19 USC 4012 - Relationship of the Agreement to United States and State law

U.S Code last checked for updates: Apr 24, 2024

§ 4012.

Relationship of the Agreement to United States and State law

(a)

Relationship of Agreement to United States law

(1)

United States law to prevail in conflict

No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.

(2)

Construction

Nothing in this chapter shall be construed—

(A)

to amend or modify any law of the United States, or

(B)

to limit any authority conferred under any law of the United States,

unless specifically provided for in this chapter.

(b)

Relationship of Agreement to State law

(1)

Legal challenge

(2)

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 remedies

No person other than the United States—

(1)

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; 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 ground that such action or inaction is inconsistent with the Agreement.

(Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)

cite as: 19 USC 4012