H.R. 10563 — Facial Recognition and Biometric Technology Moratorium Act of 2026

This section establishes definitions for the Act, including “biometric surveillance system” as any computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph; “facial recognition” as an automated or semi-automated process that identifies individuals or infers characteristics from facial features; “other biometric recognition” as similar processes using gait, voice, or other immutable characteristics ascertained from a distance (excluding fingerprints or palm prints); and related terms such as “Byrne grant program,” “Federal official,” and “in the United States.”

This section prohibits federal agencies and officials from acquiring, possessing, accessing, or using biometric surveillance systems or information derived from them in the United States, except pursuant to a specific Act of Congress that details permitted entities, biometric types, purposes, data retention and auditing standards, minimum accuracy rates by gender, skin color, and age, due process and equity protections, and compliance mechanisms. It renders information obtained in violation inadmissible in federal proceedings (except enforcement of this section), creates a private right of action and parens patriae suits by state attorneys general with actual and punitive damages, attorneys’ fees, and injunctive relief, subjects violating officials to retraining, suspension, or termination, and bars obligation or expenditure of federal funds for such systems by law enforcement agencies.

This section makes states and units of local government ineligible for Byrne grant program funding beginning in the first fiscal year after enactment unless they comply with a law or policy substantially similar to the prohibition in section 3(a). It preserves any Federal, State, or local laws that impose stricter limitations.