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S5544119th Congress

Facial Recognition and Biometric Technology Moratorium Act of 2026

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

This bill would impose a federal moratorium on biometric surveillance, banning most federal use of facial recognition and other biometric systems and tying Byrne grant eligibility to compliance. It would allow only narrow, explicit exceptions set by Congress and preserves limited research and testing by the National Institute of Standards and Technology.

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  • Federal agencies and officials would be prohibited from acquiring, possessing, accessing, or using biometric surveillance systems or information derived from them in the United States unless Congress authorizes specific uses and safeguards.
  • States and local governments would become ineligible for Byrne grant funding unless they adopt laws or policies substantially similar to the federal prohibition, starting on the first day of the first fiscal year after enactment.
  • Individuals harmed by a violation, and state attorneys general acting for residents, could sue federal officials. Courts may award actual and punitive damages, attorneys’ fees, injunctive relief, and officials may face retraining, suspension, or termination.

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Bill Overview

Analyzed Economic Effects

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

New legal rights over biometric use

If enacted, individuals harmed by a federal biometric surveillance violation would be able to sue the federal government. State attorneys general or other authorized state officers could also bring suits on behalf of residents. Courts could award actual and punitive damages, reasonable attorneys' fees and costs, injunctive relief, and other relief. Biometric information obtained in violation of the bill would be inadmissible to the federal government, except in a court case about a violation of this Act. Federal officials found to have violated the prohibition could face retraining, suspension, termination, or other personnel penalties subject to due process.

Federal ban on biometric surveillance

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 agencies would not be allowed to obligate or spend federal funds, including unallocated agency funds, to buy or use those systems. Congress could only allow any federal use by passing a law that lists who may use it, what biometric type is allowed, the precise purposes, data management rules, and auditing and accuracy standards (including accuracy by gender, skin color, and age). The National Institute of Standards and Technology would still be able to test and research commercial biometric systems.

Byrne grants tied to biometric moratorium

If enacted, a State or local government would be ineligible for Byrne law-enforcement grants unless it has a law or policy substantially like this bill that bars biometric surveillance. This condition would take effect on the first day of the first fiscal year after enactment. The bill would not override any state or local law that is more restrictive than this bill. States and localities that keep using biometric systems would risk losing Byrne grant money, while jurisdictions that adopt bans would keep eligibility.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 9/24/2026

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 9/24/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 9/24/2026

Roll Call Votes

No roll call votes available for this bill.

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