Congress moves to ban federal facial recognition without explicit authorization.

What it does

This bill prohibits the federal government from using facial recognition and other biometric surveillance systems unless Congress explicitly authorizes each use with detailed safeguards. It also withholds federal law-enforcement grants (Byrne grants) from state and local governments that use biometric surveillance without similar restrictions. Citizens can sue the federal government for violations and recover damages.

Why we flagged it

The bill's core mechanism is a prohibition on federal biometric surveillance paired with a conditional-funding restriction on state/local use. It is fundamentally a privacy and civil-liberties measure, not a market intervention or appropriation.

What the text implies

• The exception in subsection 3(b) allows Congress to authorize biometric surveillance if it meets detailed statutory criteria, meaning future legislation could override this moratorium if it includes the required safeguards—the bill does not permanently ban such use.
• State and local governments may face pressure to adopt 'substantially similar' prohibitions to retain Byrne grant funding, but the bill does not define 'substantially similar,' potentially creating litigation over compliance and grant eligibility.
• The private right of action and state attorney general enforcement mechanism may generate significant litigation, with uncertain outcomes depending on judicial interpretation of 'violation' and damages standards.
• NIST is explicitly permitted to test and research biometric systems, creating a carve-out for federal research that could inform future authorized uses.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill restricts government surveillance authority and creates enforceable private rights for citizens harmed by biometric surveillance, while requiring explicit congressional authorization and detailed safeguards before any federal use. State and local governments face financial incentives to adopt similar protections, expanding privacy rights across jurisdictions.

Named in the bill

Federal agencies, State and local governments, National Institute of Standards and Technology (NIST), Byrne grant program, Edward Byrne Memorial Justice Assistance Grant Program, Omnibus Crime Control and Safe Streets Act of 1968

Where it stands

8 cosponsors: 8 Democrats.

• Sep 24, 2026 — Introduced · Congress.gov: “Introduced in House”
• Sep 24, 2026 — Referred to House Committee on Oversight and Government Reform and House Committee on the Judiciary · Congress.gov: “Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government…”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.