49 U.S.C. § 355 — Motorcyclist Advisory Council

(a) Establishment. Within 90 days after this section became law, the Secretary of Transportation ("the Secretary") had to create a council called the Motorcyclist Advisory Council ("the Council"). (b) Membership. (1) In general. The Council has 13 members, appointed by the Secretary: (A) 5 members represent state or local governments and have expertise in highway engineering and safety, covering motorcycle and motorcyclist safety, barrier and road design, construction, and maintenance, or intelligent transportation systems; (B) 1 member is a motorcyclist working as a state or local traffic and safety engineer, design engineer, or other transportation official; (C) 1 member represents a national association of state transportation officials; (D) 1 member represents a national motorcyclist association; (E) 1 member represents a national motorcyclist foundation; (F) 1 member represents a national motorcycle manufacturing association; (G) 1 member represents a U.S.-headquartered motorcycle manufacturing company; (H) 1 member is a roadway safety data expert in crash testing and analysis; and (I) 1 member belongs to a national safety organization representing the traffic safety systems industry. (2) Term. (A) In general, each member normally serves one term of 2 years. (B) Additional term: if no replacement has been appointed by the time a member's term ends, that member may serve a second term, up to 2 more years. (C) Appointment of replacements: if a member resigns before their 2-year term ends, the Secretary may appoint a replacement to finish the term, and the resigning member can keep serving until a successor is appointed. (3) Vacancies. Any vacancy is filled the same way the original appointment was made. (4) Compensation. Members serve without pay. (c) Duties. (1) Advising. The Council advises the Secretary, the head of the National Highway Traffic Safety Administration, and the head of the Federal Highway Administration on transportation safety issues that matter to motorcyclists, including motorcycle and motorcyclist safety; barrier and road design, construction, and maintenance; and the architecture and use of intelligent transportation systems. (2) Biennial report. By October 31 of the year after the Council is established, and at least once every two years after that, the Council must send the Secretary a report with its recommendations on those issues. (d) Duties of Secretary. (1) Council recommendations. (A) In general, the Secretary decides whether to accept or reject each recommendation in a Council report. (B) Inclusion in review: in each review under paragraph (2), the Secretary must state whether each Council recommendation covered by that review is accepted or rejected. As an exception, the Secretary may instead label a recommendation "under consideration" — but must then accept or reject it in the Secretary's next review. (2) Review. (A) In general, within 60 days of getting a Council report, the Secretary must send a review describing the Secretary's response to the Council's recommendations to five committees: the Senate Committee on Commerce, Science, and Transportation; the Senate Committee on Environment and Public Works; the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies; the House Committee on Transportation and Infrastructure; and the House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies. (B) Contents: each review must describe every recommendation from the Council report that it covers, plus — for any recommendation the prior review had listed as "under consideration" — whether that recommendation is now accepted, rejected, or still under consideration. (3) Administrative and technical support. The Secretary must give the Council whatever administrative support, staff, and technical help the Secretary decides the Council needs to do its job. (e) Termination. The Council ends automatically 6 years after it is established.