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S. 1853Senate117th Congress (2021-2023)In Committee

Motorcyclist Advisory Council Act of 2021

Sponsored by Gary C. PetersSen. Gary C. Peters (D-MI)
Introduced May 26, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:39 AM UTC

The Motorcyclist Advisory Council Act of 2021 amends Title 49 of the U.S. Code to create a new Motorcyclist Advisory Council within the Department of Transportation. The 13‑member council, made up of state and local officials, motorcyclist groups, manufacturers, and safety experts, will advise the Secretary of Transportation, the NHTSA Administrator, and the FHWA Administrator on motorcycle safety, road design, and intelligent‑transportation‑system issues. It must submit biennial recommendation reports, and the Secretary must review and report on those recommendations to Congress. The council is set to exist for six years before it terminates.

Key Provisions

  • Establishes the Motorcyclist Advisory Council within 90 days of enactment
  • Specifies a 13‑member composition including state/local government experts, motorcyclist representatives, manufacturers, and safety data experts
  • Sets two‑year terms for members, allows a possible second term if no successor is appointed, and provides procedures for vacancies and replacements; members serve without compensation
  • Requires the council to advise the Secretary of Transportation, NHTSA Administrator, and FHWA Administrator on motorcycle safety, road design, and ITS, and to submit a report with recommendations at least every two years
  • Mandates the Secretary to review council recommendations within 60 days, indicate acceptance, rejection, or consideration, and report the review to multiple Senate and House committees
  • Provides the Secretary with authority to give administrative and technical support to the council
  • States that the council will terminate six years after its establishment
  • Repeals section 1426 of the FAST Act and updates the FAST Act’s table of contents accordingly

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

May 26, 2021

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SenateIntro Referral

Introduced in Senate

May 26, 2021

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

May 26, 2021

Bill Text

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Introduced in SenateIssued May 26, 2021

II

117th CONGRESS

1st Session

S. 1853

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.

1.

Short title

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

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:

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.

.