II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Innovative Agricultural Technology Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 


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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. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 

4 TITLE I—INNOVATIVE AGRICUL5 TURAL TECHNOLOGY PILOT 

6 PROGRAM 

7 SEC. 101. PURPOSE. 

8 The purpose of this title is to establish a pilot pro9 gram to enable an eligible entity to obtain limited access 

10 to the market to test innovative agricultural technologies 

11 without obtaining a license or other authorization that 

12 may otherwise be required for those innovative agricul13 tural technologies. 

14 SEC. 102. DEFINITIONS. 

15 In this title: 

16 (1) CONSUMER.—The term ‘‘consumer’’ means 

17 an entity that purchases from an eligible entity a 


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1 product or service relating to an innovative agricul2 tural technology under the pilot program. 

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means— 

5 (A) an individual who is a United States 

6 citizen residing in the United States; and 

7 (B) a United States corporation or other 

8 organized entity— 

9 (i) headquartered in the United 

10 States; 

11 (ii) operating in the United States; 

12 and 

13 (iii) with a physical presence, other 

14 than that of a registered office or agent or 

15 virtual mailbox, in the United States. 

16 (3) INNOVATIVE AGRICULTURAL TECH17 NOLOGY.—The term ‘‘innovative agricultural tech18 nology’’ means a technological innovation relating to 

19 agriculture in— 

20 (A) Global Positioning System-based or 

21 geospatial mapping; 

22 (B) satellite or aerial imagery; 

23 (C) yield monitoring; 

24 (D) soil mapping; 


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1 (E) sensors for gathering data on crop, 

2 soil, or livestock conditions; 

3 (F) internet of things and telematics tech4 nologies; 

5 (G) data management software and ad6 vanced analytics; 

7 (H) network connectivity products and so8 lutions; 

9 (I) Global Positioning System guidance or 

10 auto-steer systems; 

11 (J) supply chain platform technologies; 

12 (K) distributed ledger technology applica13 tions for tracing or sourcing agricultural prod14 ucts; 

15 (L) financial technology products or serv16 ices specifically for agricultural producer credit 

17 and loan opportunities; 

18 (M) variable rate technology for applying 

19 inputs, such as section control; 

20 (N) nonfungible digital assets; and 

21 (O) any other technology, as determined by 

22 the Secretary. 

23 (4) PILOT PROGRAM.—The term ‘‘pilot pro24 gram’’ means the Innovative Agricultural TechVerDate Sep 11 2014 00:44 Oct 07, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4971.IS S4971

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1 nology Pilot Program established under section 

2 103(a). 

3 SEC. 103. ESTABLISHMENT. 

4 (a) IN GENERAL.—The Secretary shall establish a 

5 pilot program, to be known as the ‘‘Innovative Agricul6 tural Technology Pilot Program’’. 

7 (b) CONSULTATION.— 

8 (1) IN GENERAL.—In carrying out the pilot 

9 program, the Secretary shall consult with the Sec10 retary of Labor, the Secretary of Transportation, 

11 the Administrator of the Environmental Protection 

12 Agency, the Federal Communications Commission, 

13 and applicable State agencies. 

14 (2) FEDERAL COMMUNICATIONS COMMISSION.— 

15 The Federal Communications Commission shall ad16 vise the Secretary regarding any products or services 

17 relating to innovative agricultural technologies that 

18 would need approval, including preliminary approval, 

19 of the Federal Communications Commission to be 

20 tested under the pilot program. 

21 SEC. 104. APPLICATIONS. 

22 (a) IN GENERAL.—An eligible entity shall apply to 

23 participate in the pilot program by submitting to the Sec24 retary an application at such time and in such manner 

25 as the Secretary may require. 


