[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4971 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4971
To require the Secretary of Agriculture to establish an innovative
agricultural technology pilot program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2022
Mrs. Blackburn (for herself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to establish an innovative
agricultural technology pilot program, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Innovative
Agricultural Technology Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--INNOVATIVE AGRICULTURAL TECHNOLOGY PILOT PROGRAM
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Establishment.
Sec. 104. Applications.
Sec. 105. Testing of innovative agricultural technologies.
Sec. 106. Administration.
Sec. 107. Reports.
TITLE II--DISTRIBUTED LEDGER TECHNOLOGY APPLICATIONS IN AGRICULTURE
Sec. 201. Distributed ledger technology educational program.
Sec. 202. Study of distributed ledger technology applications in
agriculture.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--INNOVATIVE AGRICULTURAL TECHNOLOGY PILOT PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to establish a pilot program to enable
an eligible entity to obtain limited access to the market to test
innovative agricultural technologies without obtaining a license or
other authorization that may otherwise be required for those innovative
agricultural technologies.
SEC. 102. DEFINITIONS.
In this title:
(1) Consumer.--The term ``consumer'' means an entity that
purchases from an eligible entity a product or service relating
to an innovative agricultural technology under the pilot
program.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an individual who is a United States citizen
residing in the United States; and
(B) a United States corporation or other organized
entity--
(i) headquartered in the United States;
(ii) operating in the United States; and
(iii) with a physical presence, other than
that of a registered office or agent or virtual
mailbox, in the United States.
(3) Innovative agricultural technology.--The term
``innovative agricultural technology'' means a technological
innovation relating to agriculture in--
(A) Global Positioning System-based or geospatial
mapping;
(B) satellite or aerial imagery;
(C) yield monitoring;
(D) soil mapping;
(E) sensors for gathering data on crop, soil, or
livestock conditions;
(F) internet of things and telematics technologies;
(G) data management software and advanced
analytics;
(H) network connectivity products and solutions;
(I) Global Positioning System guidance or auto-
steer systems;
(J) supply chain platform technologies;
(K) distributed ledger technology applications for
tracing or sourcing agricultural products;
(L) financial technology products or services
specifically for agricultural producer credit and loan
opportunities;
(M) variable rate technology for applying inputs,
such as section control;
(N) nonfungible digital assets; and
(O) any other technology, as determined by the
Secretary.
(4) Pilot program.--The term ``pilot program'' means the
Innovative Agricultural Technology Pilot Program established
under section 103(a).
SEC. 103. ESTABLISHMENT.
(a) In General.--The Secretary shall establish a pilot program, to
be known as the ``Innovative Agricultural Technology Pilot Program''.
(b) Consultation.--
(1) In general.--In carrying out the pilot program, the
Secretary shall consult with the Secretary of Labor, the
Secretary of Transportation, the Administrator of the
Environmental Protection Agency, the Federal Communications
Commission, and applicable State agencies.
(2) Federal communications commission.--The Federal
Communications Commission shall advise the Secretary regarding
any products or services relating to innovative agricultural
technologies that would need approval, including preliminary
approval, of the Federal Communications Commission to be tested
under the pilot program.
SEC. 104. APPLICATIONS.
(a) In General.--An eligible entity shall apply to participate in
the pilot program by submitting to the Secretary an application at such
time and in such manner as the Secretary may require.
(b) Inclusions.--An application submitted under subsection (a)
shall include--
(1) contact information for the eligible entity;
(2) any provisions of law (including regulations) that the
eligible entity seeks to make inapplicable with respect to the
innovative agricultural technology to be tested because that
innovative agricultural technology was not considered when the
provision of law was enacted or promulgated;
(3) a description of the innovative agricultural technology
to be tested, including--
(A) the means by which the innovative agricultural
technology would benefit consumers;
(B) the means by which the innovative agricultural
technology would aim to reduce costs to consumers;
(C) the means by which the innovative agricultural
technology is different from other technologies in
operation; and
(D) if the innovative agricultural technology
involves the use of software, hardware, or other
technology developed for the purpose of implementing or
operating the innovative agricultural technology, a
detailed description of the operation and general
content of the software, hardware, or other technology;
(4) a description of the proposed plan of the eligible
entity for testing the innovative agricultural technology,
including estimated time periods for market entry and market
exit;
(5) the means by which the eligible entity will wind down
the testing and protect consumers if the testing fails to
comply with the terms of the pilot program;
(6) sufficient information to demonstrate that the eligible
entity has--
(A) an adequate understanding of the innovative
agricultural technology; and
(B) a sufficient plant to test, monitor, and assess
the innovative agricultural technology while ensuring
consumers are protected from harm;
(7) a description of the potential risk to consumers during
testing of the innovative agricultural technology and the
methods that will be used to protect consumers and resolve
complaints during the period of testing; and
(8) a description of the availability to the eligible
entity of the necessary personnel and adequate financial and
technical expertise to carry out testing of the innovative
agricultural technology.
