Sec. 7128. Agriculture Advanced Research and Development Authority pilot

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Subtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 et seq.) is amended by adding at the end the following: The purpose of this section is to promote advanced research and development through a pilot program targeting high-priority research needs for qualified products and projects, agricultural technologies, and research tools. In this section: The term advanced research and development means research and development activities used to overcome long-term and high-risk research challenges in agriculture and food through— targeted acceleration of novel, early stage innovative agricultural research with promising technology applications and products; or development of qualified products and projects, agricultural technologies, or innovative research tools, which may include— prototype testing, preclinical development, or field experimental use; assessing and assisting with product approval, clearance, or need for a license under— the Animal Health Protection Act ( 7 U.S.C. 8301 et seq.); the Plant Protection Act ( 7 U.S.C. 7701 et seq.); or other applicable law; or manufacturing and commercialization of a product.

The term AGARDA means the Agriculture Advanced Research and Development Authority established by subsection (c)(1). The term agricultural technology means machinery and other equipment engineered for an applicable and novel use in agriculture, natural resources, and food relating to the research and development of qualified products and projects. The term Director means the Director of the AGARDA. The term Fund means the Agriculture Advanced Research and Development Fund established by subsection (e)(1).

The term other transaction means a transaction other than a procurement contract, grant, or cooperative agreement. The term other transaction includes a transaction described in subsection (c)(6)(A). The term person means— an individual; a partnership; a corporation; an association; an entity; a public or private corporation; a Federal, State, or local government agency or department; and an institution of higher education, including a land-grant college or university and a non-land-grant college of agriculture.

The term qualified product or project means advanced research and development of— engineering, mechanization, or technology improvements that will address challenges relating to growing, harvesting, handling, processing, storing, packing, and distribution of agricultural products; plant disease or plant pest recovery countermeasures to intentional or unintentional biological or natural threats, including— replacement or resistant plant cultivars or varieties; other enhanced management strategies, including novel chemical, biological, or cultural approaches; or diagnostic or surveillance technology; and veterinary countermeasures to intentional or unintentional biological threats (including naturally occurring threats), including— animal vaccine or therapeutic products (including anti-infective products); or diagnostic or surveillance technology.

The term research tool means a device, technology, procedure, biological material, reagent, computer system, computer software, or analytical technique that is developed to assist in the discovery, development, or manufacture of a qualified product or project. There is established within the Department of Agriculture the Agriculture Advanced Research and Development Authority to address long-term and high-risk challenges in the development of— qualified products and projects; agricultural technologies; and research tools.

The goals of the AGARDA are— to enhance the economic viability, security, and sustainability of agriculture to ensure that the United States is competitive and maintains a technological lead globally; to develop and deploy advanced solutions to prevent, prepare, and protect against unintentional and intentional threats to agriculture and food in the United States; to overcome the long-term and high-risk technological barriers in the development of agricultural technologies that enhance export competitiveness, environmental sustainability, and resilience to extreme weather; and to ensure that the United States maintains a technological lead in developing and deploying advanced agricultural technologies that increase economic opportunities for farmers, ranchers, and rural communities.

The AGARDA shall be a component of the Office of the Chief Scientist. The AGARDA shall be headed by a Director, who shall be appointed by the Chief Scientist. The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Chief Scientist on, and manage research programs addressing, matters pertaining to— advanced research and development; qualified products and projects; agricultural technologies; research tools; and long-term and high-risk challenges relating to the matters described in subclauses

(I)through (IV). The Director shall report to the Chief Scientist. To achieve the goals described in paragraph (2), the Secretary, acting through the Director, shall accelerate advanced research and development by— identifying and promoting revolutionary advances in fundamental sciences; translating scientific discoveries and cutting-edge inventions into technological innovations; incubating and accelerating transformational advances in areas in which industry by itself is not likely to undertake advanced research and development because of the high-risk technological or financial uncertainty; collaborating with Federal agencies, relevant industries, academia, international agencies, the Foundation for Food and Agriculture Research, and other persons to carry out the goals described in paragraph (2), including convening, at a minimum, annual meetings or working groups to demonstrate the operation and effectiveness of advanced research and development of qualified products and projects, agricultural technologies, and research tools; conducting ongoing searches for, and support calls for, potential advanced research and development of agricultural technologies, qualified products and projects, and research tools; awarding grants and entering into contracts, cooperative agreements, or other transactions under paragraph

