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S. 4915IntroducedSenate · nowHousePresidentLawIn committee
Sec. 5 · S. 4915

Enforcement by States

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(a) Civil action If the attorney general of a State has reason to believe that an interest of the residents of that State has been or may be adversely affected by a violation of section 3(a), the attorney general of the State may bring a civil action in the name of the State, or as parens patriae on behalf of the residents of the State, in an appropriate district court of the United States. (b) Relief (1) In general In a civil action brought under subsection (a), the court may award relief in accordance with section 4(c). (2) Duplicative awards No compensatory damages may be awarded under this section if compensatory damages have been awarded under section 4 or 6 against the same defendant for the same conduct. (c) Rights of Attorney General and Commission (1) In general Except as provided in paragraph (4), the attorney general of a State shall notify the Attorney General of the United States and the Commission in writing prior to initiating a civil action under subsection (a). (2) Contents The notification required by paragraph (1) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (3) Intervention Upon receiving a notification under paragraph (1), the Attorney General may intervene in the civil action in accordance with subsection (e). (4) Exception If it is not feasible for the attorney general of a State to provide the notification required by paragraph (1) before initiating a civil action under subsection (a), the attorney general of the State shall notify the Attorney General of the United States and the Commission immediately upon instituting the civil action. (d) Actions by Attorney General If the Attorney General of the United States institutes a civil action under section 4(a) for a violation of section 3(a), no attorney general of a State may, during the pendency of the civil action, institute a civil action against any defendant named in the complaint in the civil action instituted by the Attorney General of the United States for a violation of section 3(a) that is alleged in the complaint. (e) Intervention by Attorney General The Attorney General of the United States may intervene in any civil action brought by the attorney general of a State under subsection (a) as a matter of right pursuant to the Federal Rules of Civil Procedure, and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action. (f) Investigatory powers Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary or other evidence. (g) Actions by other State officials (1) In general In addition to civil actions brought by an attorney general of a State under subsection (a), any other officer of a State who is authorized by the State to do so may bring a civil action in the same manner, subject to the same requirements and limitations that apply under this section to civil actions brought by an attorney general of a State. (2) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

Sec. 5: Enforcement by States · Public Law Tracker