§ 111. — Bureau of Transportation Statistics.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC111]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 111. Bureau of Transportation Statistics
(a) Establishment.--There is established in the Department of
Transportation a Bureau of Transportation Statistics.
(b) Director.--
(1) Appointment.--The Bureau shall be headed by a Director who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The Director shall be appointed from among
individuals who are qualified to serve as the Director by virtue of
their training and experience in the compilation and analysis of
transportation statistics.
(3) Reporting.--The Director shall report directly to the
Secretary.
(4) Term.--The term of the Director shall be 4 years. The
Director may continue to serve after the expiration of the term
until a successor is appointed and confirmed.
(c) Responsibilities.--The Director of the Bureau shall be
responsible for carrying out the following duties:
(1) Compiling transportation statistics.--Compiling, analyzing,
and publishing a comprehensive set of transportation statistics to
provide timely summaries and totals (including industrywide
aggregates and multiyear averages) of transportation-related
information. Such statistics shall be suitable for conducting cost-
benefit studies (including comparisons among individual
transportation modes and intermodal transport systems) and shall
include information on--
(A) productivity in various parts of the transportation
sector;
(B) traffic flows;
(C) travel times;
(D) vehicle weights;
(E) variables influencing traveling behavior, including
choice of transportation mode;
(F) travel costs of intracity commuting and intercity trips;
(G) availability of mass transit and the number of
passengers served by each mass transit authority;
(H) frequency of vehicle and transportation facility repairs
and other interruptions of transportation service;
(I) accidents;
(J) collateral damage to the human and natural environment;
(K) the condition of the transportation system; and
(L) transportation-related variables that influence global
competitiveness.
(2) Implementing long-term data collection program.--
Establishing and implementing, in cooperation with the modal
administrators, the States, and other Federal officials a
comprehensive, long-term program for the collection and analysis of
data relating to the performance of the transportation systems of
the United States. Such program shall--
(A) be coordinated with efforts to measure outputs and
outcomes of the Department of Transportation and the
transportation systems of the United States under the Government
Performance and Results Act of 1993 (107 Stat. 285 et seq.) and
the amendments made by such Act;
(B) ensure that data is collected under this subsection in a
manner which will maximize the ability to compare data from
different regions and for different time periods; and
(C) ensure that data collected under this subsection is
controlled for accuracy, made relevant to the States and
metropolitan planning organizations, and disseminated to the
States and other interested parties.
(3) Issuing guidelines.--Issuing guidelines for the collection
of information by the Department of Transportation required for
statistics to be compiled under paragraph (1) in order to ensure
that such information is accurate, reliable, relevant, and in a form
that permits systematic analysis. The Bureau shall review and report
to the Secretary of Transportation on the sources and reliability of
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, and
the amendments made by such Act, and shall carry out such other
reviews of the sources and reliability of other data collected by
the heads of the operating administrations of the Department as
shall be requested by the Secretary.
(4) Coordinating collection of information.--Coordinating the
collection of information by the Department of Transportation
required for statistics to be compiled under paragraph (1) with
related information-gathering activities conducted by other Federal
departments and agencies and collecting appropriate data not
elsewhere gathered.
(5) Making statistics accessible.--Making the statistics
published under this subsection readily accessible.
(6) Identifying information needs.--Identifying information that
is needed under paragraph (1) but which is not being collected,
reviewing such needs at least annually with the Advisory Council on
Transportation Statistics, and making recommendations to appropriate
Department of Transportation research officials concerning
extramural and intramural research programs to provide such
information.
(7) Supporting transportation decisionmaking.--Ensuring that the
statistics compiled under paragraph (1) are relevant for
transportation decisionmaking by the Federal Government, State and
local governments, transportation-related associations, private
businesses, and consumers.
(d) Intermodal Transportation Data Base.--
(1) In general.--In consultation with the Associate Deputy
Secretary, the Assistant Secretaries, and the heads of the operating
administrations of the Department of Transportation, the Director
shall establish and maintain a transportation data base for all
modes of transportation.
(2) Use.--The data base shall be suitable for analyses carried
out by the Federal Government, the States, and metropolitan planning
organizations.
