II 110th CONGRESS 1st Session S. 217 IN THE SENATE OF THE UNITED STATES January 9, 2007 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.

1.

Short title

This Act may be cited as the Australian Wheat Board Accountability Act of 2007.

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.

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.