[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1853 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motorcyclist Advisory Council Act of 
2021''.

SEC. 2. MOTORCYCLIST ADVISORY COUNCIL.

    (a) In General.--Subchapter III of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 355. Motorcyclist Advisory Council
    ``(a) Establishment.--Not later than 90 days after the date of 
enactment of this section, the Secretary of Transportation (referred to 
in this section as the `Secretary') shall establish or designate a 
council, to be known as the `Motorcyclist Advisory Council' (referred 
to in this section as the `Council').
    ``(b) Membership.--
            ``(1) In general.--The Council shall be comprised of 13 
        members, to be appointed by the Secretary, of whom--
                    ``(A) 5 shall be representatives of units of State 
                or local government with expertise relating to highway 
                engineering and safety issues, including--
                            ``(i) motorcycle and motorcyclist safety;
                            ``(ii) barrier and road design, 
                        construction, and maintenance; or
                            ``(iii) intelligent transportation systems;
                    ``(B) 1 shall be a motorcyclist who serves as a 
                State or local--
                            ``(i) traffic and safety engineer;
                            ``(ii) design engineer; or
                            ``(iii) other transportation department 
                        official;
                    ``(C) 1 shall be a representative of a national 
                association of State transportation officials;
                    ``(D) 1 shall be a representative of a national 
                motorcyclist association;
                    ``(E) 1 shall be a representative of a national 
                motorcyclist foundation;
                    ``(F) 1 shall be a representative of a national 
                motorcycle manufacturing association;
                    ``(G) 1 shall be a representative of a motorcycle 
                manufacturing company headquartered in the United 
                States;
                    ``(H) 1 shall be a roadway safety data expert with 
                expertise relating to crash testing and analysis; and
                    ``(I) 1 shall be a member of a national safety 
                organization that represents the traffic safety systems 
                industry.
            ``(2) Term.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), each member shall serve on the Council for a 
                single term of 2 years.
                    ``(B) Additional term.--If a successor is not 
                appointed for a member of the Council before the 
                expiration of the term of service of the member, the 
                member may serve on the Council for a second term of 
                not longer than 2 years.
                    ``(C) Appointment of replacements.--If a member of 
                the Council resigns before the expiration of the 2-year 
                term of service of the member--
                            ``(i) the Secretary may appoint a 
                        replacement for the member, who shall serve the 
                        remaining portion of the term; and
                            ``(ii) the resigning member may continue to 
                        serve after resignation until the date on which 
                        a successor is appointed.
            ``(3) Vacancies.--A vacancy on the Council shall be filled 
        in the manner in which the original appointment was made.
            ``(4) Compensation.--A member of the Council shall serve 
        without compensation.
    ``(c) Duties.--
            ``(1) Advising.--The Council shall advise the Secretary, 
        the Administrator of the National Highway Traffic Safety 
        Administration, and the Administrator of the Federal Highway 
        Administration regarding transportation safety issues of 
        concern to motorcyclists, including--
                    ``(A) motorcycle and motorcyclist safety;
                    ``(B) barrier and road design, construction, and 
                maintenance practices; and
                    ``(C) the architecture and implementation of 
                intelligent transportation system technologies.
            ``(2) Biennial report.--Not later than October 31 of the 
        first calendar year beginning after the date on which the 
        Council is established, and not less frequently than once every 
        2 years thereafter, the Council shall submit to the Secretary a 
        report containing recommendations of the Council regarding the 
        issues described in paragraph (1).
    ``(d) Duties of Secretary.--
            ``(1) Council recommendations.--
                    ``(A) In general.--The Secretary shall determine 
                whether to accept or reject a recommendation contained 
                in a report of the Council under subsection (c)(2).
                    ``(B) Inclusion in review.--
                            ``(i) In general.--The Secretary shall 
                        indicate in each review under paragraph (2) 
                        whether the Secretary accepts or rejects each 
                        recommendation of the Council covered by the 
                        review.
                            ``(ii) Exception.--The Secretary may 
                        indicate in a review under paragraph (2) that a 
                        recommendation of the Council is under 
                        consideration, subject to the condition that a 
                        recommendation so under consideration shall be 
                        accepted or rejected by the Secretary in the 
                        subsequent review of the Secretary under 
                        paragraph (2).
            ``(2) Review.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which the Secretary receives a report from the 
                Council under subsection (c)(2), the Secretary shall 
                submit a review describing the response of the 
                Secretary to the recommendations of the Council 
                contained in the Council report to--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            ``(ii) the Committee on Environment and 
                        Public Works of the Senate;
                            ``(iii) the Subcommittee on Transportation, 
                        Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the Senate;
                            ``(iv) the Committee on Transportation and 
                        Infrastructure of the House of Representatives; 
                        and
                            ``(v) the Subcommittee on Transportation, 
                        and Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the House of Representatives.
                    ``(B) Contents.--A review of the Secretary under 
                this paragraph shall include a description of--
                            ``(i) each recommendation contained in the 
                        Council report covered by the review; and
                            ``(ii)(I) each recommendation of the 
                        Council that was categorized under paragraph 
                        (1)(B)(ii) as under consideration by the 
                        Secretary in the preceding review submitted 
                        under this paragraph; and
                            ``(II) for each such recommendation, 
                        whether the recommendation--
                                    ``(aa) is accepted or rejected by 
                                the Secretary; or
                                    ``(bb) remains under consideration 
                                by the Secretary.
            ``(3) Administrative and technical support.--The Secretary 
        shall provide to the Council such administrative support, 
        staff, and technical assistance as the Secretary determines to 
        be necessary to carry out the duties of the Council under this 
        section.
    ``(e) Termination.--The Council shall terminate on the date that is 
6 years after the date on which the Council is established under 
subsection (a).''.
    (b) Conforming Amendments.--
            (1) Section 1426 of the FAST Act (23 U.S.C. 101 note; 
        Public Law 114-94) is repealed.
            (2) The table of contents for the FAST Act (Public Law 114-
        94; 129 Stat. 1313) is amended by striking the item relating to 
        section 1426.
    (c) Clerical Amendment.--The table of sections for subchapter III 
of chapter 3 of title 49, United States Code, is amended by inserting 
after the item relating to section 354 the following:

``355. Motorcyclist Advisory Council.''.
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