(3) Contents.--The data base shall include--
(A) information on the volumes and patterns of movement of
goods, including local, interregional, and international
movement, by all modes of transportation and intermodal
combinations, and by relevant classification;
(B) 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) and intermodal combinations, and by relevant
classification;
(C) information on the location and connectivity of
transportation facilities and services; and
(D) a national accounting of expenditures and capital stocks
on each mode of transportation and intermodal combination.
(e) National Transportation Library.--
(1) In general.--The Director shall establish and maintain a
National Transportation Library, which shall contain a collection of
statistical and other information needed for transportation
decisionmaking at the Federal, State, and local levels.
(2) Access.--The Director shall facilitate and promote access to
the Library, with the goal of improving the ability of the
transportation community to share information and the ability of the
Director to make statistics readily accessible under subsection
(c)(5).
(3) Coordination.--The Director shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal specified in
paragraph (2).
(f) National Transportation Atlas Data Base.--
(1) In general.--The Director shall develop and maintain
geospatial data bases that depict--
(A) transportation networks;
(B) flows of people, goods, vehicles, and craft over the
networks; and
(C) social, economic, and environmental conditions that
affect or are affected by the networks.
(2) Intermodal network analysis.--The data bases shall be able
to support intermodal network analysis.
(g) Research and Development Grants.--
(1) In general.--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--
(A) investigation of the subjects specified in subsection
(c)(1) and research and development of new methods of data
collection, management, integration, dissemination,
interpretation, and analysis;
(B) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under subsection (e); and
(C) development and improvement of methods for sharing
geographic data, in support of the national transportation atlas
data base under subsection (f) and the National Spatial Data
Infrastructure developed under Executive Order No. 12906.
(2) Limitation.--Not more than $500,000 of the amounts made
available to carry out this section in a fiscal year may be used to
carry out this subsection.
(h) Limitations on Statutory Construction.--Nothing in this section
shall be construed--
(1) to authorize the Bureau to require any other department or
agency to collect data; or
(2) to reduce the authority of any other officer of the
Department of Transportation to collect and disseminate data
independently.
(i) Prohibition on Certain Disclosures.--
(1) In general.--An officer or employee of the Bureau may not--
(A) make any disclosure in which the data provided by an
individual or organization under subsection (c)(2) can be
identified;
(B) use the information provided under subsection (c)(2) for
a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the
Director to examine any individual report provided under
subsection (c)(2).
(2) Prohibition on requests for certain data.--
(A) Government agencies.--No department, bureau, agency,
officer, or employee of the United States (except the Director
in carrying out this section) may require, for any reason, a
copy of any report that has been filed under subsection (c)(2)
with the Bureau or retained by an individual respondent.
(B) Courts.--Any copy of a report described in subparagraph
(A) that has been retained by an individual respondent or filed
with the Bureau or any of its employees, contractors, or
agents--
(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
proceeding.
(C) Applicability.--This paragraph shall apply only to
reports that permit information concerning an individual or
organization to be reasonably inferred by direct or indirect
means.
(3) Data collected for nonstatistical purposes.--In a case in
which the Bureau is authorized by statute to collect data or
information for a nonstatistical purpose, the Director shall clearly
distinguish the collection of the data or information, by rule and
on the collection instrument, so as to inform a respondent that is
requested or required to supply the data or information of the
nonstatistical purpose.
(j) Transportation Statistics Annual Report.--The Director shall
transmit to the President and Congress a Transportation Statistics
Annual Report which shall include information on items referred to in
subsection (c)(1), documentation of methods used to obtain and ensure
the quality of the statistics presented in the report, and
recommendations for improving transportation statistical information.
(k) Proceeds of Data Product Sales.--Notwithstanding section 3302 of
title 31, United States Code, funds received by the Bureau from the sale
of data products, for necessary expenses incurred, may be credited to
the Highway Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for the expenses.
(Added Pub. L. 102-240, title VI, Sec. 6006(a), Dec. 18, 1991, 105 Stat.
2172; amended Pub. L. 104-287, Sec. 5(2), Oct. 11, 1996, 110 Stat. 3389;
Pub. L. 104-324, title XI, Sec. 1131, Oct. 19, 1996, 110 Stat. 3985;
Pub. L. 105-130, Sec. 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L.
105-178, title V, Sec. 5109(a), June 9, 1998, 112 Stat. 437.)
