DHS Surveillance Technology Moratorium Act of 2026

Congress possesses the constitutional authority to regulate federal contracts and control expenditures through its power of the purse. Imposing a temporary moratorium on certain DHS contracts pending public audits and reporting requirements is a legitimate exercise of Congress's oversight and appropriations powers. This measure is consistent with Article I, Section 9, Clause 7, which requires appropriations for all expenditures, and Article I, Section 8, Clause 18, which grants Congress the power to make laws necessary and proper for executing its enumerated powers. As argued in Federalist No.…

This bill imposes a moratorium on certain federal contracts, which is a proper exercise of Congress's power to regulate the executive branch's expenditures and operations under Article I, Section 8, Clause 18 (the Necessary and Proper Clause). Moreover, by requiring public audits and reporting on surveillance and data analytics technologies, the bill serves to protect the Fourth Amendment's guarantee against unreasonable searches and seizures, as well as the Tenth Amendment's reservation of unenumerated powers to the states and the people. It does not expand federal authority but rather checks…

The power of Congress to regulate the expenditure of public funds and to prescribe conditions on the use of appropriated moneys is inherent in its legislative authority, particularly through the power of the purse granted in Article I. A moratorium on contracts for surveillance and data analytics touches upon the regulation of executive branch operations, which is permissible where Congress is exercising its enumerated powers. However, such a measure must not violate the separation of powers by interfering with the President's constitutional duty to execute the laws faithfully (Article II, Sec…

This bill is a proper exercise of Congress's power under Article I, Section 8 to regulate the expenditure of public funds and to make all laws necessary and proper for executing its enumerated powers. The moratorium on certain contracts, pending public audits and reporting, is a legitimate means of ensuring accountability and transparency in the use of taxpayer money. It does not usurp the executive's constitutional authority to execute the laws, but rather imposes conditions on the appropriation of funds, a power long recognized as belonging to Congress. As held in McCulloch v. Maryland, the …