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[Senate Report 114-164]
[From the U.S. Government Publishing Office]

114th Congress }					{ Report
 1st Session   }                  SENATE                { 114-164           
_______________________________________________________________________
                                    

                                                      Calendar No. 290

                     TO PROVIDE NATIONALLY CONSISTENT 
                    MEASURES OF PERFORMANCE OF THE NA-
                 TION'S PORTS, AND FOR OTHER PURPOSES

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1298

                             together with

                            ADDITIONAL VIEWS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                November 5, 2015.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                                                      

 
    TO PROVIDE NATIONALLY CONSISTENT MEASURES OF PERFORMANCE OF THE 
                 NATION'S PORTS, AND FOR OTHER PURPOSES

                                _______
                                

                November 5, 2015.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1298]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1298) to provide nationally 
consistent measures of performance of the Nation's ports, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of this legislation is to improve the overall 
transparency of port productivity at the Nation's ports. A 
clear understanding of port productivity and throughput would 
help to identify bottlenecks, would indicate performance 
trends, and would help to inform investment and policy 
decisions.

                          Background and Needs

    The Nation's ports play a critical role in its supply chain 
network. In 2014, nearly a third of the U.S. economy was tied 
to international trade, and the consumer economy, which is 
about 70 percent of Gross Domestic Product, is heavily 
dependent on the intermodal supply chain.\1\ In addition, 
reliable and efficient movement of goods through the Nation's 
ports ensures that U.S. goods are available to customers around 
the world.
---------------------------------------------------------------------------
    \1\U.S. Congress. Subcommittee on Surface Transportation and 
Merchant Marine Infrastructure, Safety, and Security. ``Keeping Goods 
Moving.'' (Date 2/10/2015). Retrieved from http://
www.commerce.senate.gov/public/?a=Files.Serve&File_id=f0f03328-7f6b-
40c8-850b-4c91a16ac9b0.
---------------------------------------------------------------------------
    Breakdowns in this network, particularly at the Nation's 
ports, can result in tremendous economic harm. More 
importantly, some believe that extended disruptions can result 
in long-term changes to the supply chain, including permanent 
loss of market share as customers turn to more dependable 
sources.
    In particular, productivity at West Coast ports was down 
significantly during the second half of 2014 and in early 2015 
due to protracted labor contract negotiations. After 9 months 
of unsuccessful negotiations, a labor dispute resulted in the 
partial shutdown of 29 West Coast container ports that may have 
cost the economy up to $2.5 billion per day.\2\ At the height 
of the disruptions, 28 vessels were at anchor waiting for 
berthing at the ports of Los Angeles and Long Beach.\3\ At the 
same time, up to 20 vessels were in berths for unloading for 
extended periods of time.\4\ Container terminals were operating 