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1 (b) INCLUSIONS.—An application submitted under 

2 subsection (a) shall include— 

3 (1) contact information for the eligible entity; 

4 (2) any provisions of law (including regulations) 

5 that the eligible entity seeks to make inapplicable 

6 with respect to the innovative agricultural technology 

7 to be tested because that innovative agricultural 

8 technology was not considered when the provision of 

9 law was enacted or promulgated; 

10 (3) a description of the innovative agricultural 

11 technology to be tested, including— 

12 (A) the means by which the innovative ag13 ricultural technology would benefit consumers; 

14 (B) the means by which the innovative ag15 ricultural technology would aim to reduce costs 

16 to consumers; 

17 (C) the means by which the innovative ag18 ricultural technology is different from other 

19 technologies in operation; and 

20 (D) if the innovative agricultural tech21 nology involves the use of software, hardware, 

22 or other technology developed for the purpose of 

23 implementing or operating the innovative agri24 cultural technology, a detailed description of the 


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1 operation and general content of the software, 

2 hardware, or other technology; 

3 (4) a description of the proposed plan of the eli4 gible entity for testing the innovative agricultural 

5 technology, including estimated time periods for 

6 market entry and market exit; 

7 (5) the means by which the eligible entity will 

8 wind down the testing and protect consumers if the 

9 testing fails to comply with the terms of the pilot 

10 program; 

11 (6) sufficient information to demonstrate that 

12 the eligible entity has— 

13 (A) an adequate understanding of the in14 novative agricultural technology; and 

15 (B) a sufficient plant to test, monitor, and 

16 assess the innovative agricultural technology 

17 while ensuring consumers are protected from 

18 harm; 

19 (7) a description of the potential risk to con20 sumers during testing of the innovative agricultural 

21 technology and the methods that will be used to pro22 tect consumers and resolve complaints during the 

23 period of testing; and 

24 (8) a description of the availability to the eligi25 ble entity of the necessary personnel and adequate 


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1 financial and technical expertise to carry out testing 

2 of the innovative agricultural technology. 

3 (c) ADDITIONAL INFORMATION.—The Secretary may 

4 request the submission of such additional information by 

5 the eligible entity as the Secretary determines to be rea6 sonably necessary to evaluate an application submitted 

7 under subsection (a). 

8 (d) APPLICATION FEE.—The Secretary shall collect 

9 from an eligible entity that submits an application under 

10 subsection (a) a $500 fee for each application submitted. 

11 (e) CONSULTATION.— 

12 (1) PRIOR TO SUBMISSION.—An eligible entity 

13 may contact and consult with staff of the Depart14 ment of Agriculture before submitting an application 

15 under subsection (a). 

16 (2) AGENCIES.—The Secretary may consult 

17 with applicable agencies before approving or denying 

18 an application submitted under subsection (a). 

19 (f) APPROVAL OR DENIAL.— 

20 (1) DEADLINE.—Not later than 90 days after 

21 the date on which the Secretary receives an applica22 tion submitted under subsection (a), the Secretary 

23 shall notify the applicable eligible entity whether the 

24 application is approved or denied. 


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1 (2) REQUIREMENTS.—The Secretary shall not 

2 approve an application submitted under subsection 

3 (a) unless the Secretary determines, in the sole dis4 cretion of the Secretary, that the applicable eligible 

5 entity has demonstrated that— 

6 (A) the eligible entity— 

7 (i) has an adequate understanding of 

8 the applicable innovative agricultural tech9 nology; 

10 (ii) is financially responsible; and 

11 (iii) has an adequate plan to test, 

12 monitor, and assess the innovative agricul13 tural technology; and 

14 (B) the health, safety, privacy, and secu15 rity of consumers will be adequately protected 

16 in the testing of the applicable innovative agri17 cultural technology. 

18 (3) CONSIDERATION.—In reviewing an applica19 tion submitted under subsection (a), the Secretary 

20 shall consider whether a competitor to the applicable 

21 eligible entity is, or has been, a successful partici22 pant in the pilot program. 


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1 SEC. 105. TESTING OF INNOVATIVE AGRICULTURAL TECH2 NOLOGIES. 

3 (a) IN GENERAL.—On approval of an application 

4 under section 104— 

5 (1) the applicable eligible entity shall become a 

6 participant in the pilot program; 

7 (2) the Secretary shall certify the provisions of 

8 law (including regulations) to which the eligible enti9 ty and the applicable innovative agricultural tech10 nology would ordinarily be subject but to which the 

11 eligible entity and the applicable innovative agricul12 tural technology is not subject during the participa13 tion of the eligible entity in the pilot program; and 

14 (3) during the participation of the eligible enti15 ty in the pilot program, the eligible entity and the 

16 applicable innovative agricultural technology shall 

17 not be subject to the provisions of law (including 

18 regulations) certified by the Secretary under para19 graph (2). 

