DHS Surveillance Technology Moratorium Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9314 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9314

   To enact a moratorium on certain Department of Homeland Security
 contracts relating to the use and implementation of surveillance and
    data analytics technologies pending public audits and reporting
                 requirements, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2026

Mr. Goldman of New York (for himself, Ms. Velazquez, Ms. Clarke of New
  York, Mr. Thanedar, Mrs. Grijalva, Mr. Garcia of Illinois, and Ms.
Williams of Georgia) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
 Homeland Security, for a period to be subsequently determined by the
  Speaker, in each case for consideration of such provisions as fall
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

   To enact a moratorium on certain Department of Homeland Security
 contracts relating to the use and implementation of surveillance and
    data analytics technologies pending public audits and reporting
                 requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Surveillance Technology
Moratorium Act of 2026''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered contract.--The term ``covered contract'' means
        any contract or agreement relating to a covered surveillance
        technology and its use by the Department of Homeland Security
        to identify, locate, or otherwise track individuals or support
        or inform immigration enforcement operations.
            (2) Covered surveillance technology.--The term ``covered
        surveillance technology'' means any technology, software,
        platform, application, or service used by the Department of
        Homeland Security that--
                    (A) collects, aggregates, analyzes, retains, maps,
                predicts, or operationalizes personal information; and
                    (B) is used to identify, locate, track, or
                otherwise support or inform immigration enforcement
                operations, whether civil or criminal in nature,
                conducted by the Department, including technologies
                involving facial recognition technologies, social media
                monitoring, cellphone location tracking, geolocation
                analytics, predictive analytics, artificial
                Intelligence-assisted targeting, or integrated data
                aggregation platforms.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Homeland Security.

SEC. 3. MORATORIUM OF COVERED CONTRACTS.

    (a) In General.--Except as provided in subsection (d), no funds
appropriated or otherwise made available to the Department of Homeland
Security may be obligated or expended for--
            (1) the award of a new covered contract,
            (2) the renewal or extension of an existing covered
        contract,
            (3) the exercise of an option under a covered contract, or
            (4) the expansion or modification of a covered contract,
until the requirements under section 4 are fulfilled.
    (b) Applicability.--This section shall apply to all covered
contracts entered into by--
            (1) U.S. Immigration and Customs Enforcement;
            (2) U.S. Customs and Border Protection;
            (3) United States Citizenship and Immigration Services;
            (4) the Office of Intelligence and Analysis; and
            (5) any other Department of Homeland Security component
        determined appropriate by the Secretary.
    (c) Existing Operations.--Nothing in this Act may be construed to
require the immediate termination of an existing covered contract in
effect, or the use by the Department of Homeland Security of a covered
surveillance technology, as of the date of the enactment of this Act.
    (d) Exception.--
            (1) In general.--The Secretary may waive subsection (a) on
        a case-by-case basis if the Secretary certifies to Congress
        that the covered contract at issue is necessary to address--
                    (A) an imminent act of violence or specific,
                articulable threat to life or public safety; or
                    (B) a specific national security threat.
            (2) Waiver.--Any such waiver shall include a detailed
        written justification submitted to Congress not later than
        seven days after the issuance of such waiver.

SEC. 4. REQUIRED AUDIT AND REVIEW.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security, in coordination with the Department of Homeland
Security Privacy Office and the Office for Civil Rights and Civil
Liberties, shall conduct an audit and review of all covered
surveillance technologies used by the Department.
    (b) Required Contents.--The audit and review required under
subsection (a) shall examine--
            (1) the categories and sources of data collected, compiled,
        or aggregated;
            (2) whether data relating to United States citizens is
        collected, retained, or analyzed;
            (3) the use of facial recognition technologies;
            (4) the use of commercial data brokers or telemetry data;
            (5) data retention and deletion practices;
            (6) contractor access to Federal Government data;
            (7) privacy and civil liberties impacts;
            (8) the use of technologies and information collected in
        connection with lawful protest, assembly, or protected speech;
            (9) the use of technologies and information collected in
        connection with immigration enforcement operations;
            (10) the accuracy and reliability of predictive or
        probabilistic systems; and
            (11) compliance with applicable Federal privacy and civil
        liberties laws.

SEC. 5. PUBLIC REPORTING REQUIREMENTS.

    (a) Public Report.--Not later than 60 days after completion of the
audit and review required under section 4, the Secretary shall publish
an unclassified and publicly available report containing--
            (1) a list of all covered surveillance technologies
        currently used by Department of Homeland Security;
            (2) the names of all contractors providing such
        technologies;
            (3) a description of the capabilities and purposes of each
        such technology;
            (4) all privacy and civil liberties impact assessments
        relating to the use of such technologies;
            (5) an assessment of the impacts of the use of such
        technology on civil immigration enforcement operations;
            (6) all data sources used by such technologies;
            (7) all policies governing the retention, sharing, and
        deletion of collected information; and
            (8) a description of any agreements, policies, or practices
        that govern the sharing of information utilized by covered
        surveillance technologies between the Department of Homeland
        Security and--
                    (A) other Federal agencies;
                    (B) any State, local, Tribal, or territorial
                government; or
                    (C) any private sector entity.
    (b) Redactions.--Any redactions in the report required under
subsection (a) shall be limited solely to information the disclosure of
which would create a specific and identifiable harm to national
security. Any such redaction shall be accompanied by a written
justification relating thereto, and shall be reviewed by the Inspector
General of the Department of Homeland Security.

SEC. 6. CONDITIONS FOR END OF MORATORIUM.

    The moratorium under section 3 shall terminate only after the later
of--
            (1) the audit required under section 4 is completed;
            (2) the public report required under section 5 is
        published; and
            (3) the elapse of 90 days after the Secretary provides to
        Congress a report specifying--
                    (A) the implementation by the Department of
                Homeland Security of necessary safeguards to ensure
                compliance with all applicable constitutional,
                statutory, and privacy protections;
                    (B) the legal authorities relied upon by the
                Secretary for the procurement, deployment, and use of
                covered surveillance technologies; and
                    (C) all internal memoranda, policy directives, or
                guidance, and other records relied upon by the
                Department in authorizing or governing the use of
                covered surveillance technologies.

SEC. 7. ANNUAL REPORTING AFTER MORATORIUM.

    (a) In General.--Not later than one year after the termination of
the moratorium under section 3 and annually thereafter, the Secretary
shall submit to Congress and publish on a publicly available website of
the Department of Homeland Security an unclassified report on the
Department's use of covered surveillance technologies.
    (b) Required Contents.--Each report under subsection (a) shall
include the following:
            (1) A current list of all covered surveillance technologies
        in use, and an identification of the contractors providing from
        which such technologies have been procured.
            (2) Information relating to any new covered contracts
        entered into during the immediately preceding year.
            (3) A description of any changes to data retention,
        sharing, or deletion policies.
            (4) A summary of privacy and civil liberties incidents or
        complaints and the resolution of such incidents and complaints.
            (5) Information relating to any waivers issued under
        section 3(d) during the immediately preceding year.
            (6) An assessment of continued compliance with applicable
        constitutional, statutory, and privacy protections.
    (c) Redactions.--Any redactions in a report required under
subsection (a) shall be limited solely to information the disclosure of
which would create a specific and identifiable harm to national
security. Any such redaction shall be accompanied by a written
justification relating thereto, and shall be reviewed by the Inspector
General of the Department of Homeland Security.
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