CHAPTER 63 —BUREAU OF TRANSPORTATION STATISTICS
Editorial Notes
Amendments
2015—
§6301. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
Construction
"(1) For purposes of determining whether 1 provision of law supersedes another based on enactment later in time, a
"(2) A reference to a section 111 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding
"(3) A regulation, order, or other administrative action in effect under a section 111 provision continues in effect under the corresponding
"(4) An action taken or an offense committed under a section 111 provision is deemed to have been taken or committed under the corresponding
§6302. Bureau of Transportation Statistics
(a)
(b)
(1)
(2)
(3)
(A)
(i) serve as the senior advisor to the Secretary on data and statistics; and
(ii) be responsible for carrying out the duties described in subparagraph (B).
(B)
(i) ensure that the statistics compiled under clause (vi) are designed to support transportation decisionmaking by—
(I) the Federal Government;
(II) State and local governments;
(III) metropolitan planning organizations;
(IV) transportation-related associations;
(V) the private sector, including the freight community; and
(VI) the public;
(ii) establish on behalf of the Secretary a program—
(I) to effectively integrate safety data across modes; and
(II) to address gaps in existing safety data programs of the Department;
(iii) work with the operating administrations of the Department—
(I) to establish and implement the data programs of the Bureau; and
(II) to improve the coordination of information collection efforts with other Federal agencies;
(iv) continually improve surveys and data collection methods of the Department to improve the accuracy and utility of transportation statistics;
(v) encourage the standardization of data, data collection methods, and data management and storage technologies for data collected by—
(I) the Bureau;
(II) the operating administrations of the Department;
(III) State and local governments;
(IV) metropolitan planning organizations; and
(V) private sector entities;
(vi) collect, compile, analyze, and publish a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on—
(I) transportation safety across all modes and intermodally;
(II) the state of good repair of United States transportation infrastructure;
(III) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under section 6309;
(IV) economic efficiency across the entire transportation sector;
(V) employment in the transportation sector;
(VI) the effects of the transportation system, including advanced technologies and automation, on global and domestic economic competitiveness;
(VII) demographic, economic, and other variables influencing travel behavior, including choice of transportation mode and goods movement;
(VIII) transportation-related variables that influence the domestic economy and global competitiveness;
(IX) economic costs and impacts for passenger travel and freight movement;
(X) intermodal and multimodal passenger movement;
(XI) intermodal and multimodal freight movement; and
(XII) consequences of transportation for the human and natural environment;
(vii) build and disseminate the transportation layer of the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order), including by coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by other entities;
(viii) issue guidelines for the collection of information by the Department that the Director determines necessary to develop transportation statistics and carry out modeling, economic assessment, and program assessment activities to ensure that such information is accurate, reliable, relevant, uniform, and in a form that permits systematic analysis by the Department;
(ix) review and report to the Secretary on the sources and reliability of—
(I) the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993 (
(II) at the request of the Secretary, any other data collected or statistical information published by the heads of the operating administrations of the Department; and
(x) ensure that the statistics published under this section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests.
(c)
(d)
(1)
(A) to obtain the approval of any other officer or employee of the Department with respect to the collection or analysis of any information; or
(B) prior to publication, to obtain the approval of any other officer or employee of the United States Government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the Director.
(2)
(A) all hiring, grants, cooperative agreements, and contracts awarded by the Bureau to carry out this section; and
(B) the disposition and allocation of amounts paid to the Bureau for cost-reimbursable projects.
(3)
(4)
(Added
Editorial Notes
References in Text
Executive Order 12906, referred to in subsec. (b)(3)(B)(vii), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under
The Government Performance and Results Act of 1993, referred to in subsec. (b)(3)(B)(ix)(I), is
Amendments
2021—Subsec. (b)(3)(B)(vi)(V) to (XII).
2019—Subsec. (d)(4).
2015—Subsec. (a).
Subsec. (b)(3)(B)(vi)(III).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2015 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
Transitional and Savings Provisions
For transitional and savings provisions related to the amendment of this section and other provisions of law by title III of
Federal Support for Local Decisionmaking
"(a)
"(1) States;
"(2) political subdivisions of States;
"(3) cities;
"(4) metropolitan planning organizations;
"(5) regional transportation planning organizations; and
"(6) federally recognized Indian Tribes.
