Motorcyclist Advisory Council Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1853 To amend title 49, United States Code, to establish a Motorcyclist Advisory Council. IN THE SENATE OF THE UNITED STATES MAY 26, 2021 Mr. PETERS (for himself and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish a Motorcyclist Advisory Council. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Motorcyclist Advisory 4 Council Act of 2021’’. 5 SEC. 2. MOTORCYCLIST ADVISORY COUNCIL. 6 (a) IN GENERAL.—Subchapter III of chapter 3 of 7 title 49, United States Code, is amended by adding at the 8 end the following: 9 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1853 IS ‘‘§ 355. Motorcyclist Advisory Council 1 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 2 the date of enactment of this section, the Secretary of 3 Transportation (referred to in this section as the ‘Sec- 4 retary’) shall establish or designate a council, to be known 5 as the ‘Motorcyclist Advisory Council’ (referred to in this 6 section as the ‘Council’). 7 ‘‘(b) MEMBERSHIP.— 8 ‘‘(1) IN GENERAL.—The Council shall be com- 9 prised of 13 members, to be appointed by the Sec- 10 retary, of whom— 11 ‘‘(A) 5 shall be representatives of units of 12 State or local government with expertise relat- 13 ing to highway engineering and safety issues, 14 including— 15 ‘‘(i) motorcycle and motorcyclist safe- 16 ty; 17 ‘‘(ii) barrier and road design, con- 18 struction, and maintenance; or 19 ‘‘(iii) intelligent transportation sys- 20 tems; 21 ‘‘(B) 1 shall be a motorcyclist who serves 22 as a State or local— 23 ‘‘(i) traffic and safety engineer; 24 ‘‘(ii) design engineer; or 25 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1853 IS ‘‘(iii) other transportation department 1 official; 2 ‘‘(C) 1 shall be a representative of a na- 3 tional association of State transportation offi- 4 cials; 5 ‘‘(D) 1 shall be a representative of a na- 6 tional motorcyclist association; 7 ‘‘(E) 1 shall be a representative of a na- 8 tional motorcyclist foundation; 9 ‘‘(F) 1 shall be a representative of a na- 10 tional motorcycle manufacturing association; 11 ‘‘(G) 1 shall be a representative of a mo- 12 torcycle manufacturing company headquartered 13 in the United States; 14 ‘‘(H) 1 shall be a roadway safety data ex- 15 pert with expertise relating to crash testing and 16 analysis; and 17 ‘‘(I) 1 shall be a member of a national 18 safety organization that represents the traffic 19 safety systems industry. 20 ‘‘(2) TERM.— 21 ‘‘(A) IN GENERAL.—Subject to subpara- 22 graphs (B) and (C), each member shall serve on 23 the Council for a single term of 2 years. 24 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1853 IS ‘‘(B) ADDITIONAL TERM.—If a successor 1 is not appointed for a member of the Council 2 before the expiration of the term of service of 3 the member, the member may serve on the 4 Council for a second term of not longer than 2 5 years. 6 ‘‘(C) APPOINTMENT OF REPLACEMENTS.— 7 If a member of the Council resigns before the 8 expiration of the 2-year term of service of the 9 member— 10 ‘‘(i) the Secretary may appoint a re- 11 placement for the member, who shall serve 12 the remaining portion of the term; and 13 ‘‘(ii) the resigning member may con- 14 tinue to serve after resignation until the 15 date on which a successor is appointed. 16 ‘‘(3) VACANCIES.—A vacancy on the Council 17 shall be filled in the manner in which the original 18 appointment was made. 19 ‘‘(4) COMPENSATION.—A member of the Coun- 20 cil shall serve without compensation. 21 ‘‘(c) DUTIES.— 22 ‘‘(1) ADVISING.—The Council shall advise the 23 Secretary, the Administrator of the National High- 24 way Traffic Safety Administration, and the Adminis- 25 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1853 IS trator of the Federal Highway Administration re- 1 garding transportation safety issues of concern to 2 motorcyclists, including— 3 ‘‘(A) motorcycle and motorcyclist safety; 4 ‘‘(B) barrier and road design, construction, 5 and maintenance practices; and 6 ‘‘(C) the architecture and implementation 7 of intelligent transportation system tech- 8 nologies. 