Federal Facial Recognition & Biometric Technology Moratorium Act (2026)

United States — Facial Recognition and Biometric Technology Moratorium Act of 2026 Reintroduced (H.R. 10563) to Bar Federal Use of Facial, Voice and Gait Recognition (September 2026)
United States · H.R. 10563, 119th Cong. (2026) — Facial Recognition and Biometric Technology Moratorium Act of 2026

Status
Proposed / pending
Applies to
Federal agencies and officials; state and local governments seeking covered federal grants
Enforced by
Private plaintiffs; state attorneys general

Members of Congress reintroduced a bill that would ban federal agencies from using facial recognition and other biometric technologies such as voice and gait recognition; the ban could only be lifted by a new act of Congress. It would also cut off certain federal grants to state and local governments, including police, unless they adopt similar moratoria. People whose biometric data is used in violation of the law could sue, and state attorneys general could enforce it. The bill is a proposal and has not passed either chamber.

Who is protected: All people in the United States subject to federal biometric surveillance

Legal detail

Bicameral reintroduction announced 2026-09-25 by Reps. Jayapal, Tlaib, Pressley and Sens. Markey and Merkley (official release, source_url). House bill H.R. 10563, 'Facial Recognition and Biometric Technology Moratorium Act of 2026', received 2026-09-24 with 8 cosponsors (Quiver Quantitative). Provisions per the release: (1) prohibition on federal-entity use of facial recognition, liftable only by Act of Congress; (2) same for other biometric technologies incl. voice recognition, gait recognition and recognition of other immutable physical characteristics; (3) federal grant funding to state/local entities incl. law enforcement conditioned on enacting their own moratoria; (4) no federal dollars for biometric surveillance systems; (5) exclusion of biometric information obtained in violation of the Act from judicial proceedings; (6) private right of action and state AG enforcement; (7) states/localities may enact their own laws (no preemption). NOT ESTABLISHED: the Senate bill number; committee referral; specific grant programs affected; damages amounts and penalties for officials. Prior versions (2020-2023) are tracked in Federal facial recognition moratorium (died).

Key facts

JurisdictionUnited States
LevelFederal
CitationH.R. 10563, 119th Cong. (2026) — Facial Recognition and Biometric Technology Moratorium Act of 2026
Private right of actionYes, individuals can sue
PenaltiesPrivate right of action and state AG enforcement (per sponsor release); remedies not detailed in sources opened
Topicsbiometric data · facial recognition · police and surveillance AI · consumer data privacy · government use of AI
Bill textReps. Jayapal, Tlaib, Pressley and Sens. Markey, Merkley Reintroduce Legislation to Halt Government Use of Facial Recognition and Other Biometric Technology — Office of Rep. Pramila Jayapal

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