H.R. 9314

[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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