Facial Recognition and Biometric Technology Moratorium Act of 2026

Federal agencies and officials could not acquire, possess, access, or use biometric surveillance systems in the United States, or use information from a system operated by someone else, unless an act of Congress specifically authorizes it. The bill also bars federal law-enforcement agencies from using federal funds, including unallocated agency funds, to buy or use these systems.

Any congressional authorization would have to specify who may use the system, which biometric it may use, its purposes and prohibited uses, and rules for handling information. It would also have to address accuracy, audits, due process, privacy, free speech and association, and racial, gender, and religious equity.

States and local governments would be ineligible for Byrne grant program assistance unless they comply with a law or policy substantially similar to the bill’s federal-use prohibition. This condition would apply starting with the first fiscal year that begins after enactment.

People aggrieved by a violation could sue the federal government, and state officials could sue on behalf of residents. Courts could award damages, legal fees, costs, or other relief; federal officials who violate the prohibition could also face penalties, subject to due process.

The bill would not prevent NIST from testing or researching biometric technologies in commercial use, and it would not override laws that impose stricter limits.