,,ii #aagth ,,congress #b;d ,session ,s4 #diga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjbb,mrs4 ,blackburn 7for herself and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to require the ,secretary of ,agriculture to establish an innovative agricultural technology pilot program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,innovative ,agricultural ,technology ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definition of ,secretary4,,title ,i--,innovative ,agricultural ,technology ,pilot ,program,sec4 #aja4 ,purpose4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,establishment4,sec4 #ajd4 ,applications4,sec4 #aje4 ,testing of innovative agricultural technologies4,sec4 #ajf4 ,administration4,sec4 #ajg4 ,reports4,,title ,,ii--,distributed ledger technology applications in agriculture,sec4 #bja4 ,distributed ledger technology educational program4,sec4 #bjb4 ,study of distributed ledger technology applications in agriculture4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 ,i ,innovative ,agricultural ,technology ,pilot ,program #aja4 ,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 technologies4 #ajb4 ,definitions ,in this title3 7#a7 ,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 program4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an individual who is a ,united ,states citizen residing in the ,united ,states2 and 7,b7 a ,united ,states corporation or other organized entity-- 7i7 headquartered in the ,united ,states2 7ii7 operating in the ,united ,states2 and 7iii7 with a physical presence1 other than that of a registered office or agent or virtual mailbox1 in the ,united ,states4 7#c7 ,innovative agricultural technology ,the term innovative agricultural technology means a technological innovation relating to agriculture in-- 7,a7 ,global ,positioning ,system-based or geospatial mapping2 7,b7 satellite or aerial imagery2 7,c7 yield monitoring2 7,d7 soil mapping2 7,e7 sensors for gathering data on crop1 soil1 or livestock conditions2 7,f7 internet of things and telematics technologies2 7,g7 data management software and advanced analytics2 7,h7 network connectivity products and solutions2 7,i7 ,global ,positioning ,system guidance or auto-steer systems2 7,j7 supply chain platform technologies2 7,k7 distributed ledger technology applications for tracing or sourcing agricultural products2 7,l7 financial technology products or services specifically for agricultural producer credit and loan opportunities2 7,m7 variable rate technology for applying inputs1 such as section control2 7,n7 nonfungible digital assets2 and 7,o7 any other technology1 as determined by the ,secretary4 7#d7 ,pilot program ,the term pilot program means the ,innovative ,agricultural ,technology ,pilot ,program established under section #ajc7;a74 #ajc4 ,establishment 7a7 ,in general ,the ,secretary shall establish a pilot program1 to be known as the ,innovative ,agricultural ,technology ,pilot ,program4 7b7 ,consultation 7#a7 ,in general ,in carrying out the pilot program1 the ,secretary shall consult with the ,secretary of ,labor1 the ,secretary of ,transportation1 the ,administrator of the ,environmental ,protection ,agency1 the ,federal ,communications ,commission1 and applicable ,state agencies4 7#b7 ,federal ,communications ,commission ,the ,federal ,communications ,commission shall advise the ,secretary regarding any products or services relating to innovative agricultural technologies that would need approval1 including preliminary approval1 of the ,federal ,communications ,commission to be tested under the pilot program4 #ajd4 ,applications 7a7 ,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 require4 7b7 ,inclusions ,an application submitted under subsection 7a7 shall include-- 7#a7 contact information for the eligible entity2 7#b7 any provisions of law 7including regulations7 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 promulgated2 7#c7 a description of the innovative agricultural technology to be tested1 including-- 7,a7 the means by which the innovative agricultural technology would benefit consumers2 7,b7 the means by which the innovative agricultural technology would aim to reduce costs to consumers2 7,c7 the means by which the innovative agricultural technology is different from other technologies in operation2 and 7,d7 if the innovative agricultural technology involves the use of software1 hardware1 or other technology developed for the purpose of implementing or operating the innovative agricultural technology1 a detailed description of the operation and general content of the software1 hardware1 or other technology2 7#d7 a description of the proposed plan of the eligible entity for testing the innovative agricultural technology1 including estimated time periods for market entry and market exit2 7#e7 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 program2 7#f7 sufficient information to demonstrate that the eligible entity has-- 7,a7 an adequate understanding of the innovative agricultural technology2 and 7,b7 a sufficient plant to test1 monitor1 and assess the innovative agricultural technology while ensuring consumers are protected from harm2 7#g7 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 testing2 and 7#h7 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 technology4 7c7 ,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 7a74 7d7 ,application fee ,the ,secretary shall collect from an eligible entity that submits an application under subsection 7a7 a #ejj fee for each application submitted4 7e7 ,consultation 7#a7 ,prior to submission ,an eligible entity may contact and consult with staff of the ,department of ,agriculture before submitting an application under subsection 7a74 7#b7 ,agencies ,the ,secretary may consult with applicable agencies before approving or denying an application submitted under subsection 7a74 7f7 ,approval or denial 7#a7 ,deadline ,not later than #ij days