[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3051 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3051
To require the Secretary of Transportation to establish a working group
to study regulatory and legislative improvements for the livestock,
insect, and agricultural commodities transport industries, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2018
Mr. Hoeven (for himself and Mr. Bennet) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to establish a working group
to study regulatory and legislative improvements for the livestock,
insect, and agricultural commodities transport industries, 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.
This Act may be cited as the ``Modernizing Agricultural
Transportation Act''.
SEC. 2. WORKING GROUP ON IMPROVING THE LIVESTOCK, INSECT, AND
AGRICULTURAL COMMODITIES TRANSPORT INDUSTRIES.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' means--
(A) an agricultural commodity as defined in section
518 of the Federal Crop Insurance Act (7 U.S.C. 1518);
and
(B) an agricultural commodity as defined in section
395.2 of title 49, Code of Federal Regulations (or
successor regulations).
(2) Livestock.--The term ``livestock'' has the meaning
given the term in section 602 of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(4) Working group.--The term ``working group'' means the
working group established by the Secretary under subsection
(b).
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish a working group--
(1) to identify obstacles to safe, humane, and market-
efficient transport of livestock, insects, and agricultural
commodities; and
(2) to develop guidelines and recommended regulatory or
legislative actions to improve the safe, humane, and efficient
transport of livestock, insects, and agricultural commodities.
(c) Outreach.--In carrying out the duties of the working group
under subsection (b), the working group shall consult with--
(1) interested Governors;
(2) representatives of State and local agricultural and
highway safety agencies;
(3) other representatives of relevant State and local
agencies;
(4) members of the public with experience in--
(A) the livestock, insect, and agricultural
commodities industries;
(B) the livestock trucking industry; or
(C) transportation safety; and
(5) any other groups or stakeholders that the working group
determines to be appropriate.
(d) Considerations.--In carrying out the duties of the working
group under subsection (b), the working group shall--
(1) consider the impact of the existing hours of service
regulations under subpart A of part 395 of title 49, Code of
Federal Regulations (or successor regulations), on the
commercial transport of livestock, insects, and agricultural
commodities;
(2) identify incompatibilities and other challenges and
concerns caused by the hours of service regulations described
in paragraph (1) and electronic logging device regulations
under subpart B of part 395 of title 49, Code of Federal
Regulations (or successor regulations), on the transport of
livestock, insects, and agricultural commodities;
(3) identify initiatives and regulatory changes that
maintain and protect the safety of highways and allow for the
safe, efficient, and productive marketplace transport of
livestock, insects, and agricultural commodities; and
(4) consider such other issues as the Secretary considers
appropriate.
(e) Composition.--
(1) In general.--The Secretary (or a designee) shall serve
as the chair of the working group.
(2) Membership.--
(A) In general.--The working group shall be
composed of members appointed by the Secretary,
including individuals with knowledge and expertise that
includes highway safety, the commercial motor vehicle
and transportation industries, animal husbandry, and
the transportation of livestock, insects, and
agricultural commodities.
(B) Requirement.--The working group shall include,
at a minimum, representatives of--
(i) the Department of Agriculture;
(ii) State agencies, including State
departments of agriculture and transportation;
(iii) highway and commercial motor vehicle
safety organizations;
(iv) agricultural producers including
producers of livestock, insects, and
agricultural commodities; and
(v) commercial motor vehicle operators,
including small business operators and
operators who haul livestock, insects, and
agricultural commodities.
(f) Working Group Report and Regulatory Action.--
(1) Report.--Not later than 1 year after the date on which
the working group is established, the working group shall
submit to the Secretary a report that includes--
(A) the findings of the working group, including a
summary of the views expressed by individuals and
entities consulted under subsection (c); and
(B) the initiatives and regulatory and legislative
changes that the working group identifies as necessary
to protect the safety of highways and allow for the
safe, efficient, and productive marketplace transport
of livestock, insects, and agricultural commodities.
(2) Regulatory changes.--Not later than 120 days after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall propose regulatory changes that take
into account the findings and recommendations of the working
group, including--
(A) changes to the hours of service regulations
under subpart A of part 395 of title 49, Code of
Federal Regulations (or successor regulations);
(B) changes to the electronic logging device
regulations under subpart B of part 395 of title 49,
Code of Federal Regulations (or successor regulations),
including changes to regulations relating to the
performance and design of electronic logging devices;
and
(C) any other changes that the working group
recommends.
(3) Application.--Subsections (a) through (f) of section
31137 of title 49, United States Code (including any
regulations promulgated to carry out those subsections), shall
not apply to commercial motor vehicles hauling livestock,
insects, or agricultural commodities until the date on which
the Secretary proposes regulatory changes under paragraph (2).
(g) Report and Recommendations by Secretary.--Not later than 30
days after the date on which the Secretary receives the report of the
working group under subsection (f)(1), the Secretary shall submit to
the appropriate committees of Congress a report, including--
(1) a summary of the views expressed by the individuals and
entities consulted under subsection (c);
(2) a description of the findings of the working group,
including the identification of any areas of general consensus
among the non-Federal participants in the consultation under
subsection (c); and
(3) any recommendations for legislative or regulatory
action that would assist in maintaining and improving the safe,
humane, and market-efficient transport of livestock, insects,
and agricultural commodities.
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