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119-hr-10563119th CongressWALLET

Facial Recognition and Biometric Technology Moratorium Act of 2026

Sponsored By: Representative Jayapal, Pramila [D-WA-7]

Introduced

Summary

This bill would create a nationwide moratorium on biometric surveillance. It would stop federal agencies from acquiring or using facial recognition and other biometric systems and would withhold Byrne law‑enforcement grants from state or local governments that do not adopt similar bans.

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  • Federal agencies and officials would be barred from acquiring, possessing, accessing, or using biometric surveillance systems or information derived from them in the United States unless Congress passes a law that explicitly permits specific uses and sets accuracy, retention, audit, and civil rights safeguards. It would still allow National Institute of Standards and Technology testing and research.
  • State and local governments would be ineligible for Byrne grant program funds unless they adopt laws or policies substantially similar to the federal prohibition.
  • Individuals could sue the federal government for violations and most biometric information obtained in violation would be inadmissible in investigations and proceedings. Courts could award actual and punitive damages, attorneys' fees, and injunctive relief, states could sue as parens patriae, and federal officials could face retraining, suspension, or termination.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Federal biometric surveillance ban

If enacted, federal agencies and officials would be barred from acquiring, possessing, accessing, or using biometric surveillance systems in the United States. Federal law enforcement would not be able to obligate or spend federal funds to buy or use those systems. Congress could create narrow exceptions only by passing a law that spells out permitted uses, data rules, accuracy audits, and civil rights protections. The bill would also define covered technologies like facial, gait, and voice recognition and would exclude non-distance fingerprints or palmprints; NIST testing and research would still be allowed.

You could sue over biometric misuse

If enacted, individuals would be able to sue the federal government when a federal official used biometric information in violation of this bill. Courts could award actual and punitive damages, attorneys' fees, costs, and injunctive relief. Evidence obtained in violation generally could not be used by the federal government, except in court cases about the violation. State attorneys general could also sue on behalf of residents, and federal officials could face personnel penalties after due process.

Law enforcement grants tied to ban

If enacted, a State or local government would be ineligible for Byrne law-enforcement grants unless it has a law or policy substantially similar to the federal biometric ban. This rule would begin on the first day of the first fiscal year after the Act is enacted. Jurisdictions that keep or buy biometric surveillance systems could lose federal grant money.

Sponsors & CoSponsors

Sponsor

Jayapal, Pramila [D-WA-7]

WA • D

Cosponsors

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 9/24/2026

  • Rep. Pressley, Ayanna [D-MA-7]

    MA • D

    Sponsored 9/24/2026

  • Rep. Casar, Greg [D-TX-35]

    TX • D

    Sponsored 9/24/2026

  • Rep. Chu, Judy [D-CA-28]

    CA • D

    Sponsored 9/24/2026

  • Rep. McGovern, James P. [D-MA-2]

    MA • D

    Sponsored 9/24/2026

  • Del. Norton, Eleanor Holmes [D-DC-At Large]

    DC • D

    Sponsored 9/24/2026

  • Rep. Ramirez, Delia C. [D-IL-3]

    IL • D

    Sponsored 9/24/2026

  • Rep. Schakowsky, Janice D. [D-IL-9]

    IL • D

    Sponsored 9/24/2026

Roll Call Votes

No roll call votes available for this bill.

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