(A) IN GENERAL.—A violation of this sec-
tion constitutes an injury to any individual ag-
grieved by a violation of this Act. 
(B) RIGHT
TO
SUE.—An individual de-
scribed in subparagraph (A) may institute pro-
ceedings against the Federal Government whose 
official is alleged to have violated this section 
for the relief described in subparagraph (D) in 
any court of competent jurisdiction. 
(C) ENFORCEMENT BY STATE ATTORNEYS 
GENERAL.—The chief law enforcement officer 
of a State, or any other State officer authorized 
by law to bring actions on behalf of the resi-
dents of a State, may bring a civil action, as 
parens patriae, on behalf of the residents of 
that State in an appropriate district court of 
the United States to enforce this Act, whenever 
the chief law enforcement officer or other State 
officer has reason to believe that the interests 
of the residents of the State have been or are 
being threatened or adversely affected by a vio-
lation of this Act. 
(D) RELIEF.—In a civil action brought 
under subparagraph (B) in which the plaintiff 
prevails, the court may award— 
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(i) actual damages; 
(ii) punitive damages; 
(iii) reasonable attorneys’ fees and 
costs; and 
(iv) any other relief, including injunc-
tive relief, that the court determines to be 
appropriate. 
(d) CIVIL PENALTIES.—Any Federal official who is 
found to have violated this section may be subject to re-
training, suspension, termination, or any other penalty, as 
determined in an appropriate tribunal, subject to applica-
ble due process requirements. 
(e) FEDERAL FUNDING.— 
(1) IN GENERAL.—No Federal funds may be 
obligated or expended by a Federal law enforcement 
agency for the purchase or use of a biometric sur-
veillance system. 
(2) UNALLOCATED FUNDS.—No Federal agency 
may use any unallocated funds appropriated to the 
agency for the purchase or use of a biometric sur-
veillance system. 
(f) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
(1) to prohibit the National Institute of Stand-
ards and Technology (NIST) from testing or re-
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searching biometric surveillance systems or other re-
mote biometric recognition technologies in commer-
cial use; or 
(2) to preempt or supersede any Federal, State, 
or local law that imposes a more stringent limitation 
than the limitations described in this section. 
SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT 
USE OF BIOMETRIC SURVEILLANCE SYSTEMS. 
(a) FEDERAL FINANCIAL ASSISTANCE.—Beginning 
on the first day of the first fiscal year beginning after the 
date of the enactment of this Act, a State or unit of local 
government is ineligible to receive Federal financial assist-
ance under the Byrne grant program unless the State or 
unit of local government is complying with a law or policy 
that is substantially similar to the prohibition set forth 
in section 3(a). 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preempt or supersede any Fed-
eral, State, or local law that imposes a more stringent lim-
itation than the prohibition set forth in section 3(a). 
Æ 
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