[Congressional Record Volume 153, Number 4 (Tuesday, January 9, 2007)]
[Senate]
[Page S289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S. 217. 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; to the Committee on Finance.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 217

       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 2007''.

     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.
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