II 

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 Oilfor-Food Programme, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Australian Wheat 

5 Board Accountability Act of 2006’’. 

6 SEC. 2. INVESTIGATION. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, not later than 30 days after the date of the 


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1 enactment of this Act, the United States Trade Represent2 ative shall initiate an investigation in accordance with title 

3 III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) 

4 to determine if actions by the Australian Wheat Board 

5 with respect to the Board’s abuse of the United Nations 

6 Oil-for-Food Programme constitutes an act, policy, or 

7 practice and justifies taking action described in section 

8 301(a)(1) of such Act (19 U.S.C. 2411(a)(1)). 

9 (b) ACT, POLICY, OR PRACTICE.—For purposes of 

10 this Act, any economic damage suffered by United States 

11 wheat farmers as a result of the practices of the Aus12 tralian Wheat Board related to the United Nations Oil13 for-Food Programme during the period 1999 to 2003 shall 

14 be deemed to be an act, policy, or practice under section 

15 301(a)(1) of the Trade Act of 1974. 

16 SEC. 3. ACTIONS. 

17 (a) NEGOTIATED SETTLEMENT.— 

18 (1) IN GENERAL.—If as a result of the inves19 tigation required by section 2 an affirmative deter20 mination is made that the actions of the Australian 

21 Wheat Board have resulted in barriers to United 

22 States wheat exports or meet the requirements for 

23 mandatory action described in section 301(a)(1) of 

24 the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), the 

25 United States Trade Representative shall seek a neVerDate Aug 31 2005 01:49 Dec 08, 2006 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4077.IS S4077

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1 gotiated settlement with the Government of Aus2 tralia for compensation under section 301(c)(1)(D) 

3 of such Act (19 U.S.C. 2411(c)(1)(D)). 

4 (2) AMOUNT OF COMPENSATION.—In seeking a 

5 settlement under paragraph (1), the Trade Rep6 resentative shall seek compensation in an amount 

7 equal to the economic damages suffered by United 

8 States wheat farmers as a result of the actions of 

9 the Australian Wheat Board with respect to the 

10 Board’s abuse of the United Nations Oil-for-Food 

11 Programme. 

12 (b) IMPOSITION OF DUTIES.— 

13 (1) IN GENERAL.—If the United States Trade 

14 Representative fails to reach a settlement with the 

15 Government of Australia on or before the date that 

16 is 6 months after the date that the United States 

17 Trade Representative begins the negotiations de18 scribed in subsection (a), the United States Trade 

19 Representative shall establish a retaliation list (as 

20 described in section 306(b)(2)(E) of the Trade Act 

21 of 1974; 19 U.S.C. 2416(b)(2)(E)) and shall impose 

22 a rate of duty of 100 percent ad valorem on articles 

23 on that list that are imported directly or indirectly 

24 from Australia. The duties shall be imposed in a 


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1 manner consistent with section 301(a)(3) of the 

2 Trade Act of 1974 (19 U.S.C. 2411(a)(3)). 

3 (2) DURATION OF ADDITIONAL DUTIES.—The 

4 duties imposed pursuant to paragraph (1) shall re5 main in effect until the date that the United States 

6 Trade Representative certifies to Congress that the 

7 imposition of such duties is no longer appropriate 

8 because adequate compensation has been obtained 

9 and the Australian Wheat Board is no longer engag10 ing in the acts, policies, or practices that were the 

11 basis for the imposition of the duties. 

Æ 


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