I 

116TH CONGRESS 

1ST SESSION H. R. 2460 

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 HOUSE OF REPRESENTATIVES 

MAY 1, 2019 

Mr. PENCE (for himself and Mr. PETERSON) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernizing Agricul5 tural Transportation Act’’. 


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1 SEC. 2. WORKING GROUP ON IMPROVING THE LIVESTOCK, 

2 INSECT, AND AGRICULTURAL COMMODITIES 

3 TRANSPORT INDUSTRIES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGRICULTURAL COMMODITY.—The term 

6 ‘‘agricultural commodity’’ means— 

7 (A) an agricultural commodity as defined 

8 in section 518 of the Federal Crop Insurance 

9 Act (7 U.S.C. 1518); and 

10 (B) an agricultural commodity as defined 

11 in section 395.2 of title 49, Code of Federal 

12 Regulations (or successor regulations). 

13 (2) LIVESTOCK.—The term ‘‘livestock’’ has the 

14 meaning given the term in section 602 of the Emer15 gency Livestock Feed Assistance Act of 1988 (7 

16 U.S.C. 1471). 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Transportation. 

19 (4) WORKING GROUP.—The term ‘‘working 

20 group’’ means the working group established by the 

21 Secretary under subsection (b). 

22 (b) ESTABLISHMENT.—Not later than 120 days after 

23 the date of enactment of this Act, the Secretary shall es24 tablish a working group— 


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1 (1) to identify obstacles to safe, humane, and 

2 market-efficient transport of livestock, insects, and 

3 agricultural commodities; and 

4 (2) to develop guidelines and recommended reg5 ulatory or legislative actions to improve the safe, hu6 mane, and efficient transport of livestock, insects, 

7 and agricultural commodities. 

8 (c) OUTREACH.—In carrying out the duties of the 

9 working group under subsection (b), the working group 

10 shall consult with— 

11 (1) interested Governors; 

12 (2) representatives of State and local agricul13 tural and highway safety agencies; 

14 (3) other representatives of relevant State and 

15 local agencies; 

16 (4) members of the public with experience in— 

17 (A) the livestock, insect, and agricultural 

18 commodities industries; 

19 (B) the livestock trucking industry; or 

20 (C) transportation safety; and 

21 (5) any other groups or stakeholders that the 

22 working group determines to be appropriate. 

23 (d) CONSIDERATIONS.—In carrying out the duties of 

24 the working group under subsection (b), the working 

25 group shall— 


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1 (1) consider the impact of the existing hours of 

2 service regulations under subpart A of part 395 of 

3 title 49, Code of Federal Regulations (or successor 

4 regulations), on the commercial transport of live5 stock, insects, and agricultural commodities; 

6 (2) identify incompatibilities and other chal7 lenges and concerns caused by the hours of service 

8 regulations described in paragraph (1) and electronic 

9 logging device regulations under subpart B of part 

10 395 of title 49, Code of Federal Regulations (or suc11 cessor regulations), on the transport of livestock, in12 sects, and agricultural commodities; 

13 (3) identify initiatives and regulatory changes 

14 that maintain and protect the safety of highways 

15 and allow for the safe, efficient, and productive mar16 ketplace transport of livestock, insects, and agricul17 tural commodities; and 

18 (4) consider such other issues as the Secretary 

19 considers appropriate. 

20 (e) COMPOSITION.— 

21 (1) IN GENERAL.—The Secretary (or a des22 ignee) shall serve as the chair of the working group. 

23 (2) MEMBERSHIP.— 

24 (A) IN GENERAL.—The working group 

25 shall be composed of members appointed by the 


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1 Secretary, including individuals with knowledge 

2 and expertise that includes highway safety, the 

3 commercial motor vehicle and transportation in4 dustries, animal husbandry, and the transpor5 tation of livestock, insects, and agricultural 

6 commodities. 

7 (B) REQUIREMENT.—The working group 

8 shall include, at a minimum, representatives 

9 of— 

10 (i) the Department of Agriculture; 

11 (ii) State agencies, including State de12 partments of agriculture and transpor13 tation; 

14 (iii) highway and commercial motor 

15 vehicle safety organizations; 

16 (iv) agricultural producers including 

17 producers of livestock, insects, and agricul18 tural commodities; and 

19 (v) commercial motor vehicle opera20 tors, including small business operators 

21 and operators who haul livestock, insects, 

22 and agricultural commodities. 

23 (f) WORKING GROUP REPORT AND REGULATORY AC24 TION.— 


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1 (1) REPORT.—Not later than 1 year after the 

2 date on which the working group is established, the 

3 working group shall submit to the Secretary a report 

4 that includes— 

5 (A) the findings of the working group, in6 cluding a summary of the views expressed by 

7 individuals and entities consulted under sub8 section (c); and 

9 (B) the initiatives and regulatory and leg10 islative changes that the working group identi11 fies as necessary to protect the safety of high12 ways and allow for the safe, efficient, and pro13 ductive marketplace transport of livestock, in14 sects, and agricultural commodities. 

15 (2) REGULATORY CHANGES.—Not later than 

16 120 days after the date on which the Secretary re17 ceives the report under paragraph (1), the Secretary 

18 shall propose regulatory changes that take into ac19 count the findings and recommendations of the 

20 working group, including— 

21 (A) changes to the hours of service regula22 tions under subpart A of part 395 of title 49, 

23 Code of Federal Regulations (or successor regu24 lations); 


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1 (B) changes to the electronic logging de2 vice regulations under subpart B of part 395 of 

3 title 49, Code of Federal Regulations (or suc4 cessor regulations), including changes to regula5 tions relating to the performance and design of 

6 electronic logging devices; and 

7 (C) any other changes that the working 

8 group recommends. 

9 (3) APPLICATION.—Subsections (a) through (f) 

10 of section 31137 of title 49, United States Code (in11 cluding any regulations promulgated to carry out 

12 those subsections), shall not apply to commercial 

13 motor vehicles hauling livestock, insects, or agricul14 tural commodities until the date on which the Sec15 retary proposes regulatory changes under paragraph 

16 (2). 

17 (g) REPORT AND RECOMMENDATIONS BY SEC18 RETARY.—Not later than 30 days after the date on which 

19 the Secretary receives the report of the working group 

20 under subsection (f)(1), the Secretary shall submit to the 

21 appropriate committees of Congress a report, including— 

22 (1) a summary of the views expressed by the in23 dividuals and entities consulted under subsection (c); 

24 (2) a description of the findings of the working 

25 group, including the identification of any areas of 


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1 general consensus among the non-Federal partici2 pants in the consultation under subsection (c); and 

3 (3) any recommendations for legislative or regu4 latory action that would assist in maintaining and 

5 improving the safe, humane, and market-efficient 

6 transport of livestock, insects, and agricultural com7 modities. 

Æ 


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