References in Text
The Government Performance and Results Act of 1993, referred to in
subsec. (c)(2)(A), (3), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,
which enacted sections 1115 to 1119, 9703, and 9704 of Title 31, Money
and Finance, section 306 of Title 5, Government Organization and
Employees, and sections 2801 to 2805 of Title 39, Postal Service,
amended section 1105 of Title 31, and enacted provisions set out as
notes under sections 1101 and 1115 of Title 31. For complete
classification of this Act to the Code, see Short Title of 1993
Amendment note set out under section 1101 of Title 31 and Tables.
Executive Order No. 12906, referred to in subsec. (g)(1)(C), is set
out as a note under section 1457 of Title 43, Public Lands.
Amendments
1998--Subsec. (b)(4). Pub. L. 105-178, Sec. 5109(a)(1), struck out
after first sentence ``The term of the first Director to be appointed
shall begin on the 180th day after December 18, 1991.''
Subsec. (c)(1)(L). Pub. L. 105-178, Sec. 5109(a)(2)(A), added
subpar. (L).
Subsec. (c)(2). Pub. L. 105-178, Sec. 5109(a)(2)(B)(i), substituted
``transportation systems of the United States'' for ``national
transportation system'' in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 105-178, Sec. 5109(a)(2)(B)(ii), added
subpar. (A) and struck out former subpar. (A) which read as follows:
``be coordinated with efforts to develop performance indicators for the
national transportation system undertaken pursuant to section 307(b)(3)
of title 23, United States Code;''.
Subsec. (c)(2)(C). Pub. L. 105-178, Sec. 5109(a)(2)(B)(iii),
inserted ``, made relevant to the States and metropolitan planning
organizations,'' after ``accuracy''.
Subsec. (c)(3). Pub. L. 105-178, Sec. 5109(a)(2)(C), inserted at end
``The Bureau shall review and report to the Secretary of Transportation
on the sources and reliability of 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, and the amendments made by such Act, and shall carry out such
other reviews of the sources and reliability of other data collected by
the heads of the operating administrations of the Department as shall be
requested by the Secretary.''
Subsec. (c)(7). Pub. L. 105-178, Sec. 5109(a)(2)(D), added par. (7).
Subsecs. (d) to (f). Pub. L. 105-178, Sec. 5109(a)(5), added
subsecs. (d) to (f). Former subsecs. (d) to (f) redesignated (h) to (j),
respectively.
Subsec. (g). Pub. L. 105-178, Sec. 5109(a)(4), (5), added subsec.
(g) and struck out heading and text of former subsec. (g). Text read as
follows: ``An individual who, on December 18, 1991, is performing any
function required by this section to be performed by the Director may
continue to perform such function until such function is undertaken by
the Director.''
Subsec. (h). Pub. L. 105-178, Sec. 5109(a)(3), redesignated subsec.
(d) as (h).
Subsec. (i). Pub. L. 105-178, Sec. 5109(a)(6), added subsec. (i) and
struck out heading and text of former subsec. (i). Text read as follows:
``Information compiled by the Bureau shall not be disclosed publicly in
a manner that would reveal the personal identity of any individual,
consistent with the Privacy Act of 1974 (5 U.S.C. 552a), or to reveal
trade secrets or allow commercial or financial information provided by
any person to be identified with such person.''
Pub. L. 105-178, Sec. 5109(a)(3), redesignated subsec. (e) as (i).
Subsec. (j). Pub. L. 105-178, Sec. 5109(a)(7), substituted ``The
Director'' for ``On or before January 1, 1994, and annually thereafter,
the Director''.
Pub. L. 105-178, Sec. 5109(a)(3), redesignated subsec. (f) as (j).
Subsec. (k). Pub. L. 105-178, Sec. 5109(a)(8), added subsec. (k).
1997--Pub. L. 105-130 made technical amendment to directory language
of Pub. L. 102-240, Sec. 6006(a), which enacted this section.
1996--Subsec. (b)(4). Pub. L. 104-324 inserted at end ``The Director
may continue to serve after the expiration of the term until a successor
is appointed and confirmed.''
Pub. L. 104-287 substituted ``December 18, 1991'' for ``the date of
the enactment of this section''.
