SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTI-
DUMPING DUTIES. 
(a) IN GENERAL.—Title VII of the Tariff Act of 
1930 (19 U.S.C. 1671 et seq.) is amended by inserting 
after section 753 the following: 
‘‘SEC. 754. DISTRIBUTION OF CERTAIN DUTIES TO AF-
FECTED DOMESTIC PRODUCERS AND EM-
PLOYEES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED DOMESTIC PRODUCER.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘affected domestic pro-
ducer’ means any manufacturer or producer 
that— 
‘‘(i) was a petitioner or interested 
party in support of the petition with re-
spect to which an antidumping duty order, 
a finding under the Antidumping Act of 
1921, or a countervailing duty order has 
been entered; and 
‘‘(ii) remains in operation. 
‘‘(B) EXCEPTION.—Any company, busi-
ness, or person that has ceased the production 
of the product covered by the order or finding 
described in subparagraph (A) or who has been 
acquired by a company or business that is re-
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lated to a company that opposed the investiga-
tion pursuant to which the order or finding 
under subparagraph (A) was issued shall not be 
an affected domestic producer. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner responsible for U.S. 
Customs and Border Protection. 
‘‘(3) COMMISSION.—The term ‘Commission’ 
means the United States International Trade Com-
mission. 
‘‘(4) ELIGIBLE EMPLOYEE.— 
‘‘(A) IN
GENERAL.—An individual is an 
‘eligible employee’ of an affected domestic pro-
ducer if the individual— 
‘‘(i) has been totally or partially sepa-
rated from employment with that affected 
domestic producer because of dumping or a 
subsidy pursuant to which the antidumping 
order or finding, or the countervailing duty 
order, described in paragraph (1)(A)(i) 
was entered; or 
‘‘(ii) is an employee of the affected 
domestic producer at the time a distribu-
tion is made under subsection (b) and was 
such an employee continuously from a date 
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that preceded the date on which the anti-
dumping order or finding, or the counter-
vailing duty order, described in paragraph 
(1)(A)(i) was entered. 
‘‘(B) EXCLUSION.—An executive officer of 
an affected domestic producer is not an eligible 
employee of that producer. 
‘‘(C) EXECUTIVE OFFICER DEFINED.—The 
term ‘executive officer’ means, with respect to 
an affected domestic producer, the chairman of 
the board of directors, chief executive officer, 
chief financial officer, president, or vice chair-
man, any executive vice president, and any sen-
ior vice president in charge of a principal busi-
ness unit, division, or function. 
‘‘(5) PARTIALLY SEPARATED.—The term ‘par-
tially separated’ means, with respect to an employee 
who has not been totally separated, that the em-
ployee has had— 
‘‘(A) the employee’s hours of work reduced 
to 80 percent or less of the employee’s average 
weekly hours because of dumping or a subsidy 
pursuant to which an antidumping order or 
finding, or a countervailing duty order, de-
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scribed in paragraph (1)(A)(i), was entered; 
and 
‘‘(B) the employee’s wages reduced to 80 
percent or less of the employee’s average weekly 
wage because of dumping or a subsidy pursuant 
to which such antidumping order or finding, or 
countervailing duty order, was entered. 
‘‘(6) QUALIFYING
EXPENDITURE.—The term 
‘qualifying expenditure’ means an expenditure in-
curred by an affected domestic producer after the 
issuance of the antidumping duty finding or order, 
or countervailing duty order, described in paragraph 
(1)(A)(i) in any of the following categories: 
‘‘(A) Manufacturing facilities. 
‘‘(B) Equipment. 
‘‘(C) Research and development. 
‘‘(D) Personnel training. 
‘‘(E) Acquisition of technology. 
‘‘(F) Health care benefits to employees 
paid for by the employer. 
‘‘(G) Pension benefits to employees paid 
for by the employer. 
‘‘(H) Environmental equipment, training, 
or technology. 
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‘‘(I) Acquisition of raw materials and other 
inputs. 
‘‘(J) Working capital or other funds need-
ed to maintain production. 
‘‘(7) RELATED TO.— 
‘‘(A) IN GENERAL.—A company, business, 
or person shall be considered to be ‘related to’ 
another company, business, or person if— 
‘‘(i) the company, business, or person 
directly or indirectly controls or is con-
trolled by the other company, business, or 
person; 
‘‘(ii) a third party directly or indi-
rectly controls both companies, businesses, 
or persons; or 
‘‘(iii) both companies, businesses, or 
persons directly or indirectly control a 
third party and there is reason to believe 
that the relationship causes the first com-
pany, business, or persons to act dif-
ferently than a nonrelated party. 
‘‘(B) CONTROL.—For purposes of subpara-
graph (A), a party shall be considered to di-
rectly or indirectly control another party if the 
party is legally or operationally in a position to 
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exercise restraint or direction over the other 
party. 
‘‘(8) TOTALLY SEPARATED.—The term ‘totally 
separated’ means the layoff or severance of an indi-
vidual from employment with an affected domestic 
producer because of dumping or a subsidy pursuant 
to which an antidumping order or finding, or the 
countervailing duty order, described in paragraph 
(1)(A)(i) was entered. 
‘‘(b) IN GENERAL.—Duties assessed pursuant to a 
countervailing duty order, an antidumping duty order, or 
a finding under the Antidumping Act of 1921 shall be dis-
tributed on a semiannual basis under this section to the 
affected domestic producers for qualifying expenditures 
and cash to eligible employees. Such distribution shall be 
known as the ‘antidumping and subsidy protection 
amount’. Of each such distribution, not more than 10 per-
cent may be used for administrative expenses. Of the re-
mainder, 40 percent shall be distributed to eligible employ-
ees of each affected domestic producer to which a distribu-
tion is made as provided in this section, and 50 percent 
shall be distributed for qualifying expenditures of such af-
fected domestic producer. 
‘‘(c) DISTRIBUTION PROCEDURES.—The Commis-
sioner shall prescribe procedures for distribution of the 
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