(c) Additional Information.--The Secretary may request the
submission of such additional information by the eligible entity as the
Secretary determines to be reasonably necessary to evaluate an
application submitted under subsection (a).
(d) Application Fee.--The Secretary shall collect from an eligible
entity that submits an application under subsection (a) a $500 fee for
each application submitted.
(e) Consultation.--
(1) Prior to submission.--An eligible entity may contact
and consult with staff of the Department of Agriculture before
submitting an application under subsection (a).
(2) Agencies.--The Secretary may consult with applicable
agencies before approving or denying an application submitted
under subsection (a).
(f) Approval or Denial.--
(1) Deadline.--Not later than 90 days after the date on
which the Secretary receives an application submitted under
subsection (a), the Secretary shall notify the applicable
eligible entity whether the application is approved or denied.
(2) Requirements.--The Secretary shall not approve an
application submitted under subsection (a) unless the Secretary
determines, in the sole discretion of the Secretary, that the
applicable eligible entity has demonstrated that--
(A) the eligible entity--
(i) has an adequate understanding of the
applicable innovative agricultural technology;
(ii) is financially responsible; and
(iii) has an adequate plan to test,
monitor, and assess the innovative agricultural
technology; and
(B) the health, safety, privacy, and security of
consumers will be adequately protected in the testing
of the applicable innovative agricultural technology.
(3) Consideration.--In reviewing an application submitted
under subsection (a), the Secretary shall consider whether a
competitor to the applicable eligible entity is, or has been, a
successful participant in the pilot program.
SEC. 105. TESTING OF INNOVATIVE AGRICULTURAL TECHNOLOGIES.
(a) In General.--On approval of an application under section 104--
(1) the applicable eligible entity shall become a
participant in the pilot program;
(2) the Secretary shall certify the provisions of law
(including regulations) to which the eligible entity and the
applicable innovative agricultural technology would ordinarily
be subject but to which the eligible entity and the applicable
innovative agricultural technology is not subject during the
participation of the eligible entity in the pilot program; and
(3) during the participation of the eligible entity in the
pilot program, the eligible entity and the applicable
innovative agricultural technology shall not be subject to the
provisions of law (including regulations) certified by the
Secretary under paragraph (2).
(b) Duration.--Except as provided in subsections (g) and (h)(2),
the period of participation in the pilot program shall be 4 years
beginning on the date on which the applicable application is approved
under section 104.
(c) Requirements of Consumers.--
(1) Agreements.--To participate in testing of an innovative
agricultural technology under the pilot program, a consumer
shall enter into an agreement with the Secretary.
(2) Residency.--A consumer participating in testing of an
innovative agricultural technology under the pilot program
shall be a United States citizen residing in the United States.
(3) Limitation.--Not more than 25,000 consumers may enter
into an agreement to test each innovative agricultural
technology under the pilot program.
(d) Disclosures to Consumers.--
(1) In general.--An eligible entity shall provide to a
consumer participating in testing of any product or service
relating to an innovative agricultural technology under the
pilot program the following information:
(A) The name and contact information of the
eligible entity.
(B) A disclosure that--
(i) the Secretary has authorized the
product or service to be made available to
consumers for a temporary period;
(ii) the product or service may not be
required to comply with all statutory and
regulatory requirements;
(iii) the Secretary does not endorse,
warrant, or recommend to consumers the product
or service; and
(iv) the product or service--
(I) is undergoing testing under the
pilot program;
(II) may be discontinued at the end
of the testing period;
(III) may not function as intended;
and
(IV) may entail financial risk.
