‘‘(B) accept depositions, documents, affida-
vits, or other evidence under seal; and
‘‘(C) disclose such material under such
terms and conditions as the court may order.
‘‘(i) EXPEDITION OF ACTION.—An action brought
under subsection (b) shall be advanced on the docket and
expedited in every way possible.
‘‘(j) DEFINITIONS.—In this section, the terms ‘sub-
sidy’, ‘material injury’, and ‘interested party’ have the
meanings given those terms under title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.).
‘‘(k) INTERVENTION BY THE UNITED STATES.—The
court shall permit the United States to intervene in any
action brought under subsection (b) as a matter of right.
The United States shall have all the rights of a party to
such action.
‘‘(l) NULLIFICATION
OF ORDER.—An order by a
court under this section may be set aside by the President
pursuant to section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702).’’.
SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
(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 following new section:
‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.
‘‘(a) 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 an annual basis under this section to the af-
fected domestic producers for qualifying expenditures and
to adversely affected employees for assistance. Such dis-
tribution shall be known as the ‘continued dumping and
subsidy offset’.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) AFFECTED
DOMESTIC
PRODUCER.—The
term ‘affected domestic producer’ means any manu-
facturer, producer, farmer, rancher, or worker rep-
resentative (including associations of such persons)
that—
‘‘(A) was a petitioner or interested party in
support of the petition with respect to which an
antidumping duty order, a finding under the
Antidumping Act of 1921, or a countervailing
duty order has been entered, and
‘‘(B) remains in operation.
Companies, businesses, or persons that have ceased
the production of the product covered by the order
or finding or who have been acquired by a company
or business that is related to a company that op-
posed the investigation shall not be an affected do-
mestic producer.
‘‘(2) 
ASSISTANCE.—The 
term 
‘assistance’
means allowances, training, and employment services
similar to those provided under subchapter D of
chapter 2 of title II of the Trade Act of 1974, as
in effect on January 1, 1999 (19 U.S.C. 2331 et
seq.).
‘‘(3) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Customs.
‘‘(4) COMMISSION.—The term ‘Commission’
means the United States International Trade Com-
mission.
‘‘(5) QUALIFYING
EXPENDITURE.—The term
‘qualifying expenditure’ means an expenditure in-
curred after the issuance of the antidumping duty
finding or order or countervailing duty order in any
of the following categories:
‘‘(A) Plant.
‘‘(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.
‘‘(I) Acquisition of raw materials and other
inputs.
‘‘(J) Borrowed working capital or other
funds needed to maintain production.
‘‘(6) RELATED TO.—A company, business, or
person shall be considered to be ‘related to’ another
company, business, or person if—
‘‘(A) the company, business, or person di-
rectly or indirectly controls or is controlled by
the other company, business, or person,
‘‘(B) a third party directly or indirectly
controls both companies, businesses, or persons,
‘‘(C) both companies, businesses, or per-
sons directly or indirectly control a third party
and there is reason to believe that the relation-
ship causes the first company, business, or per-
sons to act differently than a nonrelated party.
For purposes of this paragraph, a party shall be
considered to directly or indirectly control another
party if the party is legally or operationally in a po-
sition to exercise restraint or direction over the other
party.
‘‘(7) ADVERSELY AFFECTED EMPLOYEE.—The
term ‘adversely affected employee’ means an em-
ployee of an affected domestic producer that has be-
come totally or partially separated because—
‘‘(A) the sales or production, or both, of
the domestic producer have decreased abso-
lutely; and
‘‘(B) imports of articles directly competi-
tive with articles produced by the domestic pro-
ducer have increased or are the subject of an
antidumping duty order, a finding under the
Antidumping Act of 1921, or a countervailing
duty order described in paragraph (1)(A).
The Secretary of Labor shall determine if an em-
ployee is eligible for assistance under this section.
‘‘(c) DISTRIBUTION PROCEDURES.—The Commis-
sioner, in consultation with the Secretary of Labor, shall
prescribe procedures for distribution of the continued
dumping or subsidies offset required by this section. Such
distribution shall be made not later than 60 days after
the first day of a fiscal year from duties assessed during
the preceding fiscal year.