,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcbb ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjad ,mr4 ,mc,kinley 7for himself and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,tariff ,act of #aicj to provide for the payment to affected producers and their employees of duties that are collected pursuant to countervailing and antidumping duty orders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,manufacturing and ,worker ,protection ,act of #bjad4 #b4 ,distribution of countervailing and antidumping duties 7a7 ,in general ,title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq47 is amended by inserting after section #gec the following3 #ged4 ,distribution of certain duties to affected domestic producers and employees 7a7 ,definitions ,in this section3 7#a7 ,affected domestic producer 7,a7 ,in general ,subject to subparagraph 7,b71 the term affected domestic producer means any manufacturer or producer that-- 7i7 was a petitioner or interested party in support of the petition with respect to which an antidumping duty order1 a finding under the ,antidumping ,act of #aiba1 or a countervailing duty order has been entered2 and 7ii7 remains in operation4 7,b7 ,exception ,any company1 business1 or person that has ceased the production of the product covered by the order or finding described in subparagraph 7,a7 or who has been acquired by a company or business that is related to a company that opposed the investigation pursuant to which the order or finding under subparagraph 7,a7 was issued shall not be an affected domestic producer4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection4 7#c7 ,commission ,the term ,commission means the ,united ,states ,international ,trade ,commission4 7#d7 ,eligible employee 7,a7 ,in general ,an individual is an eligible employee of an affected domestic producer if the individual-- 7i7 has been totally or partially separated from employment with that affected domestic producer because of dumping or a subsidy pursuant to which the antidumping order or finding1 or the countervailing duty order1 described in paragraph 7#a77;,a77i7 was entered2 or 7ii7 is an employee of the affected domestic producer at the time a distribution is made under subsection 7b7 and was such an employee continuously from a date that preceded the date on which the antidumping order or finding1 or the countervailing duty order1 described in paragraph 7#a77;,a77i7 was entered4 7,b7 ,exclusion ,an executive officer of an affected domestic producer is not an eligible employee of that producer4 7,c7 ,executive officer defined ,the term executive officer means1 with respect to an affected domestic producer1 the chairman of the board of directors1 chief executive officer1 chief financial officer1 president1 or vice chairman1 any executive vice president1 and any senior vice president in charge of a principal business unit1 division1 or function4 7#e7 ,partially separated ,the term partially separated means1 with respect to an employee who has not been totally separated1 that the employee has had-- 7,a7 the employee's hours of work reduced to #hj percent or less of the employee's average weekly hours because of dumping or a subsidy pursuant to which an antidumping order or finding1 or a countervailing duty order1 described in paragraph 7#a77;,a77i71 was entered2 and 7,b7 the employee's wages reduced to #hj percent or less of the employee's average weekly wage because of dumping or a subsidy pursuant to which such antidumping order or finding1 or countervailing duty order1 was entered4 7#f7 ,qualifying expenditure ,the term qualifying expenditure means an expenditure incurred by an affected domestic producer after the issuance of the antidumping duty finding or order1 or countervailing duty order1 described in paragraph 7#a77;,a77i7 in any of the following categories3 7,a7 ,manufacturing facilities4 7,b7 ,equipment4 7,c7 ,research and development4 7,d7 ,personnel training4 7,e7 ,acquisition of technology4 7,f7 ,health care benefits to employees paid for by the employer4 7,g7 ,pension benefits to employees paid for by the employer4 7,h7 ,environmental equipment1 training1 or technology4 7,i7 ,acquisition of raw materials and other inputs4 7,j7 ,working capital or other funds needed to maintain production4 7#g7 ,related to 7,a7 ,in general ,a company1 business1 or person shall be considered to be related to another company1 business1 or person if-- 7i7 the company1 business1 or person directly or indirectly controls or is controlled by the other company1 business1 or person2 7ii7 a third party directly or indirectly controls both companies1 businesses1 or persons2 or 7iii7 both companies1 businesses1 or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company1 business1 or persons to act differently than a nonrelated party4 7,b7 ,control ,for purposes of subparagraph 7,a71 a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party4 7#h7 ,totally separated ,the term totally separated means the layoff or severance of an individual from employment with an affected domestic producer because of dumping or a subsidy pursuant to which an antidumping order or finding1 or the countervailing duty order1 described in paragraph 7#a77;,a77i7 was entered4 7b7 ,in general ,duties assessed pursuant to a countervailing duty order1 an antidumping duty order1 or a finding under the ,antidumping ,act of #aiba shall be distributed on a semiannual basis under this section to the affected domestic producers for qualifying expenditures and cash to eligible employees4 ,such distribution shall be known as the antidumping and subsidy protection amount4 ,of each such distribution1 not more than #aj percent may be used for administrative