II 

117TH CONGRESS 

2D SESSION S. 4934 

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 

SEPTEMBER 22, 2022 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Domestic Reinvest5 ment Act of 2022’’. 


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•S 4934 IS

1 SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK 

2 PAYMENTS OF CERTAIN ANTIDUMPING DU3 TIES AND COUNTERVAILING DUTIES. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, neither the Secretary of Homeland Security 

6 nor any other person may— 

7 (1) require repayment of, or attempt in any 

8 other way to recoup, any payment described in sub9 section (b); or 

10 (2) offset any past, current, or future distribu11 tions of antidumping duties or countervailing duties 

12 assessed on any imports in an attempt to recoup any 

13 payment described in subsection (b). 

14 (b) PAYMENTS DESCRIBED.—Payments described in 

15 this subsection are payments of antidumping duties or 

16 countervailing duties made pursuant to section 754 of the 

17 Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle 

18 F of title VII of the Deficit Reduction Act of 2005 (Public 

19 Law 109–171; 120 Stat. 154))) that were— 

20 (1) assessed and paid with respect to imports of 

21 goods from any country; and 

22 (2) distributed on or after January 1, 2001. 

23 (c) PAYMENT OF FUNDS COLLECTED OR WITH24 HELD.—Not later than 90 days after the date of the en25 actment of this Act, the Secretary of Homeland Security 

26 shall— 


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•S 4934 IS

1 (1) refund any repayment or other recoupment 

2 of any payment described in subsection (b); and 

3 (2) fully distribute any antidumping duties or 

4 countervailing duties that the Commissioner of U.S. 

5 Customs and Border Protection is withholding as an 

6 offset as described in subsection (a)(2). 

7 (d) LIMITATION.—Nothing in this section shall be 

8 construed to prevent the Secretary of Homeland Security, 

9 or any other person, from requiring repayment of, or at10 tempting to otherwise recoup, any payment described in 

11 subsection (b) as a result of— 

12 (1) a finding of false statements, other mis13 conduct, or insufficient verification of a certification 

14 by a recipient of such a payment; or 

15 (2) the issuance of a refund to an importer or 

16 surety pursuant to a settlement, court order, or re17 liquidation of an entry with respect to which such a 

18 payment was made. 

Æ 


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