[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4971 Introduced in Senate (IS)]

<DOC>






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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