and the timeframe for pursuing negotiations on any
other sector identified in the report; and
(2) for which sectors identified in any previous
report of the Secretary under section 2 the Trade
Representative will pursue negotiations, during the
6-month period described in paragraph (1), in cases
in which—
(A) negotiations were not previously pur-
sued by the Trade Representative, or
(B) negotiations that were pursued by the
Trade Representative did not result in the con-
clusion of an agreement or understanding de-
scribed in subsection (a) during the preceding
6-month period, but are expected to result in
such an agreement or understanding during the
6-month period described in paragraph (1).
For purposes of this Act, negotiations by the Trade Rep-
resentative with respect to a particular sector shall be for
a period of not more than 12 months.
(c) SEMIANNUAL REPORTS.—At the end of the 6-
month period beginning on the date on which the Sec-
retary’s first report is submitted under subsection (a)(1),
and every 6 months thereafter, the Trade Representative
shall submit to the Congress a report containing the fol-
lowing:
(1) With respect to each sector on which nego-
tiations described in subsection (b) were pursued
during that 6-month period—
(A) a determination of whether such nego-
tiations have resulted in the conclusion of an
agreement or understanding intended to obtain
the market access opportunities described in the
most recent applicable report of the Secretary,
and if not—
(i) whether such negotiations are con-
tinuing because they are expected to result
in such an agreement or understanding
during the succeeding 6-month period; or
(ii) whether such negotiations have
terminated;
(B) in the case of a positive determination
made under subparagraph (A)(i) in the preced-
ing report submitted under this subsection, a
determination of whether the continuing nego-
tiations have resulted in the conclusion of an
agreement or understanding described in sub-
paragraph (A) during that 6-month period.
(2) With respect to each sector on which nego-
tiations described in subsection (b) were not pursued
during that 6-month period, a determination of when
such negotiations will be pursued.
SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTAND-
INGS.
(a) IN GENERAL.—For the purpose of making the
assessments required by section 2(b)(1)(C), the Secretary
shall monitor the compliance with each agreement or un-
derstanding reached between the United States and Japan
pursuant to section 3, and with each existing trade agree-
ment between the United States and Japan. In making
each such assessment, the Secretary shall describe—
(1) the extent to which market access for the
sector covered by the agreement or understanding
has been achieved; and
(2) the bilateral trade relationship with Japan
in that sector.
In the case of agreements or understandings reached pur-
suant to section 3, the description under paragraph (1)
shall be done on the basis of the objective criteria set forth
in the applicable report under section 2(a)(2)(B) or
2(b)(1)(B).
(b) TREATMENT
OF AGREEMENTS
AND UNDER-
STANDINGS.—Any agreement or understanding reached
pursuant to negotiations conducted under this Act, and
each existing trade agreement between the United States
and Japan, shall be considered to be a trade agreement
for purposes of section 301 of the Trade Act of 1974.
SEC. 5. TRIGGERING OF SECTION 301 ACTIONS.
(a) DETERMINATIONS
BY
TRADE
REPRESENTA-
TIVE.—
(1) FAILURE TO CONCLUDE AGREEMENTS.—In
any case in which the Trade Representative deter-
mines under section 3(c)(1) (A)(ii) or (B) that nego-
tiations have not resulted in the conclusion of an
agreement or understanding described in section
3(a), each barrier to access to the Japanese market
that was the subject of such negotiations shall, for
purposes of title III of the Trade Act of 1974, be
considered to be an act, policy, or practice deter-
mined under section 304 of that Act to be an act,
policy or practice that is unreasonable and discrimi-
natory and burdens or restricts United States com-
merce. The Trade Representative shall determine
what action to take under section 301(b) of that Act
in response to such act, policy, or practice.
(2) NONCOMPLIANCE
WITH
AGREEMENTS
OR
UNDERSTANDINGS.—In any case in which the Sec-
retary determines, in a report submitted under sec-
tion 2(b)(1), that Japan is not in material compli-
ance with—
(A) any agreement or understanding con-
cluded pursuant to negotiations conducted
under section 3, or
(B) any existing trade agreement between
the United States and Japan,
the Trade Representative shall determine what ac-
tion to take under section 301(a) of the Trade Act
of 1974. For purposes of section 301 of that Act, a
determination of noncompliance described in the pre-
ceding sentence shall be treated as a determination
made under section 304 of that Act.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) EXISTING
TRADE
AGREEMENT
BETWEEN
THE UNITED STATES AND JAPAN.—The term ‘‘exist-
ing trade agreement between the United States and
Japan’’ means any trade agreement that was en-
tered into between the United States and Japan be-
fore the date of the enactment of this Act and is in
effect on such date. Such term includes—
(A) the Arrangement Between the Govern-
ment of Japan and the Government of the
United States of America Concerning Trade in
Semiconductor Products, signed in 1986;