Page:United States Statutes at Large Volume 122.djvu/4854

 12 2 STA T .483 1 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 bringac i v i l ac t i o nonb eh al f of su ch resi d ents in a district court of the U nited S tates w ith a p propriate j urisdiction —‘ ‘ (A) to enjoin the conduct which violates this section ‘‘( B ) to enforce co m pliance with this section; ‘‘( C ) to obtain damages , restitution, or other compensa - tion, including civil penalties under section 402 (b); and ‘‘( D ) to obtain such other legal or e q uitable relief as the court ma y find appropriate . ‘‘(2) S ERVIC E;I NT ERVENTI O N.— ‘‘(A) P rior to filing a complaint under paragraph ( 1 ), the State shall serve a copy of the complaint upon the Attorney G eneral and upon the United States Attorney for the judicial district in which the complaint is to be filed. I n any case where such prior service is not feasible, the State shall serve the complaint on the Attorney General and the appropriate United States Attorney on the same day that the State ’ s complaint is filed in F ederal district court of the United States. Such proceedings shall be inde- pendent of, and not in lieu of, criminal prosecutions or any other proceedings under this title or any other laws of the United States. ‘‘(B) Upon receiving notice respecting a civil action pursuant to this section, the United States shall have the right to intervene in such action and, upon so intervening, to be heard on all matters arising therein, and to file petitions for appeal. ‘‘(C) Service of a State’s complaint on the United States as required in this paragraph shall be made in accord with the requirements of rule 4(i)(1) of the Federal R ule of Civil Procedure. ‘‘( 3 )PO W ER S CON F ERRE DBY ST A TE L AW.—For purposes of bringing any civil action under paragraph (1), nothing in this Act shall prevent an attorney general of a State from e x ercising the powers conferred on the attorney general of a State by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses of or the production of documentary or other evidence. ‘‘(4) V EN U E.—Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 13 9 1oftitle2 8, United States Code. Process in such action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ‘‘( 5 ) N O P RIVATE RI GH T OF ACTION.—No private right of action is created under this subsection. ‘‘( 6 ) L I M ITATION.—No civil action may be brought under paragraph (1) against— ‘‘(A) the United States; ‘‘(B) an Indian T ribe or tribal organi z ation, to the extent such tribe or tribal organization is lawfully carrying out a contract or compact under the Indian Self-Determina- tion and E ducation Assistance Act; or ‘‘(C) any employee of the United States or such Indian tribe or tribal organization, provided such agent or employee is acting in the usual course of business or Records.

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