S.Amdt. 5846
What it does: Adds SEC. 1276. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES at the end of subtitle F of title XII
Sen. Lindsey Graham (R-SC)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1276. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES at the end of subtitle F of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Inserted: SEC. 1276. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.
Inserted: (a) In General.--Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may--
Inserted: (1) require repayment of, or attempt in any other way to recoup, any payment described in subsection (b); or
Inserted: (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).
Inserted: (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of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154))) that were--
Inserted: (1) assessed and paid with respect to imports of goods from any country; and
Inserted: (2) distributed on or after January 1, 2001.
Inserted: (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--
Inserted: (1) refund any repayment or other recoupment of any payment described in subsection (b); and
Inserted: (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).
Inserted: (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--
Inserted: (1) a finding of false statements, other misconduct, or insufficient verification of a certification by a recipient of such a payment; or
Show 1 more inserted paragraphShow less
Inserted: (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.
Original wording
At the end of subtitle F of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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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Senate amendment submitted
September 28, 2022