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 2012 Amendment note under section 101 of Title 23, Highways. § 6313. Mandatory response authority for freight data collection (a) FREIGHT DATA COLLECTION.— (1) IN GENERAL.—An owner, official, agent, person in charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or orga- nization described in paragraph (2) shall be fined in accordance with subsection (b) if that individual neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau to sub- mit data under section 6302(b)(3)(B)— (A) to answer completely and correctly to the best knowledge of that individual all questions relating to the corporation, com- pany, business, institution, establishment, or other organization; or (B) to make available records or statistics in the official custody of the individual. (2) DESCRIPTION OF ENTITIES.—A freight cor- poration, company, business, institution, es- tablishment, or organization referred to in paragraph (1) is a corporation, company, busi- ness, institution, establishment, or organiza- tion that— (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 re- quest. (b) FINES.— (1) IN GENERAL.—Subject to paragraph (2), an individual described in subsection (a) shall be fined not more than $500. (2) WILLFUL ACTIONS.—If an individual will- fully gives a false answer to a question de- scribed in subsection (a)(1), the individual shall be fined not more than $10,000. (Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 895.) 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. § 6314. Port performance freight statistics pro- gram (a) IN GENERAL.—The Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally con- sistent measures of performance of, at a min- imum— (1) the Nation’s top 25 ports by tonnage; (2) the Nation’s top 25 ports by 20-foot equiv- alent 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 Direc- tor shall submit an annual report to Congress that includes statistics on capacity and throughput at the ports described in sub- section (a). (2) PORT PERFORMANCE MEASURES.—The Di- rector 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 sub- mit necessary information to the Bureau that includes statistics on capacity and throughput as applicable to the specific con- figuration 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 sub- section (a); and Page 405 TITLE 49—TRANSPORTATION § 6501 (B) a process for the Department to collect timely and consistent data, including identi- fying safeguards to protect proprietary in- formation described in subsection (b)(2). (2) WORKING GROUP.—Not later than 60 days after the date of the enactment of the Trans- portation for Tomorrow Act of 2015, the Direc- tor shall commission a working group com- posed of— (A) operating administrations of the De- partment; (B) the Coast Guard; (C) the Federal Maritime Commission; (D) U.S. Customs and Border Protection; (E) the Marine Transportation System Na- tional 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 in- dustry; (M) 1 representative from the maritime shipping industry; (N) 1 representative from a labor organiza- tion for each industry described in subpara- graphs (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 oper- ator; (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 Trans- portation for Tomorrow Act of 2015, the work- ing group commissioned under paragraph (2) shall submit its recommendations to the Di- rector. (d) ACCESS TO DATA.—The Director shall en- sure that— (1) the statistics compiled under this sec- tion— (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. (Added Pub. L. 114–94, div. A, title VI, § 6018(a), Dec. 4, 2015, 129 Stat. 1576; amended Pub. L. 115–435, title III, § 302(c)(3)(B), Jan. 14, 2019, 132 Stat. 5553; Pub. L. 116–260, div. AA, title V, § 512(c)(7)(A)(ii), Dec. 27, 2020, 134 Stat. 2757.) 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 Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2020—Subsec. (c)(2)(G). Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Cor- poration’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. 2019—Subsec. (d)(2). Pub. L. 115–435 substituted ‘‘sec- tion 3572 of title 44.’’ for ‘‘the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. 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 Pub. L. 115–435, see section 302(d) of Pub. L. 115–435, set out as a note under section 3561 of Title 44, Public Printing and Documents. CHAPTER 65—RESEARCH PLANNING Sec. 6501. Annual modal research plans. 6502. Consolidated research database. 6503. Transportation research and development 5- year strategic plan. 6504. Incorporation of Department of Transpor- tation research. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title V, § 25016(b), Nov. 15, 2021, 135 Stat. 873, added item 6504. § 6501. Annual modal research plans (a) MODAL PLANS REQUIRED.— (1) IN GENERAL.—Not later than June 1 of each year, the head of each modal administra- tion and joint program office of the Depart- ment of Transportation shall prepare and sub- mit to the Assistant Secretary for Research and Technology of the Department of Trans- portation (referred to in this chapter as the ‘‘Assistant Secretary’’)— (A) a comprehensive annual modal re- search plan for the following fiscal year; and (B) a detailed outlook for the fiscal year thereafter. (2) REQUIREMENTS.—Each plan under para- graph (1) shall include— (A) a general description of the strategic goals of the Department that are addressed by the research programs being carried out by the Assistant Secretary or modal admin- istration, as applicable;