Terrorist Watchlist Data Accuracy and Transparency Act
Summary
The Terrorist Watchlist Data Accuracy and Transparency Act aims to improve the accuracy and transparency of the Department of Homeland Security's (DHS) terrorism screening information. It mandates quality assurance reviews of nominations to the terrorist watchlist and other terrorism databases. The Act also requires annual and random audits of United States persons' nominations to ensure accuracy and continued justification for inclusion.
Expected Effects
This act will likely lead to more rigorous oversight of the terrorist watchlist and related databases. It will require DHS to implement procedures for correcting or retracting inaccurate records. This could reduce the number of individuals wrongly included on the watchlist, especially US citizens.
Potential Benefits
- Enhanced accuracy of terrorist watchlists, reducing the risk of misidentification.
- Increased transparency in the nomination process for inclusion in the watchlist.
- Regular audits to ensure continued justification for watchlist inclusion, particularly for U.S. persons.
- A mechanism for correcting or retracting inaccurate records in a timely manner.
- Improved consultation between DHS, FBI, and NCTC regarding watchlist corrections and retractions.
Potential Disadvantages
- Increased administrative burden and costs for the Department of Homeland Security.
- Potential delays in adding legitimate threats to the watchlist due to required reviews.
- Possible legal challenges related to due process and individual rights if errors persist.
- Risk of over-correction or retraction, potentially removing legitimate threats from the watchlist.
- The effectiveness of the act depends on the thoroughness and impartiality of the audits and reviews.
Constitutional Alignment
The Act aligns with constitutional principles by emphasizing due process and accuracy in government actions that affect individual liberties. While the Constitution does not explicitly address terrorist watchlists, the Fifth Amendment guarantees due process, which includes the right to be free from arbitrary government action. The Act's provisions for audits, corrections, and consultations aim to ensure that watchlist nominations are based on accurate information and that individuals are not unfairly targeted. The First Amendment's protection of freedom of speech and association could be implicated if individuals are placed on watchlists based on their political beliefs or affiliations, making the accuracy provisions of this bill important.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).