Page:United States Statutes at Large Volume 124.djvu/1127

124 STAT. 1101 PUBLIC LAW 111–154—MAR. 31, 2010 section 2A(e) only if the violation is committed inten- tionally— ‘‘(i) as consideration for the receipt of, or as consid- eration for a promise or agreement to pay, anything of pecuniary value; or ‘‘(ii) for the purpose of assisting a delivery seller to violate, or otherwise evading compliance with, sec- tion 2A. ‘‘(B) OTHER LIMITATIONS.—No common carrier or inde- pendent delivery service shall be subject to civil penalties under paragraph (1) for a violation of section 2A(e) if— ‘‘(i) the common carrier or independent delivery service has implemented and enforces effective policies and practices for complying with that section; or ‘‘(ii) the violation consists of an employee of the common carrier or independent delivery service who physically receives and processes orders, picks up pack- ages, processes packages, or makes deliveries, taking actions that are outside the scope of employment of the employee, or that violate the implemented and enforced policies of the common carrier or independent delivery service described in clause (i).’’. (e) ENFORCEMENT.—The Jenkins Act is amended by striking section 4 and inserting the following: ‘‘SEC. 4. ENFORCEMENT. ‘‘(a) IN GENERAL.—The United States district courts shall have jurisdiction to prevent and restrain violations of this Act and to provide other appropriate injunctive or equitable relief, including money damages, for the violations. ‘‘(b) AUTHORITY OF THE ATTORNEY GENERAL.—The Attorney General of the United States shall administer and enforce this Act. ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCEMENT.— ‘‘(1) IN GENERAL.— ‘‘(A) STANDING.—A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to section 2A(a)(3), through its chief law enforce- ment officer, may bring an action in a United States district court to prevent and restrain violations of this Act by any person or to obtain any other appropriate relief from any person for violations of this Act, including civil pen- alties, money damages, and injunctive or other equitable relief. ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this Act shall be deemed to abrogate or constitute a waiver of any sov- ereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under this Act, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe. ‘‘(2) PROVISION OF INFORMATION.—A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to section 2A(a)(3), through its chief law enforcement officer, may provide evidence of a violation of this Act by any person not subject to State, local, or tribal government enforcement actions for violations of this Act to the Attorney General of the United States or a United States Courts. 15 USC 378.