(C) The expected end date of the period of testing
of the product or service.
(D) The contact information, including a telephone
number, website, and appropriate email address of the
Department of Agriculture, which the consumer may use
to file a complaint relating to the product or service.
(E) Such additional information as the Secretary
may require.
(2) Manner and timing of disclosure.--The information
described in paragraph (1) shall be provided--
(A) in writing;
(B) in such format as the Secretary may require;
and
(C) before the consumer purchases, receives, or
uses any product or service under the pilot program.
(e) Loans.--An eligible entity participating in the pilot program
may provide a loan to a consumer in an amount that is not more than
$75,000.
(f) Liability in Case of Bodily Harm.--If a consumer experiences
bodily harm caused by a product or service during testing under the
pilot program, notwithstanding subsection (a)(3), the Secretary may
impose liability under any provision of law to which the applicable
eligible entity and the applicable innovative agricultural technology
are made not subject under that subsection.
(g) Suspension or Termination of Participation.--The Secretary may
suspend or terminate the participation of an eligible entity in the
pilot program, at any time, if the Secretary determines that--
(1) the eligible entity made a material error, false
statement, misrepresentation, or material omission in the
application submitted under section 104(a);
(2) the applicable innovative agricultural technology is
endangering consumers; or
(3) the eligible entity has violated the conditions of
participation in the pilot program.
(h) Expiration or Extension of Testing.--
(1) In general.--Not later than 1 month before the
expiration of the period of participation of an eligible entity
in the pilot program described in subsection (b), the eligible
entity shall--
(A) notify the Secretary that the eligible entity
will exit the market with respect to the applicable
innovative agricultural technology at the expiration of
the period of participation;
(B) seek an extension in accordance with paragraph
(2); or
(C) notify the Secretary that the eligible entity
is seeking a license or other required authorization to
remain in the market with respect to the applicable
innovative agricultural technology.
(2) Extensions.--
(A) In general.--An eligible entity participating
in the pilot program may submit to the Secretary a
request for not more than 1 extension of participation
of not longer than 2 years to conduct additional
testing or pursue a license or other required
authorization to remain in the market with respect to
the applicable innovative agricultural technology.
(B) Inclusions.--A request submitted under
subparagraph (A) shall include a detailed description
of the results of testing under the initial testing
period, including--
(i) a description of how the applicable
innovative agricultural technology--
(I) added value to consumers;
(II) was economically viable for
consumers;
(III) brought new and reasonably
priced technology to consumers;
(IV) did not pose an unreasonable
risk of harm to consumers; and
(V) provided consumers protection;
(ii) a description of statutory and
regulatory issues that continue to limit the
applicable innovative agricultural technology
from being used, issued, sold, solicited,
distributed, or advertised in the market;
(iii) a description of how the applicable
innovative agricultural technology is
functioning in the market and the manner in
which the applicable innovative agricultural
technology is offered or provided;
(iv) a log of consumer complaints relating
to testing of the applicable innovative
agricultural technology and a description of
the process for addressing those consumer
complaints; and
(v) such other information as the Secretary
may require.
(C) Application fee.--The Secretary shall collect
from an eligible entity that submits a request under
subparagraph (A) a $250 fee for each request submitted.
(D) Approval or denial.--The Secretary, in the sole
discretion of the Secretary, shall approve or deny a
request submitted under subparagraph (A).
(3) Continuing obligations.--If testing under the pilot
program includes products or services that require an eligible
entity to fulfill obligations to a consumer after the
expiration of the period of testing under the pilot program,
such as servicing of a loan, that expiration shall not relieve
the eligible entity of those obligations.
SEC. 106. ADMINISTRATION.
(a) Recordkeeping.--An eligible entity participating in the pilot
program shall--
(1) retain records, documents, and data produced in the
ordinary course of business regarding an innovative
agricultural technology tested under the pilot program; and
(2) make, maintain, and preserve books and records in
accordance with regulations promulgated by the Secretary to
carry out this paragraph.
(b) Confidentiality.--
(1) Definition of records.--In this subsection, the term
``records'' means application materials, documents, and other
records submitted to or obtained by the Secretary in
administering the pilot program.
