DHS Surveillance Technology Moratorium Act of 2026
- Bill Number
- H.R. 9314
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-15: 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.
- Last Updated
- 2026-07-07T08:05:45Z
AI-Generated Summary
DHS Surveillance Technology Moratorium Act of 2026 (H.R. 9314)
Purpose
This legislation establishes a temporary moratorium on certain Department of Homeland Security (DHS) contracts involving surveillance and data analytics technologies used for identifying, locating, or tracking individuals or supporting immigration enforcement. The moratorium remains in place until public audits and reporting requirements are completed, with the goal of increasing oversight and transparency.
Key Provisions
- Definitions:
- A covered contract includes any agreement related to surveillance technologies for tracking individuals or aiding immigration enforcement.
- Covered surveillance technology encompasses tools that collect, analyze, or operationalize personal data, such as facial recognition, social media monitoring, cellphone tracking, geolocation analytics, predictive analytics, artificial intelligence-assisted targeting, or data aggregation platforms.
- Moratorium: Prohibits the use of funds for new contracts, renewals, extensions, options, or modifications of covered contracts by specific DHS components (e.g., ICE, CBP, USCIS, Office of Intelligence and Analysis) until audit and reporting conditions are met.
- Exceptions: Allows the Secretary of Homeland Security to waive the moratorium on a case-by-case basis for imminent threats to life, public safety, or national security, with a required written justification to Congress within seven days.
- Audit and Review: Mandates the DHS Inspector General, in coordination with the Privacy Office and Office for Civil Rights and Civil Liberties, to conduct an audit within 180 days examining data sources, collection practices, privacy impacts, and compliance with laws.
- Public Reporting: Requires an unclassified public report within 60 days after the audit, detailing technologies in use, contractors, capabilities, privacy assessments, data sources, and sharing agreements, with limited redactions for national security.
- End of Moratorium: The pause ends only after the audit, public report, and a 90-day period following a detailed congressional report on safeguards and legal authorities.
- Annual Reporting: Requires yearly unclassified reports to Congress and the public after the moratorium, covering technology lists, new contracts, policy changes, incidents, waivers, and compliance.
Significant Changes to Existing Law
This bill introduces a new statutory moratorium on procurement and expansion of specific surveillance technologies by DHS, which does not currently exist in law. It adds mandatory public audits, reports, and transparency requirements for technologies previously subject to fewer public disclosure mandates. Existing contracts may continue without immediate termination.
Potential Impacts
- On Government Agencies: Limits DHS components' ability to procure or expand surveillance tools for immigration enforcement, potentially delaying operations until compliance is achieved; requires coordination among the Inspector General, privacy offices, and leadership.
- On Citizens: Increases public access to information on data collection practices, including impacts on U.S. citizens and protected activities like protests, which may enhance awareness of privacy risks.
- On International Relations: Could affect cross-border data sharing or enforcement collaborations if technology use is restricted, though the bill focuses primarily on domestic operations.
Main Stakeholders Affected
- DHS components, including ICE, CBP, USCIS, and the Office of Intelligence and Analysis.
- Technology contractors and data providers.
- The DHS Inspector General, Privacy Office, and Office for Civil Rights and Civil Liberties.
- Congress, which receives reports and waiver notifications.
- The general public and individuals subject to immigration enforcement, due to enhanced transparency on data practices.
Notable Legal, Constitutional, or Political Implications
The legislation emphasizes compliance with constitutional protections, federal privacy laws, and civil liberties standards in surveillance use. It highlights potential tensions between national security needs and oversight of data collection, with requirements for justifications on any redactions or waivers. The bill does not alter core legal authorities for enforcement but adds procedural hurdles for technology deployment.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Goldman, Daniel S. [D-NY-10]
Cosponsors (8)
Rep. Velázquez, Nydia M. [D-NY-7], Rep. Clarke, Yvette D. [D-NY-9], Rep. Thanedar, Shri [D-MI-13], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Williams, Nikema [D-GA-5], Rep. Cisneros, Gilbert Ray [D-CA-31], Rep. Tlaib, Rashida [D-MI-12]
Recent Actions
- 2026-06-15: 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.
- 2026-06-15: 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.
- 2026-06-15: Introduced in House
- 2026-06-15: Introduced in House
Bill Versions
- DHS Surveillance Technology Moratorium Act of 2026 — issued 2026-06-15 — PDF (9 pages)