123STA T . 2 75PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9feasibl e , i nwh i c h case t he S tate shall se rv es u chn o tice i m me -d iatel y u p on institutin g such action .T he Secretary shall have the right —‘ ‘ (A) to intervene in the action
‘‘( B ) upon so intervening, to be heard on all matters arising therein; and ‘‘( C ) to file petitions for appeal. ‘‘( 5 )C ONSTRUC T I ON.— F or purposes of bringing any civil action under paragraph ( 1 ), nothing in this section shall be construed to prevent an attorney general of a State from e x er- cising the powers conferred on the attorney general by the laws of that State. ‘‘( 6 ) VE NUE; SER V ICE O FP ROCESS.— ‘‘(A) VENUE.—Any action brought under paragraph (1) may be brought in the district court of the U nited States that meets applicable re q uirements relating to venue under section 1 39 1 of title 28 , United States Code. ‘‘(B) SERVICE OF PROCESS.— I n an action brought under paragraph (1), process may be served in any district in which the defendant— ‘‘(i) is an inhabitant; or ‘‘(ii) maintains a physical place of business. ‘‘( 7 ) L I M IT A TION ON STATE ACTION WH I L EFE D ERAL ACTION IS PENDIN G .—If the Secretary has instituted an action against a person under subsection (a) with respect to a specific violation of this part, no State attorney general may bring an action under this subsection against the person with respect to such violation during the pendency of that action. ‘‘(8) APPLICATION OF CMP STATUTE OF LIMITATION.—A civil action may not be instituted with respect to a violation of this part unless an action to impose a civil money penalty may be instituted under subsection (a) with respect to such violation consistent with the second sentence of section 1128A(c)(1). ’ ’. (2) CONFORMING AMENDMENTS.—Subsection (b) of such sec- tion, as amended by subsection (d)(3), is amended— (A) in paragraph (1), by stri k ing ‘‘A penalty may not be imposed under subsection (a)’’ and inserting ‘‘ N o penalty may be imposed under subsection (a) and no damages obtained under subsection (d)’’; (B) in paragraph (2)(A)— (i) after ‘‘subsection (a)(1)(C),’’, by striking ‘‘a pen- alty may not be imposed under subsection (a)’’ and inserting ‘‘no penalty may be imposed under subsection (a) and no damages obtained under subsection (d)’’; and (ii) in clause (ii), by inserting ‘‘or damages’’ after ‘‘the penalty’’; (C) in paragraph (2)(B)(i), by striking ‘‘The period’’ and inserting ‘‘ W ith respect to the imposition of a penalty by the Secretary under subsection (a), the period’’; and ( D ) in paragraph (3), by inserting ‘‘and any damages under subsection (d)’’ after ‘‘any penalty under subsection (a)’’. (3) E FFECTIVE DATE.—The amendments made by this sub- section shall apply to violations occurring after the date of the enactment of this Act.
