[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5846. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. 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     Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F 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 Funds Collected or Withheld.--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); and
       (2) fully distribute any antidumping duties or 
     countervailing duties that the Commissioner of U.S. Customs 
     and Border Protection 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 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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