediately escalate the issue and discuss the justification for the delay (SEC. 2). This 24-hour notification window and the mandatory 30-day follow-up are designed to prevent people from being stuck in administrative limbo for months or years due to a simple error.
For the average person, especially those who travel frequently, this bill should mean a significant drop in the number of false positives—the kind of mix-ups that lead to extra screening, missed flights, or being detained at the border. If you’re a U.S. citizen who has previously been wrongly flagged, the annual review guarantees that your record will be scrutinized and corrected if necessary, without you having to file a complaint or hire a lawyer. While this is a huge win for due process and civil liberties, it will also mean a substantial increase in administrative workload for DHS personnel and the downstream agencies like the FBI and NCTC, who now face strict deadlines for processing these correction requests.