[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 377 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 377

 To prohibit the Secretary of Homeland Security, or any other person, 
from requiring repayment, recoupment, or offset of certain antidumping 
 duties and countervailing duties paid under section 754 of the Tariff 
                  Act of 1930, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

Mr. Graham (for himself and Mr. Scott of South Carolina) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Secretary of Homeland Security, or any other person, 
from requiring repayment, recoupment, or offset of certain antidumping 
 duties and countervailing duties paid under section 754 of the Tariff 
                  Act of 1930, 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 ``Domestic Reinvestment Act of 2023''.

SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN 
              ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.

    (a) In General.--Notwithstanding any other provision of law, 
neither the Secretary of Homeland Security nor any other person may--
            (1) require repayment of, or attempt in any other way to 
        recoup, any payment described in subsection (b); or
            (2) offset any past, current, or future distributions of 
        antidumping duties or countervailing duties assessed on any 
        imports in an attempt to recoup any payment described in 
        subsection (b).
    (b) Payments Described.--Payments described in this subsection are 
payments of antidumping duties or countervailing duties made pursuant 
to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by 
subtitle F of title VII of the Deficit Reduction Act of 2005 (Public 
Law 109-171; 120 Stat. 154))) that were--
            (1) assessed and paid with respect to imports of goods from 
        any country; and
            (2) distributed on or after January 1, 2001.
    (c) Payment of Certain Funds Collected or Withheld.--Except with 
respect to payments described in subsection (d), not later than 90 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall--
            (1) refund any repayment or other recoupment of any payment 
        described in subsection (b) that was collected by the 
        Commissioner of U.S. Customs and Border Protection after 
        January 1, 2017; and
            (2) fully distribute any antidumping duties or 
        countervailing duties that the Commissioner is withholding as 
        an offset as described in subsection (a)(2).
    (d) Limitation.--Nothing in this section shall be construed to 
prevent the Secretary of Homeland Security, or any other person, from 
retaining, offsetting, requiring repayment of, or attempting to 
otherwise recoup, any payment described in subsection (b) as a result 
of--
            (1) a finding of false statements, other misconduct, or 
        insufficient verification of a certification by a recipient of 
        such a payment; or
            (2) the issuance of a refund to an importer or surety 
        pursuant to a settlement, court order, or reliquidation of an 
        entry with respect to which such a payment was made.
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