S. 5544 — Facial Recognition and Biometric Technology Moratorium Act of 2026

This section defines terms used throughout the Act, including biometric surveillance system as any software performing facial or other biometric recognition in real time or on recordings; facial recognition as automated processes identifying individuals or inferring emotions from facial characteristics; other biometric recognition as processes using gait, voice, or immutable characteristics from a distance; and the Byrne grant program as the grant program under the Omnibus Crime Control and Safe Streets Act of 1968.

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. It creates an exception only for activities explicitly authorized by an Act of Congress that specifies permitted entities, biometric types, purposes, data management standards, accuracy audits by gender, skin color, and age, due process and equity protections, and compliance mechanisms. It bars admissibility of evidence obtained in violation, authorizes civil actions by aggrieved individuals and state attorneys general with remedies including actual and punitive damages, attorneys’ fees, and injunctive relief, imposes penalties on violating officials up to termination, and bars use of federal or unallocated funds by law enforcement agencies for such systems. It preserves NIST testing authority and does not preempt stricter laws.

This section makes states and units of local government ineligible for Byrne grant program funding unless they comply with a law or policy substantially similar to the prohibition on biometric surveillance systems in section 3(a), beginning the first fiscal year after enactment. It preserves any Federal, State, or local law imposing a more stringent limitation.