Cybersecurity Policy Report, Bicameral Legislation Would Bar Federal Agencies’ Use of Biometric Tech, (Sep 28, 2026)
Organizations Mentioned:Color of Change
The federal government would be prohibited from using facial recognition and other biometric technologies under legislation introduced Friday in the House and Senate.
The Senate version of the Facial Recognition and Biometric Technology Moratorium Act (S.B. 5544, 119th Cong. (2026)) was introduced by Sen. Ed Markey (D., Mass) and is co-sponsored by Sens. Jeff Merkley (D., Ore.), Ron Wyden (D., Ore.), and Elizabeth Warren (D., Mass.).
Rep. Pramila Jayapal (D., Wash.) is sponsoring the House companion (HR 10563), which is co-sponsored by Reps. Rashida Tlaib (D., Mich.), Ayanna Pressley (D., Mass.), Greg Casar (D., Texas), Judy Chu (D., Calif.), Jim McGovern (D., Mass.), Eleanor Holmes Norton (D., D.C.), Delia Ramirez (D., Ill.), and Jan Schakowsky (D., Ill.).
The legislation would make it “unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States ... (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity,” according to its text.
The blanket prohibition on the use of biometric technology could be lifted piecemeal by Congress for agencies that describe, among other things, their “technology standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails,” the legislation says.
The provisions of the legislation would be enforceable by state attorneys general and private lawsuits. It would also withhold federal funds from states that use prohibited biometric technologies.
In a news release, the lawmakers criticized federal immigration agencies over their use of biometric technologies and cited reports “that Black, Brown, and Asian individuals are up to 100 times more likely to be misidentified by a facial recognition algorithm than white men.”
“Every American who values their right to privacy, stands against discrimination, and believes people are innocent until proven guilty should be concerned about facial recognition technology fueling a national surveillance state,” Sen. Merkley said. “Enacting a federal moratorium on this technology is critical to ensuring we can rein in inappropriate surveillance and protect our communities’ fundamental right to privacy.”
“We have to stop the constant, nonconsensual state of surveillance that we live in, and that starts with placing a moratorium on our government’s use of facial recognition technology,” Rep. Jayapal said. “Putting the brakes on this technology is necessary to protect civil rights and ensure public safety.”
The legislation was endorsed by the American Civil Liberties Union, Electronic Frontier Foundation, Fight for the Future, Leadership Conference on Civil and Human Rights, Color of Change, Access Now, Electronic Privacy Information Center, Free Press, Demand Progress, and UnidosUS.
Similar legislation introduced in the House and Senate in 2023, 2021, and 2020 failed to advance.
News: FederalLegislation DataPrivacy