January 31, 2025
Mr. Cohen introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To establish the position of National Roadway Safety Advocate within the Department of Transportation, and for other purposes.
Section 1. Short title
This Act may be cited as the DOT Victim and Survivor Advocate Act
.
Sec. 2. Position of National Roadway Safety Advocate
(a) Definitions
In this section:
(1) Department
The term Department means the Department of Transportation.
(2) Secretary
The term Secretary means the Secretary of Transportation.
(3) Stakeholder
(A) In general
The term stakeholder means—
(i)
a victim or survivor of a road crash; and
(ii)
a family member of a victim or survivor of a road crash.
(B) Family member
For purposes of subparagraph (A)(ii), the term family member shall not be limited to a parent, parent-in-law, grandparent, grandparent-in-law, sibling, spouse, child, or step-child of a victim or survivor of a road crash.
(b) Establishment
(1) In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of the Under Secretary of Transportation for Policy of the Department a position, to be known as the National Roadway Safety Advocate
.
(2) Career position
The position of National Roadway Safety Advocate shall be filled by a career appointment.
(c) Purposes of the position
The purposes of the position of the National Roadway Safety Advocate are—
(1)
to document and communicate recommendations from stakeholders to the Secretary on needs, objectives, plans, approaches, content, and accomplishments of the programs and activities carried out by the Department relating to roadway safety; and
(2)
to serve as a resource and point of contact for stakeholders on relevant roadway safety issues.
(d) Authority and limitations
(1) Authority
The National Roadway Safety Advocate may—
(A)
provide—
(i)
education on Department activities to stakeholders; and
(ii)
means for stakeholders to provide the perspective of the stakeholders on roadway safety issues to the Department;
(B)
explain Department processes, procedures, scientific principles, and technical information to victims of roadway safety incidents and advocates in plain language;
(C)
communicate the perspective of stakeholders within Department processes;
(D)
provide aggregated feedback on the regulatory agenda and activities of the Department from stakeholders to the Secretary;
(E)
build relationships with individual stakeholders, through establishing consistent outreach and dialogue for feedback, to enhance the engagement in the mission of the Department;
(F)
publish educational materials for enhancing stakeholder understanding of activities and procedures of the Department in accessible formats and venues, with clear and easy to understand wording, consistent with Department policy, in multiple languages;
(G)
consult with and make recommendations to the Secretary relating to the appointment of stakeholders who may be appropriate for roles in advisory roadway safety committees, in accordance with chapter 10 of title 5, United States Code;
(H)
meet not less frequently than once per quarter with the Secretary to highlight issues, make recommendations for resolving problems and alleviating stakeholder roadway safety concerns, and summarize input from stakeholders on proposed roadway safety initiatives;
(I)
refer questions to the Office of the General Counsel or the Office of the Under Secretary of Transportation for Policy, as appropriate;
(J)
work collaboratively with other offices in the Department that are working to educate and communicate with stakeholders on roadway safety issues; and
(K)
perform such other duties as may be determined by the Secretary.
(2) Limitations
The National Roadway Safety Advocate may not—
(A)
provide legal notice, counsel, or determinations of any kind;
(B)
set or delay any agency deadlines;
(C)
make Department decisions;
(D)
create or authorize Department policies, priorities, or activities;
(E)
modify or interfere with any laws, regulations, related policies, practices, or procedures followed or enforced by the Department;
(F)
prevent other Department staff from working directly with stakeholders;
(G)
disclose or discuss any enforcement matters that are under investigation, in litigation, or the subject of a civil penalty investigation or any other pre-litigation or litigation proceeding; or
(H)
disclose or discuss any human resource matters with individuals outside of the Department.
(e) Report to Office of the Under Secretary of Transportation for Policy
The National Roadway Safety Advocate shall report within the Office of the Under Secretary of Transportation for Policy of the Department.
(f) Support
The Office of the Under Secretary of Transportation for Policy of the Department shall provide necessary funding, logistics, and administrative support to the National Roadway Safety Advocate as necessary.
(g) Access to documents
The Department shall ensure that the National Roadway Safety Advocate has full and timely access to the documents of the Department, as necessary, to carry out the functions of the National Roadway Safety Advocate.
(h) Reports required
(1) Annual report
Not later than November 15 of each year, the National Roadway Safety Advocate shall submit to the Secretary an annual report—
(A)
highlighting systemic issues relating to roadway safety based on information provided by stakeholders; and
(B)
making recommendations on how to remedy the issues highlighted under subparagraph (A).
(2) Additional reports
In addition to the annual report required under paragraph (1), the National Roadway Safety Advocate may submit to the Secretary such additional reports, as determined necessary by the National Roadway Safety Advocate, in accordance with the requirements of that paragraph.