at 90-95 percent land utilization (beyond 80 percent 
utilization, efficiency, and service levels at a terminal 
deteriorate rapidly).\5\ In addition, truck turn times rose 
from a low of 75 minutes in early 2014 to a peak of 112 minutes 
during the worst of the labor dispute.\6\ Congestion problems 
and contract negotiations were reported as main factors in the 
productivity changes.
---------------------------------------------------------------------------
    \2\Laing, Keith. 2014, December 15. West Coast port labor strife 
worries retailers. Retrieved from http://thehill.com/policy/
transportation/227142-west-coast-port-labor-strife-worries-retailers.
    \3\Mongelluzzo, Bill. 2015, May 4. Lack of ships anchored at LA, 
Long Beach signals `new normal.' Retrieved from http://www.joc.com/
port-news/us-ports/port-long-beach/lack-ships-anchored-la-long-beach-
signals-%E2%80%98new-normal%E2%80%99_20150504.html.
    \4\Ibid.
    \5\Mongelluzzo, Bill. 2015, January 21. U.S. West Coast congestion 
hits new high as ILWU, PMA lay blame on manning. Retrieved from http://
www.joc.com/port-news/us-ports/port-los-angeles/west-coast-congestion-
builds-ilwu-employers-lay-blame-manning_20150121.html.
    \6\Mongelluzzo, Bill. 2015, April 28. LA, Long Beach drayage 
truckers face `new normal' in wait Times. Retrieved from http://
www.joc.com/port-news/us-ports/port-los-angeles/la-long-beach drayage-
truckers-face-%E2%80%98new-normal%E2%80%99-wait-times_20150428.html.
---------------------------------------------------------------------------
    There are many causes of port delays. Newly formed shipping 
alliances and their shipping practices may be adversely 
impacting the supply chain. A logistics firm found that more 
than half of arrivals of ships of 10,000 twenty-foot equivalent 
units (TEU) or more were delayed longer than 12 hours, and 
nearly a quarter were delayed more than 24 hours.\7\ A recent 
report from the Federal Maritime Commission found that 
alliances between certain carriers may result in the 
consolidation of terminal operations and reduction in the 
number of terminals serving their vessels in southern 
California.\8\ Ultimately, this could lead to increased 
congestion at those terminals. In addition, chassis and 
container shortages also contribute to increased delays.
---------------------------------------------------------------------------
    \7\Journal of Commerce whitepaper entitled ``Berth Productivity: 
The Trends, Outlook and Market Forces Impacting Ship Turnaround 
Times,'' July 2014. Retrieved from http://www.joc.com/sites/default/
files/u59196/Whitepapers/JOC-PP-whitepaper-v8%20%281%29.pdf.
    \8\Federal Maritime Commission. (2015). Report: Rules, Rates, and 
Practices Relating to Detention, Demurrage, and Free Time for 
Containerized Imports and Exports Moving Through Selected United States 
Ports. Retrieved from http://www.fmc.gov/assets/1/Page/
reportdemurrage.pdf.
---------------------------------------------------------------------------
    Increased transparency surrounding the performance of the 
Nation's ports is crucial to our national economic 
competitiveness in both the short and long-term. A clear 
understanding of port productivity and throughput would help to 
identify freight bottlenecks, indicate performance and trends 
over time, and help to make investment decisions. This is 
especially important if the Federal Government's goal is to 
enhance the freight transportation system and promote economic 
growth by supporting the development of capacity-enhancing 
infrastructure.

                 The need for port performance metrics

    The Department of Transportation (DOT) has stated that a 
``lack of complete data on U.S. international freight continues 
to hamper research and analysis of trends in international 
freight movement and its impact on transportation activity 
within the United States.''\9\ While the Maritime 
Administration (MARAD) produces its annual Statistical Snapshot 
of 20 water-freight-related statistics on freight volume and 
port of entry, MARAD has suggested that ``a lack of consistent 
national port efficiency data'' and ``the lack of a reporting 
process have stymied its attempts to measure the efficiency of 
major U.S. ports.''\10\ In its 2005 Report to Congress on the 
Performance of Ports and the Intermodal System, MARAD noted 
that a ``lack of uniform data collection, prevents the general 
measurement of port efficiency.''\11\ As a result, the agency 
has been unsuccessful in understanding and reporting on port 
congestion and performance of the intermodal system, which 
makes it difficult for the agency to identify specific port 
needs.\12\
---------------------------------------------------------------------------
    \9\Department of Transportation, America's Freight Transportation 
Gateways, November, 2009. Retrieved from http://www.rita.dot.gov/bts/
sites/rita.dot.gov.bts/files/publications/
americas_freight_transportation_gateways/2009/pdf/entire.pdf.
    \10\Transportation Research Board. (2011). National Cooperative 
Freight Research Program, Report 10, Performance Measures for Freight 
Transportation. Retrieved from http://onlinepubs.trb.org/onlinepubs/
ncfrp/ncfrp_rpt_010.pdf.
    \11\U.S. Department of Transportation. (2005). Report to Congress 
on the Performance of Ports and the Intermodal System. Retrieved from 
http://www.marad.dot.gov/documents/Rpt_to_Congress-
Perf_Ports_Intermodal_Sys-June2005.pdf.
    \12\Performance Measures for Freight Transportation.
---------------------------------------------------------------------------
    Nevertheless, a number of studies on national port 
performance standards have been conducted. In 2001 the 
Transportation Research Board and its Marine Board met with 
over 70 stakeholders from the maritime transportation industry. 
In their search for national maritime performance indicators, 
they learned that little information was collected on how the 
Nation's maritime transportation system (MTS) facilitates 
commerce, ``which is essential for focusing Federal efforts in 
furthering this national interest.''\13\ A 2004 National 
Academies study contained several recommendations on this same 
issue, and one suggested that the Secretary of Transportation 
should seek a mandate to be the Federal lead in the measure, 
monitoring, and assessment options necessary to strengthen the 
MTS's contribution to enhancing commerce, among other 
things.\14\ If successful, it would enable the DOT to assess 
Federal resource requirements to strengthen performance, 
identify critical gaps and shortcomings in performance that may 
benefit from increased Federal attention, and evaluate and 
recommend policy options.
---------------------------------------------------------------------------
    \13\Transportation Research Board. (2004). The Marine 
Transportation System and the Federal Role Targeting Improvement 
Measuring Performance. Retrieved from http://onlinepubs.trb.org/
onlinepubs/sr/sr279.pdf.
    \14\Ibid.
---------------------------------------------------------------------------
    In 2014, section 8104 of the Administration's GROW America 
Act (drafted by the DOT) contained a DOT request that would 
authorize the Bureau of Transportation Statistics (BTS) to 
establish a ports performance program.\15\ Data collected 
through this program also would support the Federal Highway 
Administration's Freight Analysis Framework, a national tool 
for freight planning and understanding freight flows.
---------------------------------------------------------------------------
    \15\http://www.transportation.gov/policy-initiatives/grow-america/
grow-america-act.
---------------------------------------------------------------------------
    Additionally, MARAD is working to develop a system or 
algorithm that calculates regional and national container port 
and terminal productivity indices on an on-going basis. The 
maritime industry is further ahead with its own effort to 
develop performance based measures which could be used to 
predict, shape, and report on the results of system investments 
and operations. MARAD and the DOT would use this information 
for policy development, the MTS Initiative, and the Marine 
Transportation System National Assessment.\16\ Still, the DOT 
does not have the authority to maintain a database of data 
related to port productivity that can be used to evaluate the 
performance or flow of freight through the Nation's ports.
---------------------------------------------------------------------------
    \16\U.S. Department of Transportation Maritime Administration. 
Ports, System Data and Information. Retrieved 7 May, 2015, from http://
www.marad.dot.gov/ports/office-of-port-infrastructure-development-and-
congestion-mitigation/system-data-and-info/.
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 1298, the Ports Performance Act, would:

     Require the Director of the BTS (Director) to 
establish a port performance statistics program and report 
annually to Congress on the performance and capacity of the 
Nation's ports.

     Require key U.S. ports that are subject to Federal 
regulation or that receive Federal assistance to report monthly 
to the BTS on their capacity and throughput.

     Require the Secretary of Transportation, in 
consultation with the Secretaries of Labor and Commerce, to 
report to Congress on a port's performance at certain intervals 
before and after the expiration of the port's maritime labor 
agreement to articulate the economic ramifications from such 
disputes, until such time that a new maritime labor agreement 
is agreed to by all parties.

                          Legislative History

    Recent hearings in the Committee on Commerce, Science, and 
Transportation of the Senate have highlighted the importance of 
the smooth flow of imports and exports through U.S. ports, as 
well as the need for performance based measures:

     January 29, 2015: ``Improving the Performance of 
our Transportation Networks: Stakeholder Perspectives.''

     February 10, 2015: ``Keeping Goods Moving.''

     March 24, 2015: ``Surface Transportation 
Reauthorization: Performance, Not Prescription.''

