§378 — Title 15 Commerce and Trade | U.S. Code

Summary

Federal district courts can stop people from breaking this chapter and can order fair remedies, including money damages. The Attorney General must run and enforce the chapter. A State (through its attorney general), or a local government or Indian tribe that levies the covered tax (through its chief law enforcement officer), may sue in federal court to stop violations and get penalties, damages, injunctions, or other relief. That does not waive or change any sovereign immunity of a State, local government, or tribe. Those governments may also give evidence about violations by people they cannot directly enforce against to the Attorney General or a U.S. attorney, who must take appropriate action. Half of the federal criminal and civil penalties collected for enforcing the chapter must go into a Treasury account called the PACT Anti-Trafficking Fund. Of the amount the Attorney General can use from that fund, at least half must go to the Department of Justice offices that handled the case or investigation. Remedies here add to other federal, State, local, or tribal remedies and do not change officials’ rights to bring cases in their own courts. Holders of permits under 26 U.S.C. 5712 may sue in federal court (not against a State, local, or tribe) and must tell the Attorney General when they do. The Attorney General must publish enforcement information and report to Congress yearly, starting not later than 1 year after March 31, 2010, and each year until 5 years after March 31, 2010.

Title 15, §378

Commerce and Trade — Source: USLM XML via OLRC

(a)The United States district courts shall have jurisdiction to prevent and restrain violations of this chapter and to provide other appropriate injunctive or equitable relief, including money damages, for the violations.

(b)The Attorney General of the United States shall administer and enforce this chapter.

(c)(1)(A)A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to section 376a(a)(3) of this title, through its chief law enforcement officer, may bring an action in a United States district court to prevent and restrain violations of this chapter by any person or to obtain any other appropriate relief from any person for violations of this chapter, including civil penalties, money damages, and injunctive or other equitable relief.

(B)Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe.

(2)A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to section 376a(a)(3) of this title, through its chief law enforcement officer, may provide evidence of a violation of this chapter by any person not subject to State, local, or tribal government enforcement actions for violations of this chapter to the Attorney General of the United States or a United States attorney, who shall take appropriate actions to enforce this chapter.

(3)(A)There is established a separate account in the Treasury known as the “PACT Anti-Trafficking Fund”. Notwithstanding any other provision of law and subject to subparagraph (B), an amount equal to 50 percent of any criminal and civil penalties collected by the Federal Government in enforcing this chapter shall be transferred into the PACT Anti-Trafficking Fund and shall be available to the Attorney General of the United States for purposes of enforcing this chapter and other laws relating to contraband tobacco products.

(B)Of the amount available to the Attorney General of the United States under subparagraph (A), not less than 50 percent shall be made available only to the agencies and offices within the Department of Justice that were responsible for the enforcement actions in which the penalties concerned were imposed or for any underlying investigations.

(4)(A)The remedies available under this section and section 377 of this title are in addition to any other remedies available under Federal, State, local, tribal, or other law.

(B)Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.

(C)Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized Indian tribal government official to proceed in tribal court, or take other enforcement actions, on the basis of an alleged violation of tribal law.

(D)Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.

(d)Any person who holds a permit under section 5712 of title 26 (regarding permitting of manufacturers and importers of tobacco products and export warehouse proprietors) may bring an action in an appropriate United States district court to prevent and restrain violations of this chapter by any person other than a State, local, or tribal government.

(e)(1)Any person who commences a civil action under subsection (d) shall inform the Attorney General of the United States of the action.

(2)It is the sense of Congress that the attorney general of any State, or chief law enforcement officer of any locality or tribe, that commences a civil action under this section should inform the Attorney General of the United States of the action.

(f)(1)The Attorney General of the United States shall make available to the public, by posting information on the Internet and by other appropriate means, information regarding all enforcement actions brought by the United States, or reported to the Attorney General of the United States, under this section, including information regarding the resolution of the enforcement actions and how the Attorney General of the United States has responded to referrals of evidence of violations pursuant to subsection (c)(2).

(2)Not later than 1 year after March 31, 2010, and every year thereafter until the date that is 5 years after March 31, 2010, the Attorney General of the United States shall submit to Congress a report containing the information described in paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 378, act Oct. 19, 1949, ch. 699, § 4, as added Aug. 9, 1955, ch. 695, § 1, 69 Stat. 628, which provided U.S. district courts with jurisdiction to prevent and restrain violations of this chapter, was repealed, effective on the date that is 90 days after March 31, 2010, by Pub. L. 111–154, §§ 2(e), 6, Mar. 31, 2010, 124 Stat. 1101, 1110.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 90 days after March 31, 2010, see section 6 of Pub. L. 111–154, set out as an

Effective Date

of 2010 Amendment note under section 375 of this title.

§378 Enforcement

Summary

Title 15, §378

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata