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APPENDICES
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APPENDIX
A
The Intermodal Surface Transportation
Efficiency Act of 1991: References to the
Bureau of Transportation Statistics
PL 102-240 DECEMBER 18, 1991
Sec. 6006. Bureau of Transportation Statistics.
(105 Stat. 2172)
Chapter I of title 49, United States Code,
following new section:
i
"Sec. 111. Bureau of Transportation Statistics.
s amended by adding at the end the
"(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 term of the first
Director to be appointed shall begin on the 180th day after the date of
the enactment of this section.
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APPENDIX A
"(c) Responsibilities.-The Director of the Bureau shall be responsible for
carrying out the following duties:
(1) Compiling transportation statistics.-Compiling, analyzing, and publish-
ing 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 sys-
tems) and shall include information on
(A) productivity in various parts of the transportation sector;
(B) traffic flows;
(C) traveltimes;
(D) vehicle weights;
(E) variables influencing traveling behavior, including choice of trans
portation 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;
(I) collateral damage to the human and natural environment; and
(K) the condition of the transportation system.
(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
national transportation system. Such program shall
(A) 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;
(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 timeperiods; and
(C) ensure that data collected under this subsection is controlled for
accuracy 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 com-
piled under paragraph (1) in order to ensure that such information is accu-
rate, reliable, relevant, and in a form that permits systematic analysis.
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(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 intramu-
ral research programs to provide such information.
"(d) 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 Trans-
portation to collect and disseminate data independently.
"(e) Prohibition on Certain Disclosures.-Information compiled by the Bu-
reau 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.
Transportation Statistics Annual Report.-On or before January 1, 1994,
and annually thereafter, 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), docu-
mentation of methods used to obtain and ensure the quality of the
statistics presented in the report, and recommendations for improving
transportation statistical information.
"(g) Performance of Functions of Director Pending Confirmation.-An indi-
vidual who, on the date of the enactment of this section, is performing
any function required by this section to be performed by the Director
may continue to perform such function until such function is under-
taken by the Director.
(b) Funding.-There shall be available from the Highway Trust Fund (other
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APPENDIX A
than the Mass Transit Account) only for carrying out the amendment
made by subsection (a) $5,000,000 for fiscal year 1992, $10,000,000 for
fiscal year 1993, $15,000,000 per fiscal year for each of fiscal years 1994
and 1995, $20,000,000 for fiscal year 1996, and $25,000,000 for fiscal
year 1997. Funds authorized by this subsection shall be available for
obligation in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
(c) Conforming Amendment.-The analysis for chapter 1 of such title is
amended by adding at the end the following new items:
"Sec. 110. Saint Lawrence Seaway Development Corporation.
"Sec. 111. Bureau of Transportation Statistics."
(d) Amendment to Title 5, U.S.C.-Section 5316 of title 5, United States Code,
is amended by adding at the end the following:
Director, Bureau of Transportation Statistics."
Sec. 6007. Advisory Council on Transportation Statistics.
(105 Stat. 2174)
(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 statis-
tics 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 shall apply to the advisory council established under this sec-
tion, except that section 14 of the Federal Advisory Committee Act shall not
apply to the Advisory Committee established under this section.
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Sec. 6008. DOT Data Needs.
(105 Stat. 2175)
113
(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 require-
ments and an assessment and evaluation of the systems, capabilities, and pro-
cedures 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 sub-
section (a), the National Academy of Sciences shall transmit to Congress a
report on the results of the study under this section, including recommenda-
tions for improving the Department of Transportation's data collection sys-
tems, capabilities, procedures, and analytical hardware and software and rec-
ommendations for improving the Department's management information
systems.
Sec. 6013. State Level of Effort.
(105 Stat. 2181)
(a) Study.-Not later than 3 months after the date of the enactment of this Act, the
Secretary and the Director of the Bureau of Transportation Statistics shall
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APPENDIX A
begin a comprehensive study of the most appropriate and accurate methods of
calculating State level of effort in funding surface transportation programs.
(b) Contents.-The study under subsection (a) shall include collection of data re-
lating to State and local revenues collected and spent on surface transporta-
tion programs. Such revenues include income from fuel taxes, toll revenues
(including bridge, tunnel, and ferry tolls), sales taxes, general fund appropria-
tions, property taxes, bonds, administrative fees, taxes on commercial ve-
hicles, and such other State and local revenue sources as the Director of the
Bureau considers appropriate.
(c) Report.-Not later than 9 months after the date of the enactment of this Act, the
Secretary and the Director of the Bureau shall transmit to the Committee on
Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives a report on the
results of the study under this section, including recommendations on the
most appropriate measure of State level of effort in funding surface transpor-
tation programs and comprehensive data, by State, on revenue sources and
amounts collected by States and local governments and devoted to surface
transportation programs.
Sec. 1098. Allocation Formula Study.
(105 Stat. 2025)
(a) The General Accounting Office in conjunction with the Bureau of Transpor-
tation Statistics created pursuant to title VI of this Act, shall conduct a thor-
ough study and recommend to the Congress within 2 years after the date of
the enactment of this Act a fair and equitable apportionment formula for the
allocation of Federal-aid highway funds that best directs highway funds to the
places of greatest need for highway maintenance and enhancement based on the
extent of these highway systems, their present use, and increases in their use.
(b) The results of this study shall be presented to the Senate Committee on Envi-
ronment and Public Works and the House Committee on Public Works and
Transportation on or before January 1,1994, and shall be considered by these
committees as they reauthorize the surface transportation program in 1996.
SEC. 5002. Duties of Secretary; Office of Intermodalism
(105 Stat. 2158)
(c) Office of Intermodalism.
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(1) Establishment.-The Secretary shall establish within the Office of the Secre-
tary an Office of Intermodalism.
. . .
(4) Intermodal transportation data base.-The Director shall develop, maintain, and
disseminate intermodal transportation data through the Bureau of Transporta
tion Statistics. The Director shall coordinate the collection of data for the
data base with the States and metropolitan planning organizations. The data
base shall include
(A) information on the volume of goods and number of people carried in
intermodal transportation by relevant classification;
(B) information on patterns of movement of goods and people carried in
intermodal transportation by relevant classification in terms of origin and
destination; and
(C) information on public and private investment in intermodal transporta-
tion facilities and services.
The Director shall make information from the data base available to the public.
Representative terms from entire chapter:
surface transportation