American Agriculture First Act

American Agriculture First Act

This bill requires the Agricultural Marketing Service (AMS) to purchase at least 75% of an agricultural commodity for the Food Purchase and Distribution Program from domestically owned enterprises if it is necessary to respond to trade damage from retaliation by foreign nations with respect to the agricultural commodity.

The requirement does not apply if the Department of Agriculture reports to Congress that meeting the requirement

• is not possible because the quantity of the agricultural commodity available from domestically owned enterprises cannot meet the supply needs of the AMS; or
• would result in a greater than 150% increase between the amount necessary to purchase the agricultural commodity, and the average cost of the agricultural commodity purchased by the AMS in the prior three years.

The authority provided by this bill expires on September 30, 2023.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3980 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Agriculture First Act''.

SEC. 2. AGRICULTURAL COMMODITIES PURCHASED FROM DOMESTICALLY OWNED 
              ENTERPRISES.

    (a) Definitions.--In this section:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given the term in section 102 of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Agriculture of the House of 
                Representatives;
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (C) the Committee on Ways and Means of the House of 
                Representatives;
                    (D) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (E) the Committee on Foreign Relations of the 
                Senate; and
                    (F) the Committee on Finance of the Senate.
            (3) Domestically owned enterprise.--The term ``domestically 
        owned enterprise'' has the meaning given the term in section 
        773.2 of title 7, Code of Federal Regulations (as in effect on 
        the date of enactment of this Act).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Prioritization.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary determines that a response to trade damage from 
        retaliation by a foreign nation with respect to an agricultural 
        commodity is necessary, the Secretary, acting through the 
        Administrator of the Agricultural Marketing Service, shall 
        purchase from domestically owned enterprises not less than 75 
        percent of the total quantity of that agricultural commodity 
        purchased under the Food Purchase and Distribution Program.
            (2) Exception.--Paragraph (1) shall not apply to the 
        purchase of an agricultural commodity made not less than 30 
        days after the date on which the Secretary submits to the 
        Committee on Agriculture of the House of Representatives and 
        the Committee on Agriculture, Nutrition, and Forestry of the 
        Senate a report that explains the reasons that meeting the 
        requirement under paragraph (1)--
                    (A) is not possible because the quantity of the 
                agricultural commodity available from domestically 
                owned enterprises cannot meet the supply needs of the 
                Agricultural Marketing Service; or
                    (B) would result in a greater than 150 percent 
                increase between--
                            (i) the amount necessary to purchase that 
                        agricultural commodity; and
                            (ii) the average cost of that agricultural 
                        commodity purchased by the Agricultural 
                        Marketing Service in the prior 3 years.
            (3) Publication of awards.--In publishing the awards made 
        to vendors under the purchase programs carried out by the 
        Agricultural Marketing Service, the Secretary shall include 
        whether the entity receiving such an award is a domestically 
        owned enterprise.
            (4) WTO obligations.--The Secretary shall carry out this 
        section consistent with World Trade Organization obligations of 
        the United States.
    (c) Report Required.--For each 90-day period during which the 
Secretary purchases 1 or more agricultural commodities as described in 
subsection (b), the Secretary shall submit to the appropriate 
committees of Congress a report that includes the amount of each 
agricultural commodity purchased during that period.
    (d) Sunset.--The authority under this section shall expire on 
September 30, 2023.
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