What does Preamble of DHS Surveillance Technology Moratorium Act of 2026 do?

This bill, formally titled '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,' aims to establish a moratorium. The moratorium applies to certain Department of Homeland Security contracts. The moratorium is pending public audits and reporting requirements.

What does SHORT TITLE. of DHS Surveillance Technology Moratorium Act of 2026 do?

This bill is formally titled the DHS Surveillance Technology Moratorium Act of 2026.

What does DEFINITIONS. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section defines key terms used within the Act. A 'covered contract' is defined as any contract relating to 'covered surveillance technology' and its use by the Department of Homeland Security (DHS) for identifying, locating, or tracking individuals or supporting immigration enforcement. 'Covered surveillance technology' includes technology used by DHS that collects personal information and is used to support or inform immigration enforcement operations. Examples of 'covered surveillance technology' include facial recognition, social media monitoring, cellphone location tracking, and predictive analytics. The term 'Secretary' refers to the Secretary of Homeland Security.

What does MORATORIUM OF COVERED CONTRACTS. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section establishes a moratorium on certain contract actions related to 'covered contracts' within the Department of Homeland Security (DHS). The moratorium prevents the obligation or expenditure of DHS funds for new awards, renewals, extensions, options, or modifications of covered contracts until requirements outlined in section 4 are met. The moratorium applies to contracts entered into by specific DHS agencies, including U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services, as well as other components deemed appropriate by the Secretary. Existing covered contracts in effect at the time of enactment are not required to be terminated immediately. The Secretary of DHS can waive the moratorium on a case-by-case basis if they certify that the contract is necessary to address an imminent act of violence or a specific national security threat. Any waiver requires a detailed written justification submitted to Congress within seven days of issuance.

What does REQUIRED AUDIT AND REVIEW. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section mandates an audit and review of surveillance technologies used by the Department of Homeland Security. The Inspector General of the Department of Homeland Security is responsible for conducting this audit, in coordination with the Department's Privacy Office and the Office for Civil Rights and Civil Liberties. The audit must be completed within 180 days of the Act's enactment. The review must examine various aspects of data collection, including categories, sources, and whether data relating to U.S. citizens is involved. Specific technologies like facial recognition and the use of commercial data brokers are to be examined. The audit will also assess data retention and deletion practices, contractor access to data, and privacy/civil liberties impacts. The review must consider the use of technologies in connection with lawful protest, immigration enforcement, and the accuracy of predictive systems. Compliance with Federal privacy and civil liberties laws is also a required element of the audit.

What does PUBLIC REPORTING REQUIREMENTS. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section establishes public reporting requirements related to surveillance technologies used by the Department of Homeland Security (DHS). The Secretary must publish an unclassified, publicly available report within 60 days of completing an audit and review. The report must include a list of covered surveillance technologies, the names of contractors providing them, and descriptions of their capabilities and purposes. The report must also detail privacy and civil liberties impact assessments, impacts on civil immigration enforcement, data sources, and policies governing information retention, sharing, and deletion. Information sharing agreements between DHS and other federal agencies, state/local/tribal governments, and private sector entities must be described. Redactions are limited to information that would create a specific and identifiable harm to national security and must be accompanied by a written justification reviewed by the DHS Inspector General.

What does CONDITIONS FOR END OF MORATORIUM. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section outlines the conditions for the termination of a moratorium established in section 3. The moratorium will end after the completion of an audit required by section 4. The moratorium will also end after the publication of a public report required by section 5. Additionally, the moratorium will terminate 90 days after the Secretary submits a report to Congress. The Secretary's report to Congress must specify the Department of Homeland Security's implementation of safeguards. The report must also detail the legal authorities used for covered surveillance technologies. Finally, the report must include internal records related to the authorization and governance of covered surveillance technologies.

What does ANNUAL REPORTING AFTER MORATORIUM. of DHS Surveillance Technology Moratorium Act of 2026 do?

This section establishes annual reporting requirements for the Department of Homeland Security (DHS) regarding its use of covered surveillance technologies. The Secretary of DHS must submit these reports to Congress and publish them on a publicly available website. Reports must include a list of covered surveillance technologies in use and the contractors providing them. The reports must also detail new contracts, changes to data policies, privacy/civil liberties incidents, and waivers issued. An assessment of continued compliance with constitutional, statutory, and privacy protections is required. Redactions are limited to information that would create a specific and identifiable harm to national security and must be justified and reviewed by the DHS Inspector General.

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DHS Surveillance Technology Moratorium Act of 2026

Last updated: 6/15/2026 · Introduced: 6/15/2026

Author: Daniel Goldman (D-NY)

TL;DR (AI)

This bill places a moratorium on new Department of Homeland Security (DHS) contracts for surveillance technologies used to identify, locate, or track individuals, particularly in immigration enforcement.
The moratorium prevents DHS from obligating or spending funds on covered contracts until a comprehensive audit and review of existing surveillance technologies is completed.
An independent audit, conducted by the DHS Inspector General, will examine data collection practices, privacy impacts, and compliance with civil liberties laws related to these technologies.
DHS must publicly report details about covered surveillance technologies, including their capabilities, contractors, and data usage policies, with limited redactions.
The moratorium will end after the completion of the audit, publication of the public report, and submission of a report to Congress detailing safeguards and legal authorities.

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