[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1053

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

                             March 25, 2021

Mr. Hoeven (for himself, Mr. Bennet, Mr. Daines, Ms. Smith, Mr. Rounds, 
     Mr. Crapo, Ms. Ernst, Mr. Braun, Mr. Marshall, and Mr. Risch) 
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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