    On May 12, 2015, Senator Thune introduced S. 1298, the 
Ports Performance Act, with Senators Fischer, Gardner, and 
Alexander as original cosponsors.
    On June 25, 2015, the Committee met in open Executive 
Session and, by a voice vote, ordered S. 1298 reported 
favorably with an amendment in the nature of a substitute. 
Amendments were offered by Senators Wicker, Booker, and 
Manchin, with Senator Wicker's being accepted by voice vote.
    Changes that were incorporated at markup include removing 
the requirement for port authorities to collect ports 
performance data, and rather, require the Director to collect 
monthly port measures from key ports. In addition, the 
substitute includes a provision that would authorize the 
Director to commission a working group of stakeholders that 
will provide recommendations to the Director on data 
measurements and a process by which the DOT can collect timely 
and consistent data.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1298--Port Performance Act

    S. 1298 would direct the Bureau of Transportation 
Statistics (BTS) within the Department of Transportation (DOT) 
to establish a program to collect statistical information on 
the largest 25 ports in the United States. Under the bill, BTS 
would collect performance measures monthly and report annually 
to the Congress on the capacity and throughput at those ports. 
S. 1298 would establish a working group to develop 
recommendations for specifications of port performance measures 
and determine what additional information would be needed. The 
legislation also would require monthly performance reports for 
ports where a maritime labor agreement is near expiration.
    Based on information provided by DOT, CBO estimates that 
implementing the bill would cost $9 million over the 2016-2020 
period, subject to appropriation of the necessary amounts. 
Enacting S. 1298 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The bill would impose an intergovernmental and private-
sector mandate, as defined in the Unfunded Mandates Reform Act 
(UMRA), on publicly and privately owned ports to the extent 
that those ports are required to provide information on port 
capacity and throughput to BTS. Based on information from the 
Department of Transportation and Industry experts, some of the 
information is already collected by ports, and CBO expects that 
the cost of supplying that information to BTS would be small. 
Ports may incur additional costs to collect new information, 
but CBO estimates that the cost of collecting the additional 
information would not be substantial. Consequently, CBO 
estimates that the cost of the mandate would fall below the 
annual thresholds established in UMRA for intergovernmental and 
private-sector mandates ($77 million and $154 million in 2015, 
respectively, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Martin von 
Gnechten (for federal costs), Melissa Merrell (for 
intergovernmental mandates), and Amy Petz (for private-sector 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1298 as reported would create a new program that would 
require the Nation's top 25 ports by tonnage, top 25 ports by 
TEU, and top 25 ports by dry bulk to provide monthly reports on 
port capacity and throughput to the Director.

                            economic impact

    Enactment of this legislation is not expected to have any 
significant adverse impacts on the Nation's economy.

                                privacy

    S. 1298 would not impact the personal privacy of 
individuals.

                               paperwork

    S. 1298 would require key U.S. ports to provide monthly 
reports to the BTS regarding port capacity and throughput, 
which would increase paperwork requirements for key ports that 
are subject to Federal regulations or that receive Federal 
assistance. In addition, ports also would be required to report 
on certain performance indicators, labor positions ordered, or 
other factors that might have created delays prior to and after 
the expiration of maritime labor agreements.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would provide that this Act may be cited as 
the ``Ports Performance Act.''

Section 2. Findings.

    This section highlights the critical role that the Nation's 
ports play in its transportation supply chain network.

Section 3. Port performance freight statistics program.

    Subsection (a) of this section would establish a port 
performance statistics program within the BTS and require the 
Director to provide an annual report to Congress on capacity 
and throughput at the Nation's top 25 ports by tonnage, top 25 
ports by TEU, and top 25 ports by dry bulk. This section also 
would require U.S. ports that are subject to Federal regulation 
or receive Federal assistance to submit monthly statistics to 
the BTS on their capacity and throughput statistics.
    Additionally, this section would authorize the Director to 
commission a working group composed of public and private 
stakeholders from across the maritime and surface 
transportation industries, as well as representatives from 
various advisory committees and the National Academies to 
provide recommendations to the Director on port performance 
measures, a process for the DOT to collect timely and 
consistent data, and safeguards to protect proprietary 
information. Furthermore, this section would ensure that 
statistics compiled through this program are readily accessible 
to the public, consistent with applicable security constraints 
and confidentiality interests.
    Subsections (b) and (c) of this section would establish 
prohibitions on certain disclosures of ports performance data 
or reports collected or produced under the authority of this 
program.