(2) Privacy.--Records shall not be public records or open
to inspection by the public.
(3) Proprietary records.--Records, other than application
materials, shall be considered to be proprietary and contain
trade secrets.
(4) Legal action.--Notwithstanding paragraphs (2) and (3),
the Secretary may use records in furtherance of regulatory or
legal action brought as part of the official duties of the
Secretary.
(5) Liability.--The Secretary or a person acting under the
authority of the Secretary who receives or views records shall
not be liable for the information or data received or viewed.
(6) Effect.--Nothing in this subsection prevents the
disclosure of information that is admissible as evidence in a
civil or criminal proceeding brought by a Federal agency to
enforce or prosecute a civil or criminal violation of law.
SEC. 107. REPORTS.
(a) Reports to the Secretary.--
(1) In general.--Every 180 days, an eligible entity
participating in the pilot program shall submit to the
Secretary a report in such form as the Secretary may require
that contains the following information:
(A) The period of time that the eligible entity has
been marketing the applicable innovative agricultural
technology to consumers.
(B) The successes, or failures, of the applicable
innovative agricultural technology.
(C) The challenges, and potential future
challenges, of the applicable innovative agricultural
technology.
(D) The number of consumers who have received any
product or service relating to the applicable
innovative agricultural technology.
(E) The means by which the eligible entity has
worked to ensure the health, safety, security, and
privacy of consumers have been protected.
(F) Any other information the Secretary may
require.
(2) Failure of compliance.--If an innovative agricultural
technology tested under the pilot program fails to comply with
any requirements of the pilot program before the expiration of
the testing period, the applicable eligible entity shall--
(A) notify the Secretary of that failure; and
(B) submit to the Secretary a report describing
actions taken to ensure consumers have not been harmed
as a result of that failure.
(b) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Secretary shall
submit to the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the House of Representatives
a report describing--
(1) the pilot program, including recommendations relating
to the pilot program; and
(2) any provisions of law (including regulations) that
hinder innovation in agriculture.
TITLE II--DISTRIBUTED LEDGER TECHNOLOGY APPLICATIONS IN AGRICULTURE
SEC. 201. DISTRIBUTED LEDGER TECHNOLOGY EDUCATIONAL PROGRAM.
(a) In General.--Not later than January 1, 2024, the Secretary
shall establish an online program that teaches agricultural producers--
(1) the benefits of implementing distributed ledger
technology in agricultural production, distribution, and sales;
(2) the different distributed ledger technology programs
that exist for agricultural producers; and
(3) the requirements to begin using a distributed ledger
technology program for agricultural producers.
(b) Consultation.--In developing the program under this section,
the Secretary shall consult with distributed ledger technology experts
in the agricultural industry.
(c) Outreach.--The Secretary shall publicize, and encourage
agricultural producers to participate in, the program under this
section.
(d) Termination.--This section shall cease to have effect on July
1, 2030.
SEC. 202. STUDY OF DISTRIBUTED LEDGER TECHNOLOGY APPLICATIONS IN
AGRICULTURE.
(a) In General.--The Secretary, in coordination with such other
relevant Federal agencies as the Secretary determines to be
appropriate, shall conduct a study to identify potential applications
for distributed ledger technology in agricultural operations.
(b) Inclusions.--The study conducted under subsection (a) shall
include an examination of--
(1) how distributed ledger technology can be used to trace
the origin of a product;
(2) the potential use of distributed ledger technology to
monitor farm conditions;
(3) the potential use of distributed ledger technology for
maintenance records of production and transportation equipment;
(4) implementing the use of distributed ledger technology
for data verification and certification;
(5) the potential use of distributed ledger technology for
tracking and ordering supplies;
(6) the potential use of distributed ledger technology as a
tool for asset exchange, including payments for sales and
storage of products and equipment; and
(7) such other matters as the Secretary determines to be
appropriate.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in coordination with the other relevant
Federal agencies described in subsection (a), shall submit a report
containing the findings and recommendations of the study conducted
under that subsection to--
(1) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(2) the Committee on Commerce, Science, and Transportation
of the Senate;
(3) the Committee on Agriculture of the House of
Representatives; and
(4) the Committee on Energy and Commerce of the House of
Representatives.
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