; or (2) the Administrator (in his or her capacity as the Administrator), if the Administrator fails to perform an act or duty to ensure the safety of food that is not discretionary under the food safety law. (b) Court (1) In general The action shall be commenced in the United States district court for the district in which the defendant resides, is found, or has an agent. (2) Jurisdiction The court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce a regulation (including a regulation establishing a performance standard), order, or other action of the Administrator, or to order the Administrator to perform the act or duty. (3) Damages The court may— (A) award damages, in the amount of damages actually sustained