Motorcyclist Advisory Council Reauthorization Act

I 116TH CONGRESS 1ST SESSION H. R. 5234 To direct the Secretary of Transportation to establish a Motorcyclist Advisory Council, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2019 Mr. GALLAGHER (for himself, Mr. PAPPAS, Mr. ROUDA, and Mr. BALDERSON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to establish a Motorcyclist Advisory Council, and for other purposes. 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 Reauthorization Act’’. 5 SEC. 2. MOTORCYCLIST ADVISORY COUNCIL. 6 (a) ESTABLISHMENT.—Not later than 90 days after 7 the date of enactment of this Act, the Secretary of Trans- 8 portation shall establish a Motorcyclist Advisory Council 9 (in this section referred to as the ‘‘Council’’). 10 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 2 •HR 5234 IH (b) DUTIES.— 1 (1) ADVISING.—The Council shall advise the 2 Secretary, the Administrator of the National High- 3 way Traffic Safety Administration, and the Adminis- 4 trator of the Federal Highway Administration on 5 transportation issues of concern to motorcyclists, in- 6 cluding— 7 (A) barrier design; 8 (B) road design, construction, and mainte- 9 nance practices; and 10 (C) the architecture and implementation of 11 intelligent transportation system technologies. 12 (2) BIENNIAL COUNCIL REPORT.— 13 (A) IN GENERAL.—The Council shall sub- 14 mit a report to the Secretary containing the 15 Council’s recommendations regarding the issues 16 described in paragraph (1) on which the Coun- 17 cil provides advice pursuant to such paragraph. 18 (B) TIMING.—Not later than October 31 19 of the calendar year following the calendar year 20 in which the Council is established, and by 21 every 2d October 31 thereafter, the Council 22 shall submit the report required under this 23 paragraph. 24 (c) MEMBERSHIP.— 25 VerDate Sep 11 2014 02:08 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 3 •HR 5234 IH (1) IN GENERAL.—The Council shall be com- 1 prised of 12 members appointed by the Secretary as 2 follows: 3 (A) Five experts from State or local gov- 4 ernment on highway engineering issues, includ- 5 ing— 6 (i) barrier design; 7 (ii) road design, construction, and 8 maintenance; or 9 (iii) intelligent transportation systems. 10 (B) One State or local traffic and safety 11 engineer, design engineer, or other transpor- 12 tation department official who is a motorcyclist. 13 (C) One representative from a national as- 14 sociation of State transportation officials. 15 (D) One representative from a national 16 motorcyclist association. 17 (E) One representative from a national 18 motorcyclist foundation. 19 (F) One representative from a national 20 motorcycle manufacturing association. 21 (G) One roadway safety data expert on 22 crash testing and analysis. 23 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 4 •HR 5234 IH (H) One member of a national safety orga- 1 nization that represents the traffic safety sys- 2 tems industry. 3 (2) DURATION.— 4 (A) TERM.—Subject to subparagraphs (B) 5 and (C), each member shall serve one term of 6 2 years. 7 (B) ADDITIONAL TERMS.—If a successor is 8 not designated for a member before the expira- 9 tion of the term the member is serving, the 10 member may serve another term. 11 (C) APPOINTMENT OF REPLACEMENTS.—If 12 a member resigns before serving a full 2-year 13 term, the Secretary may appoint a replacement 14 for such member to serve the remaining portion 15 such term. A member may continue to serve 16 after resignation until a successor has been ap- 17 pointed. A vacancy in the Council shall be filled 18 in the manner in which the original appoint- 19 ment was made. 20 (3) COMPENSATION.—Members shall serve 21 without compensation. 22 (d) TERMINATION.—The Council shall terminate 6 23 years after the date of its establishment. 24 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 5 •HR 5234 IH SEC. 3. DUTIES OF THE SECRETARY. 1 (a) ACCEPT OR REJECT RECOMMENDATION.— 2 (1) SECRETARY DETERMINES.—The Secretary 3 shall determine whether to accept or reject a rec- 4 ommendation contained in a Council report. 5 (2) TIMING.— 6 (A) MUST ACCEPT OR REJECT.—The Sec- 7 retary must indicate in each report submitted 8 under this section the Secretary’s acceptance or 9 rejection of each recommendation listed in such 10 report. 11 (B) EXCEPTION.—The Secretary may indi- 12 cate in a report submitted under this section 13 that a recommendation is under consideration. 14 If the Secretary does so, the Secretary must ac- 15 cept or reject the recommendation in the next 16 report submitted under this section. 17 (b) REPORT.— 18 (1) IN GENERAL.—Not later than 60 days after 19 the Secretary receives a Council report, the Sec- 20 retary shall submit a report to the following commit- 21 tees and subcommittees: 22 (A) The Committee on Transportation and 23 Infrastructure of the House of Representatives. 24 (B) The Committee on Environment and 25 Public Works of the Senate. 26 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 6 •HR 5234 IH (C) The Committee on Commerce, Science, 1 and Transportation of the Senate. 2 (D) The Subcommittee on Transportation, 3 and Housing and Urban Development, and Re- 4 lated Agencies of the Committee on Appropria- 5 tions of the House of Representatives. 6 (E) The Subcommittee on Transportation, 7 and Housing and Urban Development, and Re- 8 lated Agencies of the Committee on Appropria- 9 tions of the Senate. 10 (2) CONTENTS.—A report submitted under this 11 subsection shall include— 12 (A) a list containing— 13 (i) each recommendation contained in 14 the Council report described in paragraph 15 (1); and 16 (ii) each recommendation indicated as 17 under consideration in the previous report 18 submitted under this subsection; and 19 (B) for each such recommendation, wheth- 20 er it is accepted, rejected, or under consider- 21 ation by the Secretary. 22 (c) ADMINISTRATIVE AND TECHNICAL SUPPORT.— 23 The Secretary shall provide such administrative support, 24 staff, and technical assistance to the Council as the Sec- 25 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS 7 •HR 5234 IH retary determines to be necessary for the Council to carry 1 out its duties. 2 SEC. 4. DEFINITIONS. 3 In this Act, the following definitions apply: 4 (1) COUNCIL REPORT.—The term ‘‘Council re- 5 port’’ means the report described in section 2(b)(2). 6 (2) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Transportation. 8 Æ VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5234.IH H5234 kjohnson on DSK79L0C42 with BILLS