Section 4. Monthly reports on performance at United States ports.

    This section would require the Secretary of Transportation, 
in consultation with the Secretaries of Commerce and Labor, to 
report to Congress on port performance indicators required in 
section 3 of this bill for ports one year prior to expiration 
of its maritime labor agreement, three months prior to the 
expiration of that agreement, and then monthly from the time of 
expiration until a new labor agreement is reached.
    The report shall include the type and number of vessels 
awaiting berthing at a port, the average wait time for 
berthing, the number of canceled vessel calls at the port, an 
estimate of the economic impact associated with any delays at 
the port and across the national economy, an estimate of the 
amount of time required to clear any congestion, the average 
number of positions ordered and filled, and any other factors 
that might have created delays, including weather, equipment 
maintenance or failures, or infrastructure development or 
repair.

                           Votes in Committee

    Senator Manchin offered an amendment, to the amendment (in 
the nature of a substitute) offered by Senator Thune, to strike 
the provision requiring monthly reports on performance at 
United States ports. By rollcall vote of 11 yeas and 13 nays as 
follows, the amendment was defeated:
        YEAS--11                      NAYS--13
Mr. Nelson                          Mr. Wicker
Ms. Cantwell                        Mr. Blunt
Ms. McCaskill\1\                    Mr. Rubio\1\
Ms. Klobuchar                       Ms. Ayotte
Mr. Blumenthal                      Mr. Cruz
Mr. Schatz                          Ms. Fischer\1\
Mr. Markey                          Mr. Moran\1\
Mr. Booker                          Mr. Sullivan
Mr. Udall\1\                        Mr. Johnson\1\
Mr. Manchin\1\                      Mr. Heller
Mr. Peters                          Mr. Gardner
                                    Mr. Daines
                                    Mr. Thune

    \1\By proxy

                   Additional Views of Senator Nelson

    I write separately to express my views regarding S.1298, a 
bill with the noble goal of providing nationally consistent 
measures of performance of the Nation's ports. I had serious 
concerns when it was marked up in Committee, and, at that time, 
I was joined by several of my Democratic colleagues in asking 
to be recorded as voting against the bill, since we believed 
changes were needed to improve it.
    The efficient movement of goods through America's seaports 
and across our infrastructure is vital to the Nation's economy 
and global competitiveness. Trade activity moving through 
seaports accounts for 26 percent of the U.S. economy, generates 
over 23 million American jobs, and provides over $320 billion 
in tax revenues.
    While I strongly support efforts at developing a robust 
national freight system, I have concerns with this bill. The 
bill originally introduced by Chairman Thune intended for port 
authorities to collect overall performance metrics at a port, a 
very heavy paperwork requirement for private and public ports 
alike. Port authorities, however, are not the appropriate 
reporting body for those metrics. Terminal operators, carriers, 
and other maritime entities collect and keep this information, 
not port authorities. Furthermore, this information is often 
proprietary and could be used to put some U.S. ports at a 
competitive disadvantage. Finally, some ports raised serious 
concerns with the specific measures because the data are not 
consistent across ports. These ports believed a better approach 
would be to allow an industry working group, as opposed to 
lawmakers far removed from the day-to-day operations, to set 
the appropriate measures. Senator Booker filed an alternative 
amendment that would have established this more collaborative 
working group to identify port measures.
    In addition, the legislation leaves the distinct impression 
that organized labor is the major reason for port slowdowns and 
port congestion. Unfortunately, while focusing on labor-related 
measures, the bill does not take into account or seek to 
measure the myriad variables that affect port productivity and 
have nothing to do with labor unions or collective bargaining 
agreements, such as increases in ship size, congestion, 
outmoded landside infrastructure, the availability of chassis, 
and inclement weather. As the legislation was drafted, the 
collective bargaining process could be blamed for all problems 
related to productivity without any consideration of the 
complexities involved with port logistics networks.
    Given what I believe were shortcomings in the bill coming 
out of the Committee markup, I would like to acknowledge the 
efforts of Chairman Thune to engage in meaningful negotiations 
regarding this legislation. The Chairman helped facilitate 
bipartisan efforts aimed at improving the bill, which were 
ultimately included in a later version of the bill that became 
part of H.R. 22, the Developing a Reliable and Innovative 
Vision for the Economy Act (DRIVE) Act. Specifically, the 
modified version of the bill would require the Bureau of 
Transportation Statistics to collect port measures and would 
enlist the assistance of a working group made up of government 
and industry stakeholders to issue recommendations. The bill 
also provided flexibility on the individual measures as long as 
they met the intent of the bill. Furthermore, the modified bill 
struck the controversial section requiring additional reporting 
before, during, and after labor contract agreements.
    I look forward to working with the Chairman and my other 
colleagues as we improve this important piece of legislation.
                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49. TRANSPORTATION

             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

            CHAPTER 63. BUREAU OF TRANSPORTATION STATISTICS

Sec. 6307. Furnishing of information, data, or reports by Federal 
                    agencies

  (a) In General.--Except as provided in subsection (b), a 
Federal agency requested to furnish information, data, or 
reports by the Director under section 6302(b)(3)(B) shall 
provide the information to the Director.
  (b) Prohibition on Certain Disclosures.--
          (1) In general.--An officer, employee, or contractor 
        of the Bureau may not--
                  (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) Copies of reports.--
                  (A) In general.--No department, bureau, 
                agency, officer, or employee of the United 
                States (except the Director in carrying out 
                this chapter) may require, for any reason, a 
                copy of any report that has been filed under 
                section 6302(b)(3)(B) or section 6314(b) with 
                the Bureau or retained by an individual 
                respondent.
                  (B) Limitation on judicial proceedings.--A 
                copy of a report described in subparagraph (A) 
                that has been retained by an individual 
                respondent or filed with the Bureau or any of 
                the employees, contractors, or agents of the 
                Bureau--
                          (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) Applicability.--This paragraph shall 
                apply only to reports that permit information 
                concerning an individual or organization to be 
                reasonably determined by direct or indirect 
                means.
          (3) Informing respondent of use of data.--If 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, 
        in a manner that informs the respondent who is 
        requested or required to supply the data or information 
        of the nonstatistical purpose.
  (c) Transportation and Transportation-related Data Access.--
The Director shall be provided access to any transportation and 
transportation-related information in the possession of any 
Federal agency, except--
          (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.

Sec. 6314. Port performance freight statistics program

  (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--
          (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) Annual 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 monthly port performance measures for each of 
        the United States ports referred to in subsection (a) 
        that receives Federal assistance or is subject to 
        Federal regulation to submit an annual report to the 
        Bureau of Transportation Statistics that includes 
        monthly statistics on capacity and throughput as 
        applicable to the specific configuration of the port, 
        including--
                  (A) the total capacity of inbound and 
                outbound cargo, including containers, break 
                bulk, vehicles, and dry and liquid bulk;
                  (B) the total volume of inbound and outbound 
                cargo, including containers, break bulk, 
                vehicles, and dry and liquid bulk;
                  (C) the average number of lifts per hour of 
                containers by crane;
                  (D) the average vessel turn time by vessel 
                type;
                  (E) the average cargo or container dwell 
                time;
                  (F) port storage capacity and utilization;
                  (G) the average truck time at ports;
                  (H) the average rail time at ports; and
                  (I) any additional metrics, as determined by 
                the Director after receiving recommendations 
                from the working group established under 
                subsection (c).
  (c) Recommendations.--
          (1) In general.--The Director shall obtain 
        recommendations for--
                  (A) specifications and data measurements for 
                the port performance measures listed in 
                subsection (b)(2);
                  (B) additionally needed data elements for 
                measuring port performance; and
                  (C) a process for the Department of 
                Transportation 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 this Act, the Director shall 
        commission a working group composed of--