after the date on which the ,secretary receives an application submitted under subsection 7a71 the ,secretary shall notify the applicable eligible entity whether the application is approved or denied4 7#b7 ,requirements ,the ,secretary shall not approve an application submitted under subsection 7a7 unless the ,secretary determines1 in the sole discretion of the ,secretary1 that the applicable eligible entity has demonstrated that-- 7,a7 the eligible entity-- 7i7 has an adequate understanding of the applicable innovative agricultural technology2 7ii7 is financially responsible2 and 7iii7 has an adequate plan to test1 monitor1 and assess the innovative agricultural technology2 and 7,b7 the health1 safety1 privacy1 and security of consumers will be adequately protected in the testing of the applicable innovative agricultural technology4 7#c7 ,consideration ,in reviewing an application submitted under subsection 7a71 the ,secretary shall consider whether a competitor to the applicable eligible entity is1 or has been1 a successful participant in the pilot program4 #aje4 ,testing of innovative agricultural technologies 7a7 ,in general ,on approval of an application under section #ajd-- 7#a7 the applicable eligible entity shall become a participant in the pilot program2 7#b7 the ,secretary shall certify the provisions of law 7including regulations7 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 program2 and 7#c7 during the participation of the eligible entity in the pilot program1 the eligible entity and the applicable innovative agricultural technology shall not be subject to the provisions of law 7including regulations7 certified by the ,secretary under paragraph 7#b74 7b7 ,duration ,except as provided in subsections 7g7 and 7h77#b71 the period of participation in the pilot program shall be #d years beginning on the date on which the applicable application is approved under section #ajd4 7c7 ,requirements of consumers 7#a7 ,agreements ,to participate in testing of an innovative agricultural technology under the pilot program1 a consumer shall enter into an agreement with the ,secretary4 7#b7 ,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 ,states4 7#c7 ,limitation ,not more than #be1jjj consumers may enter into an agreement to test each innovative agricultural technology under the pilot program4 7d7 ,disclosures to consumers 7#a7 ,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 information3 7,a7 ,the name and contact information of the eligible entity4 7,b7 ,a disclosure that-- 7i7 the ,secretary has authorized the product or service to be made available to consumers for a temporary period2 7ii7 the product or service may not be required to comply with all statutory and regulatory requirements2 7iii7 the ,secretary does not endorse1 warrant1 or recommend to consumers the product or service2 and 7iv7 the product or service-- 7,i7 is undergoing testing under the pilot program2 7,,ii7 may be discontinued at the end of the testing period2 7,,iii7 may not function as intended2 and 7,,iv7 may entail financial risk4 7,c7 ,the expected end date of the period of testing of the product or service4 7,d7 ,the contact information1 including a telephone number1 website1 and appropriate email address of the ,department of ,agriculture1 which the consumer may use to file a complaint relating to the product or service4 7,e7 ,such additional information as the ,secretary may require4 7#b7 ,manner and timing of disclosure ,the information described in paragraph 7#a7 shall be provided-- 7,a7 in writing2 7,b7 in such format as the ,secretary may require2 and 7,c7 before the consumer purchases1 receives1 or uses any product or service under the pilot program4 7e7 ,loans ,an eligible entity participating in the pilot program may provide a loan to a consumer in an amount that is not more than #ge1jjj4 7f7 ,liability in case of bodily harm ,if a consumer experiences bodily harm caused by a product or service during testing under the pilot program1 notwithstanding subsection 7a77#c71 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 subsection4 7g7 ,suspension or termination of participation ,the ,secretary may suspend or terminate the participation of an eligible entity in the pilot program1 at any time1 if the ,secretary determines that-- 7#a7 the eligible entity made a material error1 false statement1 misrepresentation1 or material omission in the application submitted under section #ajd7;a72 7#b7 the applicable innovative agricultural technology is endangering consumers2 or 7#c7 the eligible entity has violated the conditions of participation in the pilot program4 7h7 ,expiration or extension of testing 7#a7 ,in general ,not later than #a month before the expiration of the period of participation of an eligible entity in the pilot program described in subsection 7b71 the eligible entity shall-- 7,a7 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 participation2 7,b7 seek an extension in accordance with paragraph 7#b72 or 7,c7 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 technology4 7#b7 ,extensions 7,a7 ,in general ,an eligible entity participating in the pilot program may submit to the ,secretary a request for not more than #a extension of participation of not longer than #b 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 technology4 7,b7 ,inclusions ,a request submitted under subparagraph 7,a7 shall include a detailed description of the results of testing under the initial testing period1 including-- 7i7 a description of how the applicable innovative agricultural technology-- 7,i7 added value to consumers2 7,,ii7 was economically viable for consumers2 7,,iii7 brought new and reasonably priced technology to consumers2 7,,iv7 did not pose an unreasonable risk of harm to consumers2 and 7,v7 provided consumers protection2 7ii7 a description of statutory and regulatory issues that continue to limit the applicable innovative agricultural technology