[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4077 Introduced in Senate (IS)]







109th CONGRESS
  2d Session
                                S. 4077

To require the United States Trade Representative to initiate a section 
   301 investigation into abuses by the Australian Wheat Board with 
  respect to the United Nations Oil-for-Food Programme, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2006

  Mr. Coleman introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL



To require the United States Trade Representative to initiate a section 
   301 investigation into abuses by the Australian Wheat Board with 
  respect to the United Nations Oil-for-Food Programme, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Australian Wheat Board 
Accountability Act of 2006''.

SEC. 2. INVESTIGATION.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 30 days after the date of the enactment of this Act, the 
United States Trade Representative shall initiate an investigation in 
accordance with title III of the Trade Act of 1974 (19 U.S.C. 2411 et 
seq.) to determine if actions by the Australian Wheat Board with 
respect to the Board's abuse of the United Nations Oil-for-Food 
Programme constitutes an act, policy, or practice and justifies taking 
action described in section 301(a)(1) of such Act (19 U.S.C. 
2411(a)(1)).
    (b) Act, Policy, or Practice.--For purposes of this Act, any 
economic damage suffered by United States wheat farmers as a result of 
the practices of the Australian Wheat Board related to the United 
Nations Oil-for-Food Programme during the period 1999 to 2003 shall be 
deemed to be an act, policy, or practice under section 301(a)(1) of the 
Trade Act of 1974.

SEC. 3. ACTIONS.

    (a) Negotiated Settlement.--
            (1) In general.--If as a result of the investigation 
        required by section 2 an affirmative determination is made that 
        the actions of the Australian Wheat Board have resulted in 
        barriers to United States wheat exports or meet the 
        requirements for mandatory action described in section 
        301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), the 
        United States Trade Representative shall seek a negotiated 
        settlement with the Government of Australia for compensation 
        under section 301(c)(1)(D) of such Act (19 U.S.C. 
        2411(c)(1)(D)).
            (2) Amount of compensation.--In seeking a settlement under 
        paragraph (1), the Trade Representative shall seek compensation 
        in an amount equal to the economic damages suffered by United 
        States wheat farmers as a result of the actions of the 
        Australian Wheat Board with respect to the Board's abuse of the 
        United Nations Oil-for-Food Programme.
    (b) Imposition of Duties.--
            (1) In general.--If the United States Trade Representative 
        fails to reach a settlement with the Government of Australia on 
        or before the date that is 6 months after the date that the 
        United States Trade Representative begins the negotiations 
        described in subsection (a), the United States Trade 
        Representative shall establish a retaliation list (as described 
        in section 306(b)(2)(E) of the Trade Act of 1974; 19 U.S.C. 
        2416(b)(2)(E)) and shall impose a rate of duty of 100 percent 
        ad valorem on articles on that list that are imported directly 
        or indirectly from Australia. The duties shall be imposed in a 
        manner consistent with section 301(a)(3) of the Trade Act of 
        1974 (19 U.S.C. 2411(a)(3)).
            (2) Duration of additional duties.--The duties imposed 
        pursuant to paragraph (1) shall remain in effect until the date 
        that the United States Trade Representative certifies to 
        Congress that the imposition of such duties is no longer 
        appropriate because adequate compensation has been obtained and 
        the Australian Wheat Board is no longer engaging in the acts, 
        policies, or practices that were the basis for the imposition 
        of the duties.
                                 <all>