(6)for advanced research and development of agricultural technology, qualified products and projects, and research tools; establishing issue-based multidisciplinary discovery teams to reduce the time and cost of solving specific problems that— are composed of representatives from Federal and State agencies, professional groups, academia, and industry; seek novel and effective solutions; and encourage data sharing and translation of research to field use; and connecting interested persons with offices or employees authorized by the Secretary to advise those persons regarding requirements under relevant laws that impact the development, commercialization, and technology transfer of qualified products and projects, agricultural technologies, and research tools. In awarding grants and entering into contracts, cooperative agreements, or other transactions under paragraph (4)(F), the Secretary shall give priority to projects that accelerate the advanced research and development of— new technologies to address critical research needs for specialty crops; and qualified products and projects that prevent, protect, and prepare against intentional and unintentional threats to agriculture and food. In carrying out the pilot program under this section, the Secretary shall have the authority to enter into other transactions in the same manner and subject to the same terms and conditions as transactions that the Secretary of Defense may enter into under section 2371 of title 10, United States Code. The authority of the Secretary to enter into contracts, cooperative agreements, and other transactions under this subsection shall be in addition to the authorities under this Act and title I of the Department of Agriculture and Related Agencies Appropriation Act, 1964 ( 7 U.S.C. 3318a ), to use contracts, cooperative agreements, and grants in carrying out the pilot program under this section. The Secretary shall establish guidelines regarding the use of the authority under subparagraph (A). In entering into other transactions, the Secretary may negotiate terms for technology transfer in the same manner as a Federal laboratory under paragraphs

(1)through

(4)of section 12(b) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(b) ). The Secretary shall require that, as a condition of being awarded a contract or grant or entering into a cooperative agreement or other transaction under paragraph (4)(F), a person shall make available to the Secretary on an ongoing basis, and submit to the Secretary on request of the Secretary, all data relating to or resulting from the activities carried out by the person pursuant to this section. This subparagraph shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. The following information shall be exempt from disclosure and withheld from the public: Specific technical data or scientific information that is created or obtained under this section that reveals significant and not otherwise publicly known vulnerabilities of existing agriculture and food defenses against biological, chemical, nuclear, or radiological threats. Trade secrets or commercial or financial information that is privileged or confidential (within the meaning of section 552(b)(4) of title 5, United States Code) and obtained in the conduct of research or as a result of activities under this section from a non-Federal party participating in a contract, grant, cooperative agreement, or other transaction under this section. Information that results from research and development activities conducted under this section and that would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from a non-Federal party participating in a cooperative agreement or other transaction shall be withheld from disclosure under clause

(ii)for 5 years. In awarding contracts and grants and entering into cooperative agreements or other transactions under paragraph (4)(F), the Secretary may— use milestone-based awards and payments; and terminate a project for not meeting technical milestones. In carrying out this subsection, the Secretary may appoint highly qualified individuals to scientific or professional positions on the same terms and conditions as provided in section 620(b)(4) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7657(b)(4) ). The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report examining the actions undertaken and results generated by the AGARDA. After the date on which the AGARDA has been in operation for 3 years, the Comptroller General of the United States shall conduct an evaluation— to be completed and submitted to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 1 year after the date on which the Comptroller General began conducting the evaluation; describing the extent to which the AGARDA is achieving the goals described in paragraph (2); and including a recommendation on whether the AGARDA should be continued, terminated, or expanded. Not later than 360 days after the date of enactment of this section, the Secretary shall develop and make publically available a strategic plan describing the strategic vision that the AGARDA shall use— to make determinations for future investments during the period of effectiveness of this section; and to achieve the goals described in subsection (c)(2). The Secretary shall carry out such activities as the Secretary determines to be appropriate to disseminate the information contained in the strategic plan under paragraph

(1)to persons who may have the capacity to substantially contribute to the activities described in that strategic plan. The Secretary shall— update and coordinate the strategic coordination plan under section 221(d)(7) of the Department of Agriculture Reorganization Act of 1994 with the strategic plan developed under paragraph

(1)for activities relating to agriculture and food defense countermeasure development and procurement; and in developing the strategic plan under paragraph (1), consult with— the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408(a); the specialty crops committee established under section 1408A(a)(1); relevant agriculture research agencies of the Federal Government; the National Academies of Sciences, Engineering, and Medicine; the National Veterinary Stockpile Intra-Government Advisory Committee for Strategic Steering; and other appropriate parties, as determined by the Secretary. There is established in the Treasury the Agriculture Advanced Research and Development Fund, which shall be administered by the Secretary, acting through the Director— for the purpose of carrying out this section; and in the same manner and subject to the same terms and conditions as are applicable to the Secretary of Defense under section 2371 of title 10, United States Code. The Secretary, acting through the Director, may accept and deposit into the Fund monies received pursuant to cost recovery or contribution under a contract, grant, cooperative agreement, or other transaction under this section. Nothing in this paragraph authorizes the use of the funds of the Commodity Credit Corporation to carry out this section. In addition to funds otherwise deposited in the Fund under paragraph

(1)or (2), there is authorized to be appropriated to the Fund $50,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. The authority provided by this section terminates effective September 30, 2023. .

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Sec. 7128

Agriculture Advanced Research and Development Authority pilot

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