Priority provisions

(a) Tariff exposure formula (1) In general The Secretary shall provide assistance under the Program to persons according to demonstrated economic exposure rather than geographic or political considerations. (2) Considerations In providing assistance under the Program, the Secretary shall, with respect to a person, consider— (A) tariffs actually paid; (B) exposure to foreign retaliatory tariffs; (C) dependence upon integrated international supply chains; (D) tariff-related increases in production costs; (E) the number of United States jobs at risk; (F) the economic importance of the affected facility to the surrounding community; (G) the difficulty of obtaining economically viable domestic substitutes in the short term; (H) the applicant’s plans to increase domestic sourcing or production; and (I) whether tariff costs threaten the competitiveness of United States-made products against finished foreign goods. (b) Regional concentration In providing assistance under the Program, the Secretary may take into account whether tariff-related economic injury is disproportionately concentrated within a State, region, industrial corridor, or labor market. (c) No State quotas Nothing in this section may be construed to establish an entitlement or predetermined allocation for any State. (d) Integrated North American supply chains (1) In general In evaluating a net tariff injury of a person, the Secretary shall, for persons with manufacturing operating within highly integrated North American supply chains— (A) evaluate cumulative tariff costs incurred during the production process; (B) avoid treating repeated border crossings of substantially the same intermediate good as separate economic benefits to the person; (C) prioritize investments that reduce unnecessary cross-border exposure while preserving economically efficient United States production; and (D) recognize domestic value added and United States employment when determining eligibility. (2) Rule of construction Nothing in this section may be construed to supersede the United States-Mexico-Canada Agreement or applicable rules of origin. (e) Small- and medium-Sized firms (1) In general In providing assistance under the Program, the Secretary shall ensure that not less than 35 percent of assistance provided annually is provided to persons described in paragraph (2). (2) Persons described Persons described in this paragraph are— (A) small enterprises, which shall mean a business that qualifies as a small business concern under section 3(a) of the Small Business Act (SBA) and the SBA size standard for its primary industry; and (B) medium-sized enterprises, which shall mean a business that exceeds that industry’s SBA numerical size standard but does not exceed twice that standard. For each type of enterprise described in subparagraphs (A), (B), and (C), size shall be measured using the applicable employee or annual-receipts test, including affiliates. (3) Terms and conditions The Secretary shall, with respect to small- and medium-sized United States manufacturers, agricultural producers, processors, and suppliers that apply for assistance under the Program, establish— (A) an expedited application process; (B) simplified documentation requirements; (C) technical assistance; (D) a 30-day target for decisions on complete applications involving acute working-capital needs; and (E) reasonable safeguards preventing large enterprises (which shall mean a business that exceeds twice that industry’s SBA numerical size standard) from routing applications through subsidiaries solely to obtain small-business preferences. (f) American worker protection In providing assistance under the Program, priority shall be given to applicants that— (1) retain United States workers; (2) avoid tariff-related layoffs; (3) increase wages or workforce training; (4) establish apprenticeships or other skills-based training programs; (5) expand production at existing United States facilities; or (6) create new United States manufacturing jobs.