Subsec. (g). Pub. L. 104-287 substituted ``December 18, 1991'' for
``the date of the enactment of this section''.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which the
7th item on page 138 identifies a report to Congress in a provision
which, as subsequently amended, is contained in subsec. (j) of this
section), see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
Office of Airline Information
Pub. L. 106-181, title I, Sec. 103(b), Apr. 5, 2000, 114 Stat. 67,
provided that: ``There is authorized to be appropriated from the Airport
and Airway Trust Fund to the Secretary [of Transportation] $4,000,000
for fiscal years beginning after September 30, 2000, to fund the
activities of the Office of Airline Information in the Bureau of
Transportation Statistics of the Department of Transportation.''
International Trade Traffic
Pub. L. 105-178, title V, Sec. 5115, June 9, 1998, 112 Stat. 446, as
amended by Pub. L. 105-206, title IX, Sec. 9011(e), July 22, 1998, 112
Stat. 864, provided that:
``(a) Study.--The Director of the Bureau of Transportation
Statistics shall carry out a study--
``(1) to measure the ton-miles and value-miles of international
trade traffic carried by highway for each State;
``(2) to evaluate the accuracy and reliability of such measures
for use in the formula for highway apportionments;
``(3) to evaluate the accuracy and reliability of the use of
diesel fuel data as a measure of international trade traffic by
State; and
``(4) to identify needed improvements in long-term data
collection programs to provide accurate and reliable measures of
international traffic for use in the formula for highway
apportionments.
``(b) Basis for Evaluations.--The study shall evaluate the accuracy
and reliability of measures for use as formula factors based on
statistical quality standards developed by the Bureau of Transportation
Statistics, in consultation with the Committee on National Statistics of
the National Academy of Sciences.
``(c) Report.--Not later than 3 years after the date of enactment of
this Act [June 9, 1998], the Director shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study carried out under subsection (a),
including recommendations for changes in law necessary to implement the
identified needs for improvements in long-term data collection
programs.''
Advisory Council on Transportation Statistics
Section 6007 of Pub. L. 102-240 provided that:
``(a) Establishment.--The Director of the Bureau of Transportation
Statistics shall establish an Advisory Council on Transportation
Statistics.
``(b) Function.--It shall be the function of the advisory council
established under this section to advise the Director of the Bureau of
Transportation Statistics on transportation statistics and analyses,
including whether or not the statistics and analysis disseminated by the
Bureau of Transportation Statistics are of high quality and are based
upon the best available objective information.
``(c) Membership.--The advisory council established under this
section shall be composed of not more than 6 members appointed by the
Director who are not officers or employees of the United States and who
(except for 1 member who shall have expertise in economics and 1 member
who shall have expertise in statistics) have expertise in transportation
statistics and analysis.
``(d) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act [5 App. U.S.C.] shall apply to the advisory
council established under this section, except that section 14 of the
Federal Advisory Committee Act shall not apply to the Advisory Committee
established under this section.''
Study of Data Collection Procedures and Capabilities of Department of
Transportation
Section 6008 of Pub. L. 102-240 provided that:
``(a) Study.--Not later than 1 year after the date of the
establishment of the Bureau of Transportation Statistics, the Secretary
shall enter into an agreement with the National Academy of Sciences to
conduct a study on the adequacy of data collection procedures and
capabilities of the Department of Transportation.
``(b) Consultation.--The Secretary shall enter into the agreement
under subsection (a) in consultation with the Director of the Bureau of
Transportation Statistics.
``(c) Contents.--The study under subsection (a) shall include an
evaluation of the Department of Transportation's data collection
resources, needs, and requirements and an assessment and evaluation of
the systems, capabilities, and procedures established by the Department
to meet such needs and requirements, including the following:
``(1) Data collection procedures and capabilities.
``(2) Data analysis procedures and capabilities.
``(3) Ability of data bases to integrate with one another.
``(4) Computer hardware and software capabilities.
``(5) Information management systems, including the ability of
information management systems to integrate with one another.
``(6) Availability and training of the personnel of the
Department.
``(7) Budgetary needs and resources of the Department for data
collection.
``(d) Report.--Not later than 18 months after the date of the
agreement under subsection (a), the National Academy of Sciences shall
transmit to Congress a report on the results of the study under this
section, including recommendations for improving the Department of
Transportation's data collection systems, capabilities, procedures, and
analytical hardware and software and recommendations for improving the
Department's management information systems.''