20 (b) DURATION.—Except as provided in subsections 

21 (g) and (h)(2), the period of participation in the pilot pro22 gram shall be 4 years beginning on the date on which the 

23 applicable application is approved under section 104. 

24 (c) REQUIREMENTS OF CONSUMERS.— 

25 (1) AGREEMENTS.—To participate in testing of 

26 an innovative agricultural technology under the pilot 


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1 program, a consumer shall enter into an agreement 

2 with the Secretary. 

3 (2) RESIDENCY.—A consumer participating in 

4 testing of an innovative agricultural technology 

5 under the pilot program shall be a United States cit6 izen residing in the United States. 

7 (3) LIMITATION.—Not more than 25,000 con8 sumers may enter into an agreement to test each in9 novative agricultural technology under the pilot pro10 gram. 

11 (d) DISCLOSURES TO CONSUMERS.— 

12 (1) IN GENERAL.—An eligible entity shall pro13 vide to a consumer participating in testing of any 

14 product or service relating to an innovative agricul15 tural technology under the pilot program the fol16 lowing information: 

17 (A) The name and contact information of 

18 the eligible entity. 

19 (B) A disclosure that— 

20 (i) the Secretary has authorized the 

21 product or service to be made available to 

22 consumers for a temporary period; 

23 (ii) the product or service may not be 

24 required to comply with all statutory and 

25 regulatory requirements; 


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1 (iii) the Secretary does not endorse, 

2 warrant, or recommend to consumers the 

3 product or service; and 

4 (iv) the product or service— 

5 (I) is undergoing testing under 

6 the pilot program; 

7 (II) may be discontinued at the 

8 end of the testing period; 

9 (III) may not function as in10 tended; and 

11 (IV) may entail financial risk. 

12 (C) The expected end date of the period of 

13 testing of the product or service. 

14 (D) The contact information, including a 

15 telephone number, website, and appropriate 

16 email address of the Department of Agriculture, 

17 which the consumer may use to file a complaint 

18 relating to the product or service. 

19 (E) Such additional information as the 

20 Secretary may require. 

21 (2) MANNER AND TIMING OF DISCLOSURE.— 

22 The information described in paragraph (1) shall be 

23 provided— 

24 (A) in writing; 


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1 (B) in such format as the Secretary may 

2 require; and 

3 (C) before the consumer purchases, re4 ceives, or uses any product or service under the 

5 pilot program. 

6 (e) LOANS.—An eligible entity participating in the 

7 pilot program may provide a loan to a consumer in an 

8 amount that is not more than $75,000. 

9 (f) LIABILITY IN CASE OF BODILY HARM.—If a con10 sumer experiences bodily harm caused by a product or 

11 service during testing under the pilot program, notwith12 standing subsection (a)(3), the Secretary may impose li13 ability under any provision of law to which the applicable 

14 eligible entity and the applicable innovative agricultural 

15 technology are made not subject under that subsection. 

16 (g) SUSPENSION OR TERMINATION OF PARTICIPA17 TION.—The Secretary may suspend or terminate the par18 ticipation of an eligible entity in the pilot program, at any 

19 time, if the Secretary determines that— 

20 (1) the eligible entity made a material error, 

21 false statement, misrepresentation, or material omis22 sion in the application submitted under section 

23 104(a); 

24 (2) the applicable innovative agricultural tech25 nology is endangering consumers; or 


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1 (3) the eligible entity has violated the condi2 tions of participation in the pilot program. 

3 (h) EXPIRATION OR EXTENSION OF TESTING.— 

4 (1) IN GENERAL.—Not later than 1 month be5 fore the expiration of the period of participation of 

6 an eligible entity in the pilot program described in 

7 subsection (b), the eligible entity shall— 

8 (A) notify the Secretary that the eligible 

9 entity will exit the market with respect to the 

10 applicable innovative agricultural technology at 

11 the expiration of the period of participation; 

12 (B) seek an extension in accordance with 

13 paragraph (2); or 

14 (C) notify the Secretary that the eligible 

15 entity is seeking a license or other required au16 thorization to remain in the market with re17 spect to the applicable innovative agricultural 

18 technology. 

