Page:United States Statutes at Large Volume 116 Part 2.djvu/232

 116 STAT. 1014 PUBLIC LAW 107-210—AUG. 6, 2002 (IV) how the implementing bill meets the standards set forth in section 2103(b)(3); and (V) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 2102(c) regarding the promotion of certain priorities. (3) RECIPROCAL BENEFITS.— In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 2103(b) does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement. (4) DISCLOSURE OF COMMITMENTS. — Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that— (A) relates to a trade agreement with respect to which the Congress enacts an implementing bill under trade authorities procedures, and (B) is not disclosed to the Congress before an implementing bill with respect to that agreement is introduced in either House of Congress, shall not be considered to be part of the agreement approved by the Congress and shall have no force and effect under United States law or in any dispute settlement body. (b) LIMITATIONS ON TRADE AUTHORITIES PROCEDURES.— (1) FOR LACK OF NOTICE OR CONSULTATIONS. — (A) IN GENERAL.—The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 2103(b) if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements. (B) PROCEDURAL DISAPPROVAL RESOLUTION. —(i) For purposes of this paragraph, the term "procedural disapproval resolution" means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: "That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.", with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult.

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