109 S377 IS: Domestic Reinvestment Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 377IN THE SENATE OF THE UNITED STATESFebruary 9, 2023Mr. Graham (for himself and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo 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.

1.

Short title

This Act may be cited as the Domestic Reinvestment Act of 2023.

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of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154))) that were— (1)assessed and paid with respect to imports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.