19 (2) EXTENSIONS.— 

20 (A) IN GENERAL.—An eligible entity par21 ticipating in the pilot program may submit to 

22 the Secretary a request for not more than 1 ex23 tension of participation of not longer than 2 

24 years to conduct additional testing or pursue a 

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1 main in the market with respect to the applica2 ble innovative agricultural technology. 

3 (B) INCLUSIONS.—A request submitted 

4 under subparagraph (A) shall include a detailed 

5 description of the results of testing under the 

6 initial testing period, including— 

7 (i) a description of how the applicable 

8 innovative agricultural technology— 

9 (I) added value to consumers; 

10 (II) was economically viable for 

11 consumers; 

12 (III) brought new and reasonably 

13 priced technology to consumers; 

14 (IV) did not pose an unreason15 able risk of harm to consumers; and 

16 (V) provided consumers protec17 tion; 

18 (ii) a description of statutory and reg19 ulatory issues that continue to limit the 

20 applicable innovative agricultural tech21 nology from being used, issued, sold, solic22 ited, distributed, or advertised in the mar23 ket; 

24 (iii) a description of how the applica25 ble innovative agricultural technology is 


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1 functioning in the market and the manner 

2 in which the applicable innovative agricul3 tural technology is offered or provided; 

4 (iv) a log of consumer complaints re5 lating to testing of the applicable innova6 tive agricultural technology and a descrip7 tion of the process for addressing those 

8 consumer complaints; and 

9 (v) such other information as the Sec10 retary may require. 

11 (C) APPLICATION FEE.—The Secretary 

12 shall collect from an eligible entity that submits 

13 a request under subparagraph (A) a $250 fee 

14 for each request submitted. 

15 (D) APPROVAL OR DENIAL.—The Sec16 retary, in the sole discretion of the Secretary, 

17 shall approve or deny a request submitted 

18 under subparagraph (A). 

19 (3) CONTINUING OBLIGATIONS.—If testing 

20 under the pilot program includes products or serv21 ices that require an eligible entity to fulfill obliga22 tions to a consumer after the expiration of the pe23 riod of testing under the pilot program, such as 

24 servicing of a loan, that expiration shall not relieve 

25 the eligible entity of those obligations. 


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1 SEC. 106. ADMINISTRATION. 

2 (a) RECORDKEEPING.—An eligible entity partici3 pating in the pilot program shall— 

4 (1) retain records, documents, and data pro5 duced in the ordinary course of business regarding 

6 an innovative agricultural technology tested under 

7 the pilot program; and 

8 (2) make, maintain, and preserve books and 

9 records in accordance with regulations promulgated 

10 by the Secretary to carry out this paragraph. 

11 (b) CONFIDENTIALITY.— 

12 (1) DEFINITION OF RECORDS.—In this sub13 section, the term ‘‘records’’ means application mate14 rials, documents, and other records submitted to or 

15 obtained by the Secretary in administering the pilot 

16 program. 

17 (2) PRIVACY.—Records shall not be public 

18 records or open to inspection by the public. 

19 (3) PROPRIETARY RECORDS.—Records, other 

20 than application materials, shall be considered to be 

21 proprietary and contain trade secrets. 

22 (4) LEGAL ACTION.—Notwithstanding para23 graphs (2) and (3), the Secretary may use records 

24 in furtherance of regulatory or legal action brought 

25 as part of the official duties of the Secretary. 


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1 (5) LIABILITY.—The Secretary or a person act2 ing under the authority of the Secretary who re3 ceives or views records shall not be liable for the in4 formation or data received or viewed. 

5 (6) EFFECT.—Nothing in this subsection pre6 vents the disclosure of information that is admissible 

7 as evidence in a civil or criminal proceeding brought 

8 by a Federal agency to enforce or prosecute a civil 

9 or criminal violation of law. 

10 SEC. 107. REPORTS. 

11 (a) REPORTS TO THE SECRETARY.— 

12 (1) IN GENERAL.—Every 180 days, an eligible 

13 entity participating in the pilot program shall submit 

14 to the Secretary a report in such form as the Sec15 retary may require that contains the following infor16 mation: 

17 (A) The period of time that the eligible en18 tity has been marketing the applicable innova19 tive agricultural technology to consumers. 

20 (B) The successes, or failures, of the appli21 cable innovative agricultural technology. 

