Terrorist Watchlist Data Accuracy and Transparency Act

Bill Number

H.R. 4971

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Armed Forces and National Security

Status

Introduced

Latest Action

2025-08-18: Referred to the Subcommittee on Counterterrorism and Intelligence.

Last Updated

2026-07-09T13:27:22Z

AI-Generated Summary

Purpose

The legislation, titled the "Terrorist Watchlist Data Accuracy and Transparency Act," aims to enhance the reliability and oversight of nominations made by the Department of Homeland Security (DHS) for inclusion in the terrorist watchlist and related terrorism databases. It seeks to minimize errors in screening information, ensuring that nominations are accurate and meet established criteria before and after submission.

Key Provisions

• Quality Assurance Reviews: Before submitting an initial nomination of an individual to the FBI's Terrorist Screening Center (TSC) or the National Counterterrorism Center (NCTC), DHS must conduct a review to verify that all information in the nomination is error-free. The results of this review must be included in the submission.
• Annual Audits for U.S. Persons: Starting 90 days after enactment and annually thereafter, DHS (through its Under Secretary for Intelligence and Analysis) must audit all nominations of U.S. persons (U.S. citizens or permanent residents) on the watchlist or related databases. Each audit checks for errors and confirms ongoing compliance with watchlisting criteria outlined in the Watchlisting Advisory Council's guidance.
• Random Audits: Starting 90 days after enactment and monthly thereafter, DHS must implement a random audit program reviewing nominations of all individuals (not just U.S. persons) to check for errors and criteria compliance.
• Corrections and Retractions: If audits identify issues, DHS must notify TSC and NCTC within 24 hours and request corrections or retractions if needed. If no action is taken within 30 days, DHS must consult with the FBI or NCTC directors to discuss their decisions.
• Reporting to Congress: DHS must submit an annual report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs. The report details the number of identities (separated by U.S. persons and non-U.S. persons) referred for corrections or retractions, and the number of nominations recalled or reissued as a result.
• Definitions: Key terms include "terrorist watchlist" (referring to the terrorist screening database), "other terrorism databases" (such as the Terrorist Identities Datamart Environment), and "U.S. person" (U.S. citizens or permanent residents).

The bill amends Subtitle A of Title II of the Homeland Security Act of 2002 by adding a new Section 210H and updates the table of contents accordingly.

Significant Changes to Existing Law

This act introduces mandatory pre-submission quality assurance reviews, which were not previously required for DHS nominations. It also establishes new annual and random audit requirements specifically for watchlist and database nominations, along with timelines for notifications, corrections, and congressional reporting. These changes build on existing watchlisting processes by adding layers of internal DHS oversight and inter-agency accountability, without altering the core criteria for inclusion.

Potential Impacts

• On Government Agencies: DHS will face increased administrative burdens from reviews, audits, and reporting, potentially improving coordination with the FBI and NCTC. This could lead to more efficient error resolution but may strain resources in the short term.
• On Citizens: U.S. persons (and potentially others) could benefit from reduced risks of erroneous watchlist placements, which might otherwise lead to travel restrictions (e.g., via the No Fly List or Selectee List) or other disruptions. Enhanced accuracy may help address wrongful inclusions more quickly.
• On International Relations: The focus is primarily domestic, but improved data accuracy could indirectly enhance U.S. credibility in global counterterrorism efforts by reducing mishandled nominations of foreign nationals. No direct impacts on international agreements are specified.

Main Stakeholders Affected

• Government Entities: DHS (especially its Intelligence and Analysis office), FBI's Terrorist Screening Center, and National Counterterrorism Center, as they handle nominations and must respond to correction requests.
• U.S. Congress: Committees on Homeland Security, which receive annual reports and can oversee implementation.
• Individuals: U.S. persons and non-U.S. persons nominated for watchlists, including travelers affected by subsets like the No Fly List (prohibits air travel) or Selectee List (requires additional screening).
• Broader Public: Civil liberties groups and travelers who may experience indirect benefits from more accurate screening processes.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The act promotes procedural fairness by mandating error checks and correction mechanisms, potentially strengthening challenges to watchlist inclusions under administrative law. It does not create new rights to appeal but facilitates quicker fixes, which could reduce litigation over inaccurate data.
• Constitutional Implications: By emphasizing accuracy for U.S. persons, it indirectly supports due process protections under the Fifth Amendment, addressing concerns about arbitrary government actions that infringe on travel freedoms. No explicit constitutional changes are made.
• Political Implications: The legislation enhances transparency and accountability in national security operations, which could appeal to bipartisan interests in balancing security with civil liberties. It may invite scrutiny of watchlist effectiveness during congressional oversight, without altering broader counterterrorism policies.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Thompson, Bennie G. [D-MS-2]

Recent Actions

• 2025-08-18: Referred to the Subcommittee on Counterterrorism and Intelligence.
• 2025-08-15: Referred to the House Committee on Homeland Security.
• 2025-08-15: Introduced in House
• 2025-08-15: Introduced in House

Bill Versions

• Terrorist Watchlist Data Accuracy and Transparency Act — issued 2025-08-15 — PDF (7 pages)