9 ‘‘(2) BIENNIAL REPORT.—Not later than Octo- 10 ber 31 of the first calendar year beginning after the 11 date on which the Council is established, and not 12 less frequently than once every 2 years thereafter, 13 the Council shall submit to the Secretary a report 14 containing recommendations of the Council regard- 15 ing the issues described in paragraph (1). 16 ‘‘(d) DUTIES OF SECRETARY.— 17 ‘‘(1) COUNCIL RECOMMENDATIONS.— 18 ‘‘(A) IN GENERAL.—The Secretary shall 19 determine whether to accept or reject a rec- 20 ommendation contained in a report of the 21 Council under subsection (c)(2). 22 ‘‘(B) INCLUSION IN REVIEW.— 23 ‘‘(i) IN GENERAL.—The Secretary 24 shall indicate in each review under para- 25 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1853 IS graph (2) whether the Secretary accepts or 1 rejects each recommendation of the Coun- 2 cil covered by the review. 3 ‘‘(ii) EXCEPTION.—The Secretary 4 may indicate in a review under paragraph 5 (2) that a recommendation of the Council 6 is under consideration, subject to the con- 7 dition that a recommendation so under 8 consideration shall be accepted or rejected 9 by the Secretary in the subsequent review 10 of the Secretary under paragraph (2). 11 ‘‘(2) REVIEW.— 12 ‘‘(A) IN GENERAL.—Not later than 60 13 days after the date on which the Secretary re- 14 ceives a report from the Council under sub- 15 section (c)(2), the Secretary shall submit a re- 16 view describing the response of the Secretary to 17 the recommendations of the Council contained 18 in the Council report to— 19 ‘‘(i) the Committee on Commerce, 20 Science, and Transportation of the Senate; 21 ‘‘(ii) the Committee on Environment 22 and Public Works of the Senate; 23 ‘‘(iii) the Subcommittee on Transpor- 24 tation, Housing and Urban Development, 25 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1853 IS and Related Agencies of the Committee on 1 Appropriations of the Senate; 2 ‘‘(iv) the Committee on Transpor- 3 tation and Infrastructure of the House of 4 Representatives; and 5 ‘‘(v) the Subcommittee on Transpor- 6 tation, and Housing and Urban Develop- 7 ment, and Related Agencies of the Com- 8 mittee on Appropriations of the House of 9 Representatives. 10 ‘‘(B) CONTENTS.—A review of the Sec- 11 retary under this paragraph shall include a de- 12 scription of— 13 ‘‘(i) each recommendation contained 14 in the Council report covered by the re- 15 view; and 16 ‘‘(ii)(I) each recommendation of the 17 Council that was categorized under para- 18 graph (1)(B)(ii) as under consideration by 19 the Secretary in the preceding review sub- 20 mitted under this paragraph; and 21 ‘‘(II) for each such recommendation, 22 whether the recommendation— 23 ‘‘(aa) is accepted or rejected by 24 the Secretary; or 25 VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1853 IS ‘‘(bb) remains under consider- 1 ation by the Secretary. 2 ‘‘(3) ADMINISTRATIVE AND TECHNICAL SUP- 3 PORT.—The Secretary shall provide to the Council 4 such administrative support, staff, and technical as- 5 sistance as the Secretary determines to be necessary 6 to carry out the duties of the Council under this sec- 7 tion. 8 ‘‘(e) TERMINATION.—The Council shall terminate on 9 the date that is 6 years after the date on which the Council 10 is established under subsection (a).’’. 11 (b) CONFORMING AMENDMENTS.— 12 (1) Section 1426 of the FAST Act (23 U.S.C. 13 101 note; Public Law 114–94) is repealed. 14 (2) The table of contents for the FAST Act 15 (Public Law 114–94; 129 Stat. 1313) is amended by 16 striking the item relating to section 1426. 17 (c) CLERICAL AMENDMENT.—The table of sections 18 for subchapter III of chapter 3 of title 49, United States 19 Code, is amended by inserting after the item relating to 20 section 354 the following: 21 ‘‘355. Motorcyclist Advisory Council.’’. Æ VerDate Sep 11 2014 04:35 Jun 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1853.IS S1853 kjohnson on DSK79L0C42PROD with BILLS