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49 U.S.C. § 6314 — Port performance freight statistics program

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 6314 — Port performance freight statistics program

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Source file: Laws/federal/codes/united-states-code/title-49/section-6314-port-performance-freight-statistics-program--46bf092915.md
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Source location: Title 49, Chapter 63, § 6314; chapter-063-bureau-of-transportation-statistics.md

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**(a) In General.—** The Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of, at a minimum— (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) Reports.—** (1) **Port capacity and throughput.—** — Not later than January 15 of each year, the Director shall submit an annual report to Congress that includes statistics on capacity and throughput at the ports described in subsection (a). (2) **Port performance measures.—** — The Director shall collect port performance measures for each of the United States ports referred to in subsection (a) that— (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) Recommendations.—** (1) **In general.—** — The Director shall obtain recommendations for— (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) **Working group.—** — Not later than 60 days after the date of the enactment of the Transportation for Tomorrow Act of 2015, the Director shall commission a working group composed of— (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) **Recommendations.—** — Not later than 1 year after the date of the enactment of the Transportation for Tomorrow Act of 2015, the working group commissioned under paragraph (2) shall submit its recommendations to the Director. **(d) Access to Data.—** The Director shall ensure that— (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 [section 3572 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3572&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3572 — Confidential information protection

**(a) Purposes.—** The purposes of this section are the following: (1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes under a pledge of confidentiality is used exclusively for statistical purposes. (2) To ensure that individuals or organizations who supply information under a pledge of confidentiality to agencies for statistical purposes will neither have that information disclosed in identifiable form to anyone not authorized by this subchapter nor have that information used for any purpose other than a statistical purpose. (3) To safeguard the confidentiality of individually identifiable information acquired under a pledge of confidentiality for statistical purposes by controlling access to, and uses made of, such information. **(b) Use of Statistical Data or Information.—** Data or information acquired by an agency under a pledge of confidentiality and for exclusively statistical purposes shall be used by officers, employees, or agents of the agency exclusively for statistical purposes and protected in accordance with such pledge. **(c) Disclosure of Statistical Data or Information.—** (1) Data or information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any use other than an exclusively statistical purpose, except with the informed consent of the respondent. (2) A disclosure pursuant to paragraph (1) is authorized only when the head of the agency approves such disclosure and the disclosure is not prohibited by any other law. (3) This section does not restrict or diminish any confidentiality protections in law that otherwise apply to data or information acquired by an agency under a pledge of c

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3501 — Purposes

The purposes of this subchapter are to— (1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government; (2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government; (3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public; (4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society; (5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information; (6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government; (7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology; (8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent w

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 306 — Agency strategic plans

**(a)** Not later than the first Monday in February of any year following the year in which the term of the President commences under [section 101 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section101&num=0&edition=prelim), the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain— (1) a comprehensive mission statement covering the major functions and operations of the agency; (2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency; (3) a description of how any goals and objectives contribute to the Federal Government priority goals required by [section 1120(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1120/a&num=0&edition=prelim); (4) a description of how the goals and objectives are to be achieved, including— (A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and (B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals; (5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d); (6) a description of how the performance goals provided in the plan required by [section 1115(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1115/a&num=0&edition=prelim), including the agency priority goals required by [section 1120(b) of title 31](htt

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3561 — Definitions

In this subchapter: (1) **Agency.—** — The term “agency” means any entity that falls within the definition of the term “executive agency”, as defined in [section 102 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section102&num=0&edition=prelim), or “agency”, as defined in section 3502. (2) **Agent.—** — The term “agent” means an individual— (A) (i) who is an employee of a private organization or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under [section 23(c) of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section23/c&num=0&edition=prelim)), and with whom a contract or other agreement is executed, on a temporary basis, by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency; (ii) who is working under the authority of a government entity with which a contract or other agreement is executed by an executive agency to perform exclusively statistical activities under the control of an officer or employee of that agency; (iii) who is a self-employed researcher, a consultant, a contractor, or an employee of a contractor, and with whom a contract or other agreement is executed by an executive agency to perform a statistical activity under the control of an officer or employee of that agency; or (iv) who is a contractor or an employee of a contractor, and who is engaged by the agency to design or maintain the systems for handling or storage of data received under this subchapter; and (B) who agrees in writing to comply with all provisions of law that affect information acquired by that agency. (3) **B

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 6314 — Port performance freight statistics pro-

Page 404 TITLE 49—TRANSPORTATION § 6312 1 So in original. Probably should be ‘‘section 6309’’. (4) development of electronic clearinghouses of transportation data and related informa- tion, as part of the Library; and (5) development and improvement of meth- ods for sharing geographic data, in support of the database under section 6310 1 and the Na- tional Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order). (Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 894.) 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 section 1457 of Title 43, Public Lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 6312. Transportation statistics annual report The Director shall submit to the President and Congress a transportation statistics annual re- port, which shall include— (1) information on the progress of the Direc- tor in carrying out the duties described in sec- tion 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 informa- tion. (Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 894.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 201

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