22 (C) The challenges, and potential future 

23 challenges, of the applicable innovative agricul24 tural technology. 


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1 (D) The number of consumers who have 

2 received any product or service relating to the 

3 applicable innovative agricultural technology. 

4 (E) The means by which the eligible entity 

5 has worked to ensure the health, safety, secu6 rity, and privacy of consumers have been pro7 tected. 

8 (F) Any other information the Secretary 

9 may require. 

10 (2) FAILURE OF COMPLIANCE.—If an innova11 tive agricultural technology tested under the pilot 

12 program fails to comply with any requirements of 

13 the pilot program before the expiration of the testing 

14 period, the applicable eligible entity shall— 

15 (A) notify the Secretary of that failure; 

16 and 

17 (B) submit to the Secretary a report de18 scribing actions taken to ensure consumers have 

19 not been harmed as a result of that failure. 

20 (b) REPORTS TO CONGRESS.—Not later than 1 year 

21 after the date of enactment of this Act, and each year 

22 thereafter, the Secretary shall submit to the Committee 

23 on Agriculture, Nutrition, and Forestry of the Senate and 

24 the Committee on Agriculture of the House of Representa25 tives a report describing— 


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1 (1) the pilot program, including recommenda2 tions relating to the pilot program; and 

3 (2) any provisions of law (including regulations) 

4 that hinder innovation in agriculture. 

5 TITLE II—DISTRIBUTED LEDGER 

6 TECHNOLOGY APPLICATIONS 

7 IN AGRICULTURE 

8 SEC. 201. DISTRIBUTED LEDGER TECHNOLOGY EDU9 CATIONAL PROGRAM. 

10 (a) IN GENERAL.—Not later than January 1, 2024, 

11 the Secretary shall establish an online program that teach12 es agricultural producers— 

13 (1) the benefits of implementing distributed 

14 ledger technology in agricultural production, dis15 tribution, and sales; 

16 (2) the different distributed ledger technology 

17 programs that exist for agricultural producers; and 

18 (3) the requirements to begin using a distrib19 uted ledger technology program for agricultural pro20 ducers. 

21 (b) CONSULTATION.—In developing the program 

22 under this section, the Secretary shall consult with distrib23 uted ledger technology experts in the agricultural industry. 


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1 (c) OUTREACH.—The Secretary shall publicize, and 

2 encourage agricultural producers to participate in, the 

3 program under this section. 

4 (d) TERMINATION.—This section shall cease to have 

5 effect on July 1, 2030. 

6 SEC. 202. STUDY OF DISTRIBUTED LEDGER TECHNOLOGY 

7 APPLICATIONS IN AGRICULTURE. 

8 (a) IN GENERAL.—The Secretary, in coordination 

9 with such other relevant Federal agencies as the Secretary 

10 determines to be appropriate, shall conduct a study to 

11 identify potential applications for distributed ledger tech12 nology in agricultural operations. 

13 (b) INCLUSIONS.—The study conducted under sub14 section (a) shall include an examination of— 

15 (1) how distributed ledger technology can be 

16 used to trace the origin of a product; 

17 (2) the potential use of distributed ledger tech18 nology to monitor farm conditions; 

19 (3) the potential use of distributed ledger tech20 nology for maintenance records of production and 

21 transportation equipment; 

22 (4) implementing the use of distributed ledger 

23 technology for data verification and certification; 

24 (5) the potential use of distributed ledger tech25 nology for tracking and ordering supplies; 


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1 (6) the potential use of distributed ledger tech2 nology as a tool for asset exchange, including pay3 ments for sales and storage of products and equip4 ment; and 

5 (7) such other matters as the Secretary deter6 mines to be appropriate. 

7 (c) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary, in coordination 

9 with the other relevant Federal agencies described in sub10 section (a), shall submit a report containing the findings 

11 and recommendations of the study conducted under that 

12 subsection to— 

13 (1) the Committee on Agriculture, Nutrition, 

14 and Forestry of the Senate; 

15 (2) the Committee on Commerce, Science, and 

16 Transportation of the Senate; 

17 (3) the Committee on Agriculture of the House 

18 of Representatives; and 

19 (4) the Committee on Energy and Commerce of 

20 the House of Representatives. 

Æ 


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