expenses4 ,of the remainder1 #dj percent shall be distributed to eligible employees of each affected domestic producer to which a distribution is made as provided in this section1 and #ej percent shall be distributed for qualifying expenditures of such affected domestic producer4 7c7 ,distribution procedures ,the ,commissioner shall prescribe procedures for distribution of the antidumping and subsidy protection amount required by this section4 ,such procedures shall require each affected producer to whom a distribution is to be made under this section to distribute the portion required for eligible employees in equal amounts to all such employees4 ,each distribution under this section shall be made not later than #fj days after the last day of each #f-month period of a fiscal year from duties assessed during that #f-month period4 7d7 ,parties eligible for distribution of antidumping and countervailing duties assessed 7#a7 ,list of affected domestic producers ,the ,commission shall forward to the ,commissioner1 within #de days after the effective date of the ,american ,manufacturing and ,worker ,protection ,act of #bjad in the case of orders or findings in effect on that date or1 in any other case1 within #de days after the date on which an antidumping or countervailing duty order or finding is issued1 a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response4 ,in those cases in which a determination of injury was not required or the ,commission's records do not permit an identification of those in support of a petition1 the ,commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section #gea4 7#b7 ,publication of list2 certification ,the ,commissioner shall publish in the ,federal ,register1 at least #cj days before the distribution of an antidumping and subsidy protection amount is made1 a notice of intention to distribute the antidumping and subsidy protection amount and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the ,commission under paragraph 7#a74 ,the ,commissioner shall request a certification from each potentially eligible affected domestic producer-- 7,a7 that the producer desires to receive a distribution2 7,b7 that the producer is eligible to receive the distribution as an affected domestic producer2 7,c7 the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made2 and 7,d7 the eligible employees to whom the distribution is to be made4 7#c7 ,distribution of funds ,the ,commissioner shall distribute all funds 7including all interest earned on the funds7 from assessed duties received in a fiscal year to affected domestic producers based on the certifications described in paragraph 7#b74 ,the distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures and the number of eligible employees to whom distributions are to be made4 7e7 ,special accounts 7#a7 ,establishments ,within #ad days after the effective date of the ,american ,manufacturing and ,worker ,protection ,act of #bjad1 with respect to antidumping duty orders and findings and countervailing duty orders in effect on that effective date1 and within #ad days after the effective date of an antidumping duty order or finding or countervailing duty order issued after the effective date of that ,act1 the ,commissioner shall establish in the ,treasury of the ,united ,states a special account with respect to each such order or finding4 7#b7 ,deposits into accounts ,the ,commissioner shall deposit into the special accounts all antidumping or countervailing duties 7including interest earned on such duties7 that are assessed on or after the effective date of the ,american ,manufacturing and ,worker ,protection ,act of #bjad under the antidumping duty order or finding or the countervailing duty order with respect to which the account was established4 7#c7 ,time and manner of distributions ,consistent with the requirements of subsections 7c7 and 7d71 the ,commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall be made4 7#d7 ,termination 7,a7 ,termination ,if-- 7i7 the order or finding with respect to which a special account was established has terminated1 7ii7 all entries relating to the order or finding have been liquidated and duties assessed collected1 and 7iii7 the ,commissioner has provided notice and a final opportunity to obtain a distribution pursuant to subsection 7c71 then the special account shall terminate upon the expiration of the #ij-;day period beginning on the date of the notice described in clause 7iii7 7,b7 ,unclaimed amounts ,amounts not claimed within the #ij-;day period described in subparagraph 7,a7 shall be deposited into the general fund of the ,treasury4 7f7 ,reports to ,congress ,the ,commissioner shall submit to ,congress1 not later than ,december #ca of each year1 a report on the implementation of this section for antidumping and countervailing duty assessments made during the preceding fiscal year1 and any recommendations the ,commissioner may have with respect to such implementation4 ,the report shall also include any findings of the ,commission with respect to any waste1 fraud1 or abuse in the program established by this section4 4 7b7 ,conforming amendment ,the table of contents for title ,,vii of the ,tariff ,act of #aicj is amended by inserting after the item relating to section #gec the following new item3 ,sec4 #ged4 ,distribution of certain duties to affected domestic producers and employees4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad1 and shall apply with respect to all antidumping and countervailing duty assessments made on or after that date4 #c4 ,application to ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch71 the amendments made by this ,act shall apply with respect to goods from ,canada and ,mexico4