from being used1 issued1 sold1 solicited1 distributed1 or advertised in the market2 7iii7 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 provided2 7iv7 a log of consumer complaints relating to testing of the applicable innovative agricultural technology and a description of the process for addressing those consumer complaints2 and 7v7 such other information as the ,secretary may require4 7,c7 ,application fee ,the ,secretary shall collect from an eligible entity that submits a request under subparagraph 7,a7 a #bej fee for each request submitted4 7,d7 ,approval or denial ,the ,secretary1 in the sole discretion of the ,secretary1 shall approve or deny a request submitted under subparagraph 7,a74 7#c7 ,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 program1 such as servicing of a loan1 that expiration shall not relieve the eligible entity of those obligations4 #ajf4 ,administration 7a7 ,recordkeeping ,an eligible entity participating in the pilot program shall-- 7#a7 retain records1 documents1 and data produced in the ordinary course of business regarding an innovative agricultural technology tested under the pilot program2 and 7#b7 make1 maintain1 and preserve books and records in accordance with regulations promulgated by the ,secretary to carry out this paragraph4 7b7 ,confidentiality 7#a7 ,definition of records ,in this subsection1 the term records means application materials1 documents1 and other records submitted to or obtained by the ,secretary in administering the pilot program4 7#b7 ,privacy ,records shall not be public records or open to inspection by the public4 7#c7 ,proprietary records ,records1 other than application materials1 shall be considered to be proprietary and contain trade secrets4 7#d7 ,legal action ,notwithstanding paragraphs 7#b7 and 7#c71 the ,secretary may use records in furtherance of regulatory or legal action brought as part of the official duties of the ,secretary4 7#e7 ,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 viewed4 7#f7 ,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 law4 #ajg4 ,reports 7a7 ,reports to the ,secretary 7#a7 ,in general ,every #ahj days1 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 information3 7,a7 ,the period of time that the eligible entity has been marketing the applicable innovative agricultural technology to consumers4 7,b7 ,the successes1 or failures1 of the applicable innovative agricultural technology4 7,c7 ,the challenges1 and potential future challenges1 of the applicable innovative agricultural technology4 7,d7 ,the number of consumers who have received any product or service relating to the applicable innovative agricultural technology4 7,e7 ,the means by which the eligible entity has worked to ensure the health1 safety1 security1 and privacy of consumers have been protected4 7,f7 ,any other information the ,secretary may require4 7#b7 ,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 period1 the applicable eligible entity shall-- 7,a7 notify the ,secretary of that failure2 and 7,b7 submit to the ,secretary a report describing actions taken to ensure consumers have not been harmed as a result of that failure4 7b7 ,reports to ,congress ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report describing-- 7#a7 the pilot program1 including recommendations relating to the pilot program2 and 7#b7 any provisions of law 7including regulations7 that hinder innovation in agriculture4 ,,ii ,distributed ledger technology applications in agriculture #bja4 ,distributed ledger technology educational program 7a7 ,in general ,not later than ,january #a1 #bjbd1 the ,secretary shall establish an online program that teaches agricultural producers-- 7#a7 the benefits of implementing distributed ledger technology in agricultural production1 distribution1 and sales2 7#b7 the different distributed ledger technology programs that exist for agricultural producers2 and 7#c7 the requirements to begin using a distributed ledger technology program for agricultural producers4 7b7 ,consultation ,in developing the program under this section1 the ,secretary shall consult with distributed ledger technology experts in the agricultural industry4 7c7 ,outreach ,the ,secretary shall publicize1 and encourage agricultural producers to participate in1 the program under this section4 7d7 ,termination ,this section shall cease to have effect on ,july #a1 #bjcj4 #bjb4 ,study of distributed ledger technology applications in agriculture 7a7 ,in general ,the ,secretary1 in coordination with such other relevant ,federal agencies as the ,secretary determines to be appropriate1 shall conduct a study to identify potential applications for distributed ledger technology in agricultural operations4 7b7 ,inclusions ,the study conducted under subsection 7a7 shall include an examination of-- 7#a7 how distributed ledger technology can be used to trace the origin of a product2 7#b7 the potential use of distributed ledger technology to monitor farm conditions2 7#c7 the potential use of distributed ledger technology for maintenance records of production and transportation equipment2 7#d7 implementing the use of distributed ledger technology for data verification and certification2 7#e7 the potential use of distributed ledger technology for tracking and ordering supplies2 7#f7 the potential use of distributed ledger technology as a tool for asset exchange1 including payments for sales and storage of products and equipment2 and 7#g7 such other matters as the ,secretary determines to be appropriate4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the other relevant ,federal agencies described in subsection 7a71 shall submit a report containing the findings and recommendations of the study conducted under that subsection to-- 7#a7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#c7 the ,committee on ,agriculture of the ,house of ,representatives2 and 7#d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4