7 USC 3319 - Agriculture Advanced Research and Development Authority pilot

View all text of Subchapter X [§ 3310 - § 3319k]

§ 3319k. Agriculture Advanced Research and Development Authority pilot

(a) DefinitionsIn this section:

(1) Advanced research and developmentThe term “advanced research and development” means research and development activities used to address research challenges in agriculture and food through—

(A) targeted acceleration of novel, early stage innovative agricultural research with promising technology applications and products; or

(B) development of qualified products and projects, agricultural technologies, or innovative research tools, which may include—

(i) prototype testing, preclinical development, or field experimental use;

(ii) assessing and assisting with product approval, clearance, or need for a license under an applicable law, as determined by the Director; or

(iii) manufacturing and commercialization of a product.

(2) Agricultural technology

(3) Director

(4) Other transaction

(5) PersonThe term “person” means—

(A) an individual;

(B) a partnership;

(D) an association;

(E) an entity;

(F) a public or private corporation;

(G) a Federal, State, or local government agency or department; and

(H) an institution of higher education, including a land-grant college or university and a non-land-grant college of agriculture.

(6) Qualified product or projectThe term “qualified product or project” means—

(A) engineering, mechanization, or technology improvements that will address challenges relating to growing, harvesting, handling, processing, storing, packing, and distribution of agricultural products;

(B) plant disease or plant pest recovery countermeasures to intentional or unintentional biological threats (including naturally occurring threats), including—

(i) replacement or resistant plant cultivars or varieties;

(ii) other enhanced management strategies, including novel chemical, biological, or cultural approaches; or

(iii) diagnostic or surveillance technology; and

(C) veterinary countermeasures to intentional or unintentional biological threats (including naturally occurring threats), including—

(i) animal vaccine or therapeutic products (including anti-infective products); or

(ii) diagnostic or surveillance technology.

(7) Research tool

(b) Agriculture Advanced Research and Development Authority

(1) Establishment

(2) GoalsThe goals of the AGARDA are—

(A) to develop and deploy advanced solutions to prevent, prepare, and protect against unintentional and intentional threats to agriculture and food in the United States;

(B) to overcome barriers in the development of agricultural technologies, research tools, and qualified products and projects that enhance export competitiveness, environmental sustainability, and resilience to extreme weather;

(C) to ensure that the United States maintains and enhances its position as a leader in developing and deploying agricultural technologies, research tools, and qualified projects and products that increase economic opportunities and security for farmers, ranchers, and rural communities; and

(D) to undertake advanced research and development in areas in which industry by itself is not likely to do so because of the technological or financial uncertainty.

(3) Leadership

(A) In general

(B) Director

(i) In general

(ii) QualificationsThe Director shall be an individual who, by reason of professional background and experience, is exceptionally qualified to advise the Chief Scientist on, and manage advanced research and development programs and other matters pertaining to—(I) qualified products and projects;(II) agricultural technologies;(III) research tools; and(IV) challenges relating to the matters described in subclauses (I) through (III).

(iii) Relationship within the Department of Agriculture

(4) DutiesTo achieve the goals described in paragraph (2), the Secretary, acting through the Director, shall accelerate advanced research and development by—

(A) identifying and promoting advances in basic sciences;

(B) translating scientific discoveries and inventions into technological innovations;

(C) collaborating with other agencies, relevant industries, academia, international agencies, the Foundation for Food and Agriculture Research, and other relevant 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;

(D) conducting ongoing searches for, and support calls for, potential advanced research and development of agricultural technologies, qualified products and projects, and research tools;

(E) 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;

(F) establishing issue-based multidisciplinary teams to reduce the time and cost of solving specific problems that—

(i) are composed of representatives from Federal and State agencies, professional groups, academia, and industry;

(ii) seek novel and effective solutions; and

(iii) encourage data sharing and translation of research to field use; and

(G) serving as a resource for interested persons regarding requirements under relevant laws that impact the development, commercialization, and technology transfer of qualified products and projects, agricultural technologies, and research tools.

(5) PriorityIn awarding grants and entering into contracts, cooperative agreements, or other transactions under paragraph (4)(E), the Secretary shall give priority to projects that accelerate the advanced research and development of qualified products and projects that—

(A) address critical research and development needs for technology for specialty crops; or

(B) prevent, protect, and prepare against intentional and unintentional threats to agriculture and food.

(6) Other transaction authorities

(A) In general

(B) Scope

(D) Technology transfer

(7) Availability of data

(A) In general

(B) Exemption from disclosure

(i) In general

(ii) ExemptionThe following information shall be exempt from disclosure under section 552 of title 5 and withheld from the public:(I) 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.(II) Trade secrets or commercial or financial information that is privileged or confidential (within the meaning of section 552(b)(4) of title 5) 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.

(iii) Limitation

(8) Milestone-based payments allowedIn awarding contracts and grants and entering into cooperative agreements or other transactions under paragraph (4)(E), the Secretary may—

(A) use milestone-based awards and payments; and

(B) terminate a project for not meeting technical milestones.

(9) Use of existing personnel authorities

(10) Report and evaluation

(A) Report

(B) EvaluationAfter the date on which the AGARDA has been in operation for 3 years, the Comptroller General of the United States shall conduct an evaluation—

(i) 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;

(ii) describing the extent to which the AGARDA is achieving the goals described in paragraph (2); and

(iii) including a recommendation on whether the AGARDA should be continued, terminated, or expanded.

(1) In generalNot later than 360 days after December 20, 2018, the Secretary shall develop and make publicly available a strategic plan describing the strategic vision that the AGARDA shall use—

(A) to make determinations for future investments during the period of effectiveness of this section; and

(B) to achieve the goals described in subsection (b)(2).

(2) Dissemination

(3) Coordination; consultationThe Secretary shall—

(A) update and coordinate the strategic coordination plan under section 6922(d)(7) of this title with the strategic plan developed under paragraph (1) for activities relating to agriculture and food defense countermeasure development and procurement; and

(B) in developing the strategic plan under paragraph (1), consult with—

(i) the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 3123(a) of this title;

(ii) the specialty crops committee established under section 3123a(a)(1) of this title;

(iii) relevant agriculture research agencies of the Federal Government;

(iv) the National Academies of Sciences, Engineering, and Medicine;

(v) the National Veterinary Stockpile Intra-Government Advisory Committee for Strategic Steering; and

(vi) other appropriate parties, as determined by the Secretary.

(d) Funds

(1) EstablishmentThere is established in the Treasury the Agriculture Advanced Research and Development Fund, which shall be administered by the Secretary, acting through the Director—

(A) for the purpose of carrying out this section; and

(B) in the same manner and subject to the same terms and conditions as are applicable to the Secretary of Defense under section 4021 of title 10.

(2) Deposits into fund

(A) In general

(B) Availability of amounts in fund

(3) Funding

(e) Termination of effectiveness

(1) In general

(2) ExceptionsParagraph (1) shall not apply with respect to—

(A) subsection (b)(7)(B); and

(B) grants awarded or contracts, cooperative agreements, or other transactions entered into before the end of the 5-year period referred to in such clause.1

1 So in original. Probably should be “such paragraph.”.

(Pub. L. 95–113, title XIV, § 1473H, as added Pub. L. 115–334, title VII, § 7132, Dec. 20, 2018, 132 Stat. 4796; Pub. L. 117–81, div. A, title XVII, § 1702(l)(1), Dec. 27, 2021, 135 Stat. 2160.)