[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5209 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5209

To amend the Tariff Act of 1930 to provide for the payment to affected 
producers and their employees of duties that are collected pursuant to 
  countervailing and antidumping duty orders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

Mr. McKinley (for himself, Mr. Rush, and Mr. Westerman) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Tariff Act of 1930 to provide for the payment to affected 
producers and their employees of duties that are collected pursuant to 
  countervailing and antidumping duty orders, and for other purposes.

    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 ``American Manufacturing and Worker 
Protection Act of 2016''.

SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTIDUMPING 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 AFFECTED DOMESTIC 
              PRODUCERS AND EMPLOYEES.

    ``(a) Definitions.--In this section:
            ``(1) Affected domestic producer.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `affected domestic producer' means any 
                manufacturer or producer that--
                            ``(i) 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
                            ``(ii) remains in operation.
                    ``(B) Exception.--Any company, business, 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 related to a company that opposed the investigation 
                pursuant to which the order or finding under 
                subparagraph (A) was issued shall not be an affected 
                domestic producer.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            ``(3) Commission.--The term `Commission' means the United 
        States International Trade Commission.
            ``(4) Eligible employee.--
                    ``(A) In general.--An individual is an `eligible 
                employee' of an affected domestic producer if the 
                individual--
                            ``(i) 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 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 distribution is 
                        made under subsection (b) and was such an 
                        employee continuously from a date that preceded 
                        the date on which the antidumping order or 
                        finding, or the countervailing 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 chairman, any executive 
                vice president, and any senior vice president in charge 
                of a principal business unit, division, or function.
            ``(5) Partially separated.--The term `partially separated' 
        means, with respect to an employee who has not been totally 
        separated, that the employee 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, described 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 incurred 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.
                    ``(I) Acquisition of raw materials and other 
                inputs.
                    ``(J) Working capital or other funds needed 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 
                        controlled by the other company, business, or 
                        person;
                            ``(ii) a third party directly or indirectly 
                        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 company, 
                        business, or persons to act differently than a 
                        nonrelated party.
                    ``(B) Control.--For purposes of subparagraph (A), 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 party.
            ``(8) 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 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 distributed 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 percent may be used for administrative 
expenses. Of the remainder, 40 percent shall be distributed to eligible 
employees of each affected domestic producer to which a distribution is 
made as provided in this section, and 50 percent shall be distributed 
for qualifying expenditures of such affected domestic producer.
    ``(c) Distribution Procedures.--The Commissioner shall prescribe 
procedures for distribution of the antidumping and subsidy protection 
amount required by this section. 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 employees. Each distribution under this 
section shall be made not later than 60 days after the last day of each 
6-month period of a fiscal year from duties assessed during that 6-
month period.
    ``(d) Parties Eligible for Distribution of Antidumping and 
Countervailing Duties Assessed.--
            ``(1) List of affected domestic producers.--The Commission 
        shall forward to the Commissioner, within 45 days after the 
        effective date of the American Manufacturing and Worker 
        Protection Act of 2016 in the case of orders or findings in 
        effect on that date or, in any other case, within 45 days after 
        the date on which an antidumping or countervailing duty order 
        or finding is issued, 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 response. 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 petition, 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 
        751.
            ``(2) Publication of list; certification.--The Commissioner 
        shall publish in the Federal Register, at least 30 days before 
        the distribution of an antidumping and subsidy protection 
        amount is made, 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 (1). The Commissioner shall request a 
        certification from each potentially eligible affected domestic 
        producer--
                    ``(A) that the producer desires to receive a 
                distribution;
                    ``(B) that the producer is eligible to receive the 
                distribution as an affected domestic producer;
                    ``(C) 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 made; and
                    ``(D) the eligible employees to whom the 
                distribution is to be made.
            ``(3) Distribution of funds.--The Commissioner shall 
        distribute all funds (including all interest earned on the 
        funds) from assessed duties received in a fiscal year to 
        affected domestic producers based on the certifications 
        described in paragraph (2). 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 made.
    ``(e) Special Accounts.--
            ``(1) Establishments.--Within 14 days after the effective 
        date of the American Manufacturing and Worker Protection Act of 
        2016, with respect to antidumping duty orders and findings and 
        countervailing duty orders in effect on that effective date, 
        and within 14 days after the effective date of an antidumping 
        duty order or finding or countervailing duty order issued after 
        the effective date of that Act, the Commissioner shall 
        establish in the Treasury of the United States a special 
        account with respect to each such order or finding.
            ``(2) Deposits into accounts.--The Commissioner shall 
        deposit into the special accounts all antidumping or 
        countervailing duties (including interest earned on such 
        duties) that are assessed on or after the effective date of the 
        American Manufacturing and Worker Protection Act of 2016 under 
        the antidumping duty order or finding or the countervailing 
        duty order with respect to which the account was established.
            ``(3) Time and manner of distributions.--Consistent with 
        the requirements of subsections (c) and (d), the Commissioner 
        shall by regulation prescribe the time and manner in which 
        distribution of the funds in a special account shall be made.
            ``(4) Termination.--
                    ``(A) Termination.--If--
                            ``(i) the order or finding with respect to 
                        which a special account was established has 
                        terminated,
                            ``(ii) all entries relating to the order or 
                        finding have been liquidated and duties 
                        assessed collected, and
                            ``(iii) the Commissioner has provided 
                        notice and a final opportunity to obtain a 
                        distribution pursuant to subsection (c),
                then the special account shall terminate upon the 
                expiration of the 90-day period beginning on the date 
                of the notice described in clause (iii)
                    ``(B) Unclaimed amounts.--Amounts not claimed 
                within the 90-day period described in subparagraph (A) 
                shall be deposited into the general fund of the 
                Treasury.
    ``(f) Reports to Congress.--The Commissioner shall submit to 
Congress, not later than December 31 of each year, a report on the 
implementation of this section for antidumping and countervailing duty 
assessments made during the preceding fiscal year, and any 
recommendations the Commissioner may have with respect to such 
implementation. The report shall also include any findings of the 
Commission with respect to any waste, fraud, or abuse in the program 
established by this section.''.
    (b) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting after the item relating 
to section 753 the following new item:

``Sec. 754. Distribution of certain duties to affected domestic 
                            producers and employees.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2016, and shall apply with respect to all 
antidumping and countervailing duty assessments made on or after that 
date.

SEC. 3. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement 
and section 408 of the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3438), the amendments made by this Act 
shall apply with respect to goods from Canada and Mexico.
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