"(b)
"(1)
"(2)
"(A) a description of the data analysis tools identified that would benefit infrastructure decision-making by local governments and address the goals described in subsection (c);
"(B) a review of the datasets that local governments need to effectively use the data analysis tools described in subparagraph (A);
"(C) an identification of existing or proposed data analysis tools that use publicly available data;
"(D) the estimated cost of obtaining each dataset described in subparagraph (B);
"(E) the estimated cost to develop the data analysis tools described in subparagraph (A);
"(F) a prioritization for the development of data analysis tools described in subparagraph (A); and
"(G) a determination as to whether it would be appropriate for the Federal Government to develop the data analysis tools described in subparagraph (A).
"(c)
"(1)
"(2)
"(A) Improving maintenance of existing assets.
"(B) Rebuilding infrastructure to a state of good repair.
"(C) Creating economic development through infrastructure development.
"(D) Establishing freight plans and infrastructure that connects the community to supply chains.
"(E) Increasing options for communities that lack access to affordable transportation to improve access to jobs, affordable housing, schools, medical services, foods and other essential community services.
"(F) Reducing congestion.
"(G) Improving community resilience to extreme weather events.
"(H) Any other subject, as the Director determines to be necessary.
"(d)
"(e)
Office of Airline Information
§6303. Intermodal transportation database
(a)
(b)
(c)
(1) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation, intermodal combinations, and relevant classification;
(2) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes), intermodal combinations, and relevant classification;
(3) information on the location and connectivity of transportation facilities and services; and
(4) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6304. National Transportation Library
(a)
(1) be headed by an individual who is highly qualified in library and information science;
(2) acquire, preserve, and manage transportation information and information products and services for use by the Department, other Federal agencies, and the general public;
(3) provide reference and research assistance;
(4) serve as a central depository for research results and technical publications of the Department;
(5) provide a central clearinghouse for transportation data and information of the Federal Government;
(6) serve as coordinator and policy lead for transportation information access;
(7) provide transportation information and information products and services to—
(A) the Department;
(B) other Federal agencies;
(C) public and private organizations; and
(D) individuals, within the United States and internationally;
(8) coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance centers, in conjunction with private industry and other transportation library and information centers, with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in section 6302(b)(3)(B)(vi); and
(9) engage in such other activities as the Director determines to be necessary and as the resources of the Library permit.
(b)
(c)
(1)
(A) State or local government;
(B) organization;
(C) business; or
(D) individual.
(2)
(3)
(Added
Statutory Notes and Related Subsidiaries
Change of Name
"Office of the Assistant Secretary for Research and Technology of the Department of Transportation's" substituted for "Research and Innovative Technology Administration's" in subsec. (c)(3) on authority of title I of div. L of
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6305. Advisory council on transportation statistics
(a)
(b)
(1) the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department; and
(2) methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.
(c)
(1)
(2)
(A) are not officers or employees of the United States;
(B) possess expertise in—
(i) transportation data collection, analysis, or application;
(ii) economics; or
(iii) transportation safety; and
(C) represent a cross section of transportation stakeholders, to the greatest extent possible.
(d)
(1)
(2)
(3)
(e)
(Added
Editorial Notes
References in Text
The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (d)(3), is the date of enactment of div. E of
Amendments
2022—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
Termination of Advisory Council on Transportation Statistics
Advisory Council on Transportation Statistics terminated Oct. 5, 2018, see section 418(g) of
Advisory Council on Transportation Statistics
§6306. Transportation statistical collection, analysis, and dissemination
To ensure that all transportation statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director may—
(1) use the services, equipment, records, personnel, information, and facilities of other Federal agencies, or State, local, and private agencies and instrumentalities, subject to the conditions that the applicable agency or instrumentality consents to that use and with or without reimbursement for such use;
(2) enter into agreements with the agencies and instrumentalities described in paragraph (1) for purposes of data collection and analysis;
(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local agencies;
(4) request such information, data, and reports from any Federal agency as the Director determines necessary to carry out this chapter;
(5) encourage replication, coordination, and sharing of information among transportation agencies regarding information systems, information policy, and data; and
(6) confer and cooperate with Federal statistical agencies as the Director determines necessary to carry out this chapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6307. Furnishing of information, data, or reports by Federal agencies
(a)
(b)
(1)
(A) make any disclosure in which the data provided by an individual or organization under section 6302(b)(3)(B) or section 6314(b) can be identified;
(B) use the information provided under section 6302(b)(3)(B) or section 6314(b) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under section 6302(b)(3)(B) or section 6314(b).
