DHS Surveillance Technology Moratorium Act of 2026
- Sponsor
- Rep. Goldman, Daniel S. [D-NY-10]
- Committees
- Homeland Security Committee (primary)
- Last action
- Jul 7, 2026
Bottom line
This bill aims to increase transparency and accountability regarding DHS's use of surveillance technologies by pausing new acquisitions and mandating public audits and reports.
What it actually does
This bill enacts a moratorium on new or expanded Department of Homeland Security (DHS) contracts for surveillance and data analytics technologies used to identify, locate, track individuals, or support immigration enforcement operations. The moratorium remains in effect until a comprehensive audit by the DHS Inspector General, a public report on these technologies, and a subsequent report to Congress on implemented safeguards are completed.
Proponents argue
Proponents argue that the bill is essential for protecting privacy and civil liberties, especially for vulnerable populations, by bringing much-needed oversight to DHS's expansive use of surveillance and data analytics. They contend that current practices lack transparency, potentially leading to misuse of data and discriminatory targeting, and that a moratorium is necessary to establish proper safeguards.
Opponents contend
Opponents might argue that the moratorium could hinder DHS's ability to effectively carry out its national security and border protection missions by delaying access to critical technologies. They may contend that existing oversight mechanisms are sufficient or that the bill's requirements are overly burdensome and could create operational gaps, potentially compromising public safety or national security.
The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core provisions within a short timeframe.
Section 3
Moratorium on DHS Surveillance Technology Contracts
This section prohibits the Department of Homeland Security (DHS) from awarding new contracts, renewing or extending existing ones, exercising options, or expanding/modifying contracts related to surveillance and data analytics technologies used for tracking individuals or supporting immigration enforcement. This pause remains in effect until a comprehensive audit and reporting requirements are fulfilled.
Supporters argue
Supporters argue this moratorium is crucial to prevent the unchecked expansion of surveillance capabilities by DHS, ensuring that privacy and civil liberties concerns are addressed before further deployment of potentially intrusive technologies.
Critics contend
Critics might contend that this moratorium could impede DHS's operational effectiveness, particularly in rapidly evolving threat landscapes, by preventing the agency from updating or acquiring necessary tools to secure borders or enforce immigration laws.
Tradeoffs
Balances the need for government agencies to utilize advanced technologies for security and enforcement against the imperative to protect individual privacy and civil liberties from potential overreach.
Section 3(d)
National Security and Public Safety Waiver
The Secretary of Homeland Security can waive the moratorium on a case-by-case basis if a covered contract is deemed necessary to address an imminent act of violence, a specific threat to life or public safety, or a specific national security threat. Any such waiver requires a detailed written justification to Congress within seven days.
Section 4
Comprehensive Audit of DHS Surveillance Technologies
Within 180 days of enactment, the DHS Inspector General, in collaboration with the DHS Privacy Office and Office for Civil Rights and Civil Liberties, must conduct a thorough audit of all covered surveillance technologies. This audit must examine data collection practices, use of facial recognition, commercial data brokers, data retention, contractor access, privacy/civil liberties impacts, use in protest/assembly, immigration enforcement, accuracy of predictive systems, and compliance with federal laws.
Section 5
Public Transparency Report on Surveillance Technologies
Within 60 days of the audit's completion, the Secretary of Homeland Security must publish an unclassified, publicly available report. This report must list all covered surveillance technologies, their contractors, capabilities, privacy/civil liberties impact assessments, data sources, data retention/sharing/deletion policies, and information sharing agreements with other entities. Redactions are limited to specific national security harm and require justification and IG review.
Section 6
Requirements for Lifting the Moratorium
The moratorium on covered contracts will only terminate after three conditions are met: the completion of the required audit, the publication of the public report, and the elapse of 90 days after the Secretary provides Congress with a report detailing implemented safeguards, legal authorities, and internal policies governing surveillance technologies.
Section 7
Ongoing Annual Reporting on Surveillance Technologies
After the moratorium is lifted, the Secretary must submit an annual unclassified report to Congress and publish it publicly. This report will include a current list of technologies and contractors, information on new contracts, changes to data policies, summaries of privacy/civil liberties incidents, details on any waivers issued, and an assessment of ongoing compliance with protections.