Edward Markey (D-MA)
Facial Recognition and Biometric Technology Moratorium Act of 2026
A Democratic bill with 3 Democratic cosponsors · See all 3 cosponsors
Last activity — Read twice and referred to the Committee on the Judiciary.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
This bill is known as the Facial Recognition and Biometric Technology Moratorium Act of 2026. It makes it unlawful for the Federal Government to use biometric surveillance systems without explicit statutory authorization from Congress. The bill also stops Federal law enforcement agencies from spending funds on these surveillance systems. Additionally, State and local governments will lose out on certain Federal public safety grants unless they follow a policy or law that bans biometric surveillance. Finally, the bill allows individuals to sue the Federal Government if their rights under this act are violated.
Yes· 3 of 14
- Scored +8
Does this protect people from being watched or searched?
The legislation creates a private right of action for individuals harmed by federal biometric surveillance violations.
- Scored +7
Does this give people more control over their personal data?
The bill strongly protects personal privacy by banning unauthorized facial recognition and biometric tracking by government agencies.
- Scored +6
Does this change how police departments operate?
The legislation places strict moratoria on federal, state, and local law enforcement use of biometric surveillance technologies.
The opposite
- Scored -8
Does this give the government more power to monitor people inside the country?
The bill actively restricts and prohibits federal and state government entities from engaging in domestic biometric surveillance.
- Scored -3
Does this leave more decisions to the states?
Withholding federal public safety grants from states that do not ban biometric surveillance pressures local jurisdictions to adopt federal policy preferences.
Who it would affect, and how
Potential Positive Impacts for People
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Section 3(a): This section bans Federal agencies and officials from using biometric surveillance systems unless Congress explicitly allows it, which helps protect everyday people from government tracking.
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Section 3(c)(2): This gives individuals the right to sue the Federal Government if they are harmed by a violation of this act, allowing them to seek actual damages, punitive damages, and attorneys' fees.
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Section 3(e): This stops Federal law enforcement from spending taxpayer money to buy or use biometric surveillance systems.
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Section 4(a): This withholds Byrne grant program funds from State and local governments unless they have a law or policy that bans biometric surveillance.
Potential Negative Impacts for People
- Section 4(a): State and local governments that use biometric surveillance will lose out on Federal financial assistance through the Byrne grant program, which could reduce funding for local public safety programs.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Governance And Ideology
- Does this protect people from being watched or searched? — The legislation creates a private right of action for individuals harmed by federal biometric surveillance violations. Does this protect the right to fair treatment by the courts? — The bill prevents the federal government from admitting information obtained through unlawful biometric surveillance in legal proceedings. Does this make what the government does easier for the public to see? — The bill requires explicit congressional statutory authorization for any future deployment of biometric surveillance by federal agencies. Does this give the federal government more power? — The bill conditions federal Byrne grant program funding on state and local compliance with biometric surveillance bans. Does this leave more decisions to the states? — Withholding federal public safety grants from states that do not ban biometric surveillance pressures local jurisdictions to adopt federal policy preferences.
- Social Issues And Justice
- Does this change how police departments operate? — The legislation places strict moratoria on federal, state, and local law enforcement use of biometric surveillance technologies. Does this narrow racial gaps in how people are treated? — By banning biometric surveillance systems like facial recognition, the bill helps prevent discriminatory algorithmic bias against racial minorities. Does this expand the rights of people with disabilities? — The bill limits automated surveillance tools that can misidentify individuals based on physical characteristics or gait. Does this narrow the gap between how men and women are treated? — Restricting facial recognition technology helps protect individuals from biased surveillance outcomes that disproportionately impact certain demographics.
- Demographic And Interest Groups
- Would Black Americans be better off under this? — Banning biased facial recognition technology helps protect African Americans from disproportionate misidentification and unwarranted surveillance. Would Hispanic Americans be better off under this? — Restrictions on biometric surveillance safeguard Hispanic communities from privacy abuses and algorithmic errors. Would immigrants be better off under this? — The bill restricts border zones and federal agencies from deploying unchecked biometric surveillance systems against individuals.
- Education And Technology
- Does this give people more control over their personal data? — The bill strongly protects personal privacy by banning unauthorized facial recognition and biometric tracking by government agencies. Does this put more rules on large technology companies? — The bill heavily restricts the acquisition and use of biometric surveillance technologies developed by tech companies.
- National Security And Foreign Policy
- Does this give the government more power to monitor people inside the country? — The bill actively restricts and prohibits federal and state government entities from engaging in domestic biometric surveillance.
- Economy And Finance
- Does this reduce what the federal government spends? — The bill stops federal law enforcement agencies from spending funds on biometric surveillance systems.
- 9/24/2026
- Read twice and referred to the Committee on the Judiciary.
- 3 Cosponsors added.
- Introduced in Senate
5 bills Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Jeff MerkleyDemocrat · Oregon
Ron WydenDemocrat · Oregon
Elizabeth WarrenDemocrat · Massachusetts