II 

116TH CONGRESS 

2D SESSION S. 3980 

To prioritize the purchase of agricultural commodities from domestically 

owned enterprises, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2020 

Mrs. LOEFFLER introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To prioritize the purchase of agricultural commodities from 

domestically owned enterprises, 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 ‘‘American Agriculture 

5 First Act’’. 

6 SEC. 2. AGRICULTURAL COMMODITIES PURCHASED FROM 

7 DOMESTICALLY OWNED ENTERPRISES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) AGRICULTURAL COMMODITY.—The term 

10 ‘‘agricultural commodity’’ has the meaning given the 


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1 term in section 102 of the Agricultural Trade Act of 

2 1978 (7 U.S.C. 5602). 

3 (2) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Agriculture of the 

7 House of Representatives; 

8 (B) the Committee on Foreign Affairs of 

9 the House of Representatives; 

10 (C) the Committee on Ways and Means of 

11 the House of Representatives; 

12 (D) the Committee on Agriculture, Nutri13 tion, and Forestry of the Senate; 

14 (E) the Committee on Foreign Relations of 

15 the Senate; and 

16 (F) the Committee on Finance of the Sen17 ate. 

18 (3) DOMESTICALLY OWNED ENTERPRISE.—The 

19 term ‘‘domestically owned enterprise’’ has the mean20 ing given the term in section 773.2 of title 7, Code 

21 of Federal Regulations (as in effect on the date of 

22 enactment of this Act). 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 

25 (b) PRIORITIZATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), if the Secretary determines that a re3 sponse to trade damage from retaliation by a foreign 

4 nation with respect to an agricultural commodity is 

5 necessary, the Secretary, acting through the Admin6 istrator of the Agricultural Marketing Service, shall 

7 purchase from domestically owned enterprises not 

8 less than 75 percent of the total quantity of that ag9 ricultural commodity purchased under the Food 

10 Purchase and Distribution Program. 

11 (2) EXCEPTION.—Paragraph (1) shall not 

12 apply to the purchase of an agricultural commodity 

13 made not less than 30 days after the date on which 

14 the Secretary submits to the Committee on Agri15 culture of the House of Representatives and the 

16 Committee on Agriculture, Nutrition, and Forestry 

17 of the Senate a report that explains the reasons that 

18 meeting the requirement under paragraph (1)— 

19 (A) is not possible because the quantity of 

20 the agricultural commodity available from do21 mestically owned enterprises cannot meet the 

22 supply needs of the Agricultural Marketing 

23 Service; or 

24 (B) would result in a greater than 150 

25 percent increase between— 


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1 (i) the amount necessary to purchase 

2 that agricultural commodity; and 

3 (ii) the average cost of that agricul4 tural commodity purchased by the Agricul5 tural Marketing Service in the prior 3 

6 years. 

7 (3) PUBLICATION OF AWARDS.—In publishing 

8 the awards made to vendors under the purchase pro9 grams carried out by the Agricultural Marketing 

10 Service, the Secretary shall include whether the enti11 ty receiving such an award is a domestically owned 

12 enterprise. 

13 (4) WTO OBLIGATIONS.—The Secretary shall 

14 carry out this section consistent with World Trade 

15 Organization obligations of the United States. 

16 (c) REPORT REQUIRED.—For each 90-day period 

17 during which the Secretary purchases 1 or more agricul18 tural commodities as described in subsection (b), the Sec19 retary shall submit to the appropriate committees of Con20 gress a report that includes the amount of each agricul21 tural commodity purchased during that period. 

22 (d) SUNSET.—The authority under this section shall 

23 expire on September 30, 2023. 

Æ 


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