(2)
(A)
(B)
(i) shall be immune from legal process; and
(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings.
(C)
(3)
(c)
(1) information that is expressly prohibited by law from being disclosed to another Federal agency; or
(2) information that the agency possessing the information determines could not be disclosed without significantly impairing the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.
(Added
Editorial Notes
Amendments
2015—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6308. Proceeds of data product sales
Notwithstanding
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6309. National transportation atlas database
(a)
(1) transportation networks;
(2) flows of people, goods, vehicles, and craft over the transportation networks; and
(3) social, economic, and environmental conditions that affect or are affected by the transportation networks.
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6310. Limitations on statutory construction
Nothing in this chapter—
(1) authorizes the Bureau to require any other Federal agency to collect data; or
(2) alters or diminishes the authority of any other officer of the Department to collect and disseminate data independently.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6311. Research and development grants
The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for—
(1) investigation of the subjects described in section 6302(b)(3)(B)(vi);
(2) research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(3) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;
(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; and
(5) development and improvement of methods for sharing geographic data, in support of the database under section 6310 1 and the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order).
(Added
Editorial Notes
References in Text
Executive Order 12906, referred to in par. (5), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
1 So in original. Probably should be "section 6309".
§6312. Transportation statistics annual report
The Director shall submit to the President and Congress a transportation statistics annual report, which shall include—
(1) information on the progress of the Director in carrying out the duties described in section 6302(b)(3)(B);
(2) documentation of the methods used to obtain and ensure the quality of the statistics presented in the report; and
(3) any recommendations of the Director for improving transportation statistical information.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6313. Mandatory response authority for freight data collection
(a)
(1)
(A) to answer completely and correctly to the best knowledge of that individual all questions relating to the corporation, company, business, institution, establishment, or other organization; or
(B) to make available records or statistics in the official custody of the individual.
(2)
(A) receives Federal funds relating to the freight program; and
(B) has consented to be subject to a fine under this subsection on—
(i) refusal to supply any data requested; or
(ii) failure to respond to a written request.
(b)
(1)
(2)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of
§6314. Port performance freight statistics program
(a)
(1) the Nation's top 25 ports by tonnage;
(2) the Nation's top 25 ports by 20-foot equivalent unit; and
(3) the Nation's top 25 ports by dry bulk.
(b)
(1)
(2)
(A) receives Federal assistance; or
(B) is subject to Federal regulation to submit necessary information to the Bureau that includes statistics on capacity and throughput as applicable to the specific configuration of the port.
(c)
(1)
(A) port performance measures, including specifications and data measurements to be used in the program established under subsection (a); and
(B) a process for the Department to collect timely and consistent data, including identifying safeguards to protect proprietary information described in subsection (b)(2).
(2)
(A) operating administrations of the Department;
(B) the Coast Guard;
(C) the Federal Maritime Commission;
(D) U.S. Customs and Border Protection;
(E) the Marine Transportation System National Advisory Council;
(F) the Army Corps of Engineers;
(G) the Great Lakes St. Lawrence Seaway Development Corporation;
(H) the Bureau of Labor Statistics;
(I) the Maritime Advisory Committee for Occupational Safety and Health;
(J) the Advisory Committee on Supply Chain Competitiveness;
(K) 1 representative from the rail industry;
(L) 1 representative from the trucking industry;
(M) 1 representative from the maritime shipping industry;
(N) 1 representative from a labor organization for each industry described in subparagraphs (K) through (M);
(O) 1 representative from the International Longshoremen's Association;
(P) 1 representative from the International Longshore and Warehouse Union;
(Q) 1 representative from a port authority;
(R) 1 representative from a terminal operator;
(S) representatives of the National Freight Advisory Committee of the Department; and
(T) representatives of the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine.
(3)
(d)
(1) the statistics compiled under this section—
(A) are readily accessible to the public; and
(B) are consistent with applicable security constraints and confidentiality interests; and
(2) the data acquired, regardless of source, shall be protected in accordance with
(Added
Editorial Notes
References in Text
The date of the enactment of the Transportation for Tomorrow Act of 2015, referred to in subsec. (c)(2), (3), is the date of enactment of title VI of div. A of
Amendments
2020—Subsec. (c)(2)(G).
2019—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
Transitional and Savings Provisions
For transitional and savings provisions related to the amendment of this section and other provisions of law by title III of