Page:United States Statutes at Large Volume 107 Part 3.djvu/125

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2063 States positions regarding matters referred to in clause x (ii);ana (v) the States will be involved (including involvement through the inclusion of appropriate representatives of the States) to the greatest extent practicable at each stage of the development of United States positions regarding matters referred to in clause (ii) that will be addressed by committees, subcommittees, or working igroups established under the Agreement or through dispute settlement processes provided for under the Agreement. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Federal-State consultation process established by this paragraph. (2) LEGAL CHALI-ENGE.— NO State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid. (3) DEFINITION OF STATE LAW. —For purposes of this subsection, the term "State law" includes— (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business ^ of insurance. (c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM- EDIES.—No person other than the United States— (1) shall have any cause of action or defense under— (A) the A^i^ement or by virtue of Congressional approval thereof, or (B) the North American Agreement on Environmental Cooperation or the North American Agreement on Labor Cooperation; or (2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the groimd that such action or inaction is inconsistent with the Agreement, the North /^erican Agreement on Environmental Cooperation, or the North American Agreement on Labor Cooperation. SEC. 103. CONSULTATION AND LAYOVER REQUIREMENTS FOR, AND 19 USC 3313. EFFECTIVE DATE OF, PROCLAIMED ACTIONS. (a) CONSULTATION ANiD LAYOVER REQUIREMENTS. — If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if— (1) the President has obtained advice regarding the proposed action from— (A) the appropriate advisory committees established under section 135 of the Trade Act of 1974, and (B) the International Trade Commission; (2) the President has submitted a report to the Committee Reports. on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth—