Motorcyclist Advisory Council Reauthorization Act

II 116TH CONGRESS 2D SESSION S. 3249 To amend the FAST Act to modify a provision relating to the Motorcyclist Advisory Council. IN THE SENATE OF THE UNITED STATES FEBRUARY 3, 2020 Mr. JOHNSON (for himself and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the FAST Act to modify a provision relating to the 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 Reauthorization Act’’. 5 SEC. 2. MOTORCYCLIST ADVISORY COUNCIL. 6 Section 1426 of the FAST Act (23 U.S.C. 101 note; 7 Public Law 114–94) is amended to read as follows: 8 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3249 IS ‘‘SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL. 1 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 2 the date of enactment of the Motorcyclist Advisory Council 3 Reauthorization Act, the Secretary shall establish a coun- 4 cil, to be known as the ‘Motorcyclist Advisory Council’ (re- 5 ferred to in this section as the ‘Council’). 6 ‘‘(b) MEMBERSHIP.— 7 ‘‘(1) IN GENERAL.—The Council shall be com- 8 prised of 12 members, to be appointed by the Sec- 9 retary, of whom— 10 ‘‘(A) five shall be representatives of units 11 of State or local government with expertise re- 12 lating to highway engineering and safety issues, 13 including— 14 ‘‘(i) barrier design; 15 ‘‘(ii) road design, construction, and 16 maintenance; or 17 ‘‘(iii) intelligent transportation sys- 18 tems; 19 ‘‘(B) one shall be a motorcyclist who serves 20 as a State or local— 21 ‘‘(i) traffic and safety engineer; 22 ‘‘(ii) design engineer; or 23 ‘‘(iii) other transportation department 24 official; 25 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3249 IS ‘‘(C) one shall be a representative of a na- 1 tional association of State transportation offi- 2 cials; 3 ‘‘(D) one shall be a representative of a na- 4 tional motorcyclist association; 5 ‘‘(E) one shall be a representative of a na- 6 tional motorcyclist foundation; 7 ‘‘(F) one shall be a representative of a na- 8 tional motorcycle manufacturing association; 9 ‘‘(G) one shall be a roadway safety data 10 expert with expertise relating to crash testing 11 and analysis; and 12 ‘‘(H) one shall be a member of a national 13 safety organization that represents the traffic 14 safety systems industry. 15 ‘‘(2) TERM.— 16 ‘‘(A) IN GENERAL.—Subject to subpara- 17 graphs (B) and (C), each member shall serve on 18 the Council for a single term of 2 years. 19 ‘‘(B) ADDITIONAL TERM.—If a successor 20 is not appointed for a member of the Council 21 before the expiration of the term of service of 22 the member, the member may serve on the 23 Council for a second term of not longer than 2 24 years. 25 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3249 IS ‘‘(C) APPOINTMENT OF REPLACEMENTS.— 1 If a member of the Council resigns before the 2 expiration of the 2-year term of service of the 3 member— 4 ‘‘(i) the Secretary may appoint a re- 5 placement for the member, who shall serve 6 the remaining portion of the term; and 7 ‘‘(ii) the resigning member may con- 8 tinue to serve after resignation until the 9 date on which a successor is appointed. 10 ‘‘(3) VACANCIES.—A vacancy on the Council 11 shall be filled in the manner in which the original 12 appointment was made. 13 ‘‘(4) COMPENSATION.—A member of the Coun- 14 cil shall serve without compensation. 15 ‘‘(c) DUTIES.— 16 ‘‘(1) ADVISING.—The Council shall advise the 17 Secretary, the Administrator of the National High- 18 way Traffic Safety Administration, and the Adminis- 19 trator of the Federal Highway Administration re- 20 garding transportation safety issues of concern to 21 motorcyclists, including— 22 ‘‘(A) barrier design; 23 ‘‘(B) road design, construction, and main- 24 tenance practices; and 25 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3249 IS ‘‘(C) the architecture and implementation 1 of intelligent transportation system tech- 2 nologies. 3 ‘‘(2) BIENNIAL REPORT.—Not later than Octo- 4 ber 31, 2021, and not less frequently than once 5 every 2 years thereafter, the Council shall submit to 6 the Secretary a report containing recommendations 7 of the Council regarding the issues described in 8 paragraph (1). 9 ‘‘(d) DUTIES OF SECRETARY.— 10 ‘‘(1) COUNCIL RECOMMENDATIONS.— 11 ‘‘(A) IN GENERAL.—The Secretary shall 12 determine whether to accept or reject a rec- 13 ommendation contained in a report of the 14 Council under subsection (c)(2). 15 ‘‘(B) INCLUSION IN REVIEW.— 16 ‘‘(i) IN GENERAL.—The Secretary 17 shall indicate in each review under para- 18 graph (2) whether the Secretary accepts or 19 rejects each recommendation of the Coun- 20 cil covered by the review. 21 ‘‘(ii) EXCEPTION.—The Secretary 22 may indicate in a review under paragraph 23 (2) that a recommendation of the Council 24 is under consideration, subject to the con- 25 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3249 IS dition that a recommendation so under 1 consideration shall be accepted or rejected 2 by the Secretary in the subsequent review 3 of the Secretary under paragraph (2). 4 ‘‘(2) REVIEW.— 5 ‘‘(A) IN GENERAL.—Not later than 60 6 days after the date on which the Secretary re- 7 ceives a report from the Council under sub- 8 section (c)(2), the Secretary shall submit a re- 9 view describing the response of the Secretary to 10 the recommendations of the Council contained 11 in the Council report to— 12 ‘‘(i) the Committee on Commerce, 13 Science, and Transportation of the Senate; 14 ‘‘(ii) the Committee on Environment 15 and Public Works of the Senate; 16 ‘‘(iii) the Subcommittee on Transpor- 17 tation, and Housing and Urban Develop- 18 ment, and Related Agencies of the Com- 19 mittee on Appropriations of the Senate; 20 ‘‘(iv) the Committee on Transpor- 21 tation and Infrastructure of the House of 22 Representatives; and 23 ‘‘(v) the Subcommittee on Transpor- 24 tation, and Housing and Urban Develop- 25 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3249 IS ment, and Related Agencies of the Com- 1 mittee on Appropriations of the House of 2 Representatives. 3 ‘‘(B) CONTENTS.—A review of the Sec- 4 retary under this paragraph shall include a de- 5 scription of— 6 ‘‘(i) each recommendation contained 7 in the Council report covered by the re- 8 view; and 9 ‘‘(ii)(I) each recommendation of the 10 Council that was categorized under para- 11 graph (1)(B)(ii) as under consideration by 12 the Secretary in the preceding review sub- 13 mitted under this paragraph; and 14 ‘‘(II) for each such recommendation, 15 whether the recommendation— 16 ‘‘(aa) is accepted or rejected by 17 the Secretary; or 18 ‘‘(bb) remains under consider- 19 ation by the Secretary. 20 ‘‘(3) ADMINISTRATIVE AND TECHNICAL SUP- 21 PORT.—The Secretary shall provide to the Council 22 such administrative support, staff, and technical as- 23 sistance as the Secretary determines to be necessary 24 VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3249 IS to carry out the duties of the Council under this sec- 1 tion. 2 ‘‘(e) TERMINATION.—The Council shall terminate on 3 the date that is 6 years after the date on which the Council 4 is established under subsection (a).’’. 5 Æ VerDate Sep 11 2014 23:03 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S3249.IS S3249 kjohnson on DSK79L0C42PROD with BILLS