[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Page S5304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3502. Mr. HOEVEN (for himself, Mr. Bennet, Mrs. Ernst, Mr. Rounds,
Ms. Smith, and Mr. Nelson) submitted an amendment intended to be
proposed by him to the bill H.R. 6147, making appropriations for the
Department of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2019, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title I of division D, insert
the following:
SEC. ___. 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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