Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Fair Market Access Act of 1994''.

SEC. 2. REPORTS ON ACCESS TO JAPANESE MARKETS.

(a) Initial Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
Congress a report assessing the access to the Japanese market
of goods and services produced or originating in the United
States in each sector specifically identified in the Framework
Agreement.
(2) Contents of report.--The Secretary shall include in the
report under paragraph (1) the following:
(A) An assessment of the market access
opportunities that would be available in the Japanese
market for goods and services in each sector referred
to in paragraph (1) in the absence of barriers to
achieving access to such market in both the public and
private sectors in Japan. In making such assessment,
the Secretary shall consider the competitive position
of such goods and services in similarly developed
markets in other countries. Such assessment shall
specify the time periods within which such market
access opportunities should reasonably be expected to
be obtained.
(B) Objective criteria for measuring the extent to
which those market access opportunities described in
subparagraph (A) have been obtained. The development of
such objective criteria may include the use of interim
objective criteria to measure results on a periodic
basis, as appropriate.
(b) Subsequent Annual Reports.--
(1) In general.--Not later than the date which is 1 year
after the last day of the 90-day period referred to in
subsection (a)(1), and annually thereafter, the Secretary shall
submit to the Congress a report containing the following:
(A) An assessment of the market access
opportunities that would be available in the Japanese
market, for goods and services produced or originating
in the United States in those sectors selected by the
Secretary, in the absence of the barriers to achieving
access to such market in both the public and private
sectors in Japan. In making such assessment, the
Secretary shall consider the competitive position of
such goods and services in similarly developed markets
in other countries. Such assessment shall specify the
time periods within which such market access
opportunities should reasonably be expected to be
obtained.
(B) Objective criteria for measuring the extent to
which those market access opportunities described in
subparagraph (A) have been obtained. The development of
such objective criteria may include the use of interim
criteria described in subsection (a)(2)(B).
(C) An assessment of whether, and to what extent,
Japan has materially complied with--
(i) agreements and understandings reached
between the United States and Japan pursuant to
section 3, and
(ii) existing trade agreements between the
United States and Japan.
Such assessment shall include specific information on
the extent to which United States suppliers have
achieved additional access to the Japanese market and
the extent to which Japan has complied with other
commitments under such agreements and understandings.
(D) An assessment of the effect of the agreements
and understandings described in subparagraph (C) on the
access to the Japanese markets of goods and services
produced or originating in the United States.
(2) Selection of sectors.--In selecting sectors that are to
be the subject of a report under paragraph (1), the Secretary
shall give priority to those sectors--
(A) in which access to the Japanese market is
likely to have significant potential to increase
exports of United States goods and services;
(B) in which access to the Japanese market will
result in significant employment benefits for producers
of United States goods and services; or
(C) which represent critical technologies,
including those identified by the National Critical
Technologies Panel under section 603 of the National
Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683).
The Secretary shall include an assessment under paragraph (1)
of any sector for which the Trade Representative requests such
assessment be made. In preparing any such request, the Trade
Representative shall give priority to those barriers identified
in the reports required by section 181(b) of the Trade Act of
1974.
(3) Information on access by foreign suppliers.--The
Secretary shall consult with the governments of foreign
countries concerning access to the Japanese market of goods and
services produced or originating in those countries. At the
request of the government of any such country, the Secretary
may include in the reports required by paragraph (1)
information, with respect to that country, on such access.

SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS.

(a) Negotiating Authority.--The President is authorized to enter
into agreements or other understandings with the Government of Japan
for the purpose of obtaining the market access opportunities described
in the reports of the Secretary under section 2.
(b) Determination of Priority of Negotiations.--Upon the submission
by the Secretary of each report under section 2, the Trade
Representative shall determine--
(1) for which sectors identified in the report the Trade
Representative will pursue negotiations, during the 6-month
period following submission of the report, for the purpose of
concluding agreements or other understandings described in
subsection (a), and the time frame 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 pursued by the
Trade Representative, or
(B) negotiations that were pursued by the Trade
Representative did not result in the conclusion of an
agreement or understanding described 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 Representative 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 Secretary'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
following:
(1) With respect to each sector on which negotiations
described in subsection (b) were pursued during that 6-month
period--
(A) a determination of whether such negotiations
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
continuing 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; and
(B) in the case of a positive determination made
under subparagraph (A)(i) in the preceding report
submitted under this subsection, a determination of
whether the continuing negotiations have resulted in
the conclusion of an agreement or understanding
described in subparagraph (A) during that 6-month
period.
(2) With respect to each sector on which negotiations
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 UNDERSTANDINGS.

(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 understanding reached between the United States and
Japan pursuant to section 3, and with each existing trade agreement
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 pursuant 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 Understandings.--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 Representative.--
(1) Failure to conclude agreements.--In any case in which
the Trade Representative determines under section
3(c)(1)(A)(ii) or (B) that negotiations 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 determined under section 304 of that
Act to be an act, policy or practice that is unreasonable and
discriminatory and burdens or restricts United States commerce.
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 Secretary determines, in a report
submitted under section 2(b)(1), that Japan is not in material
compliance with--
(A) any agreement or understanding concluded
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 action 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 preceding 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 ''existing trade agreement between the United
States and Japan'' means any trade agreement that was entered
into between the United States and Japan before the date of the
enactment of this Act and is in effect on such date. Such term
includes--
(A) the Arrangement Between the Government of Japan
and the Government of the United States of America
Concerning Trade in Semiconductor Products, signed in
1986;
(B) the Arrangement Between the Government of Japan
and the Government of the United States of America
Concerning Trade in Semiconductor Products, signed in
1991;
(C) the United States-Japan Wood Products
Agreement, signed on June 5, 1990;
(D) Measures Related to Japanese Public Sector
Procurements of Computer Products and Services, signed
on January 10, 1992;
(E) the Tokyo Declaration on the U.S.-Japan Global
Partnership, signed on January 9, 1992; and
(F) the Cellular Telephone and Third-Party Radio
Agreement, signed in 1989.
(2) Framework agreement.--The term ''Framework Agreement''
means the Japan-United States Framework for a New Economic
Partnership, signed on July 10, 1993.
(3) Secretary.--The term ''Secretary'' means the Secretary
of Commerce.
(4) Trade representative.--The term ''Trade
Representative'' means the United States Trade Representative.
Output:
Fair Market Access Act of 1994 - Directs the Secretary of Commerce to report annually to the Congress an assessment of the access to the Japanese market of goods and services produced or originating in the United States in each sector specifically identified in the Japan-United States Framework for a New Economic Partnership signed on July 10, 1993 (Framework Agreement). Specifies contents of such access assessments.
Authorizes the President to enter into agreements or other understandings with Japan for the purpose of obtaining the market access opportunities described in such assessments.
Requires the United States Trade Representative (USTR) to determine for which sectors identified in each assessment to pursue negotiations in order to conclude such agreements or understandings.
Directs the Secretary to monitor compliance with each agreement or understanding between the United States and Japan reached under this Act, as well as with existing trade agreements between both countries.
Deems an unreasonable and discriminatory act, policy, or practice burdening or restricting U.S. commerce each barrier to access to the Japanese market that is the subject of negotiations under this Act which fail to conclude an agreement or understanding. Requires the USTR to determine what "Super 301" sanction to impose in response to such acts, policies, or practices, as well as in instances of material noncompliance with new or existing agreements or understandings.