may be declared invalid as to any person or circumstance on the ground
that the provision or application is inconsistent with any of the
Uruguay Round Agreements, except in an action brought by the United
States for the purpose of declaring such law or application invalid.

(B) Procedures Governing Action. In any action described in subparagraph
(A) that is brought by the United States against a State or any
subdivision thereof

(i) a report of a dispute settlement panel or the Appellate Body
convened under the Dispute Settlement Understanding regarding the State
law, or the law of any political subdivision thereof, shall not be
considered as binding or otherwise accorded deference;

(ii) the United States shall have the burden of proving that the law
that is the subject of the action, or the application of that law, is
inconsistent with the agreement in question;

(iii) any State whose interests may be impaired or impeded in the action
shall have the unconditional right to intervene in the action as a
party, and the United States shall be entitled to amend its complaint to
include a claim or cross-claim concerning the law of a State that so
intervenes; and

(iv) any State law that is declared invalid shall not be deemed to have
been invalid in its application during any period before the court's
judgment becomes final and all timely appeals, including discretionary
review, of such judgment are exhausted.

(C) Reports to Congressional Committees. At least 30 days before the
United States brings an action described in subparagraph (A), the Trade
Representative shall provide a report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate-

(i) describing the proposed action;

(ii) describing efforts by the Trade Representative to resolve the
matter with the State concerned by other means; and

(iii) if the State law was the subject of consultations under the
Dispute Settlement Understanding, certifying that the Trade
Representative has substantially complied with the requirements of
paragraph (1)(C) in connection with the matter.

Following the submission of the report, and before the action is
brought, the Trade Representative shall consult with the committees
referred to in the preceding sentence concerning the matter.

(3) Definition of State Law. For purposes of this subsection-

(A) the term "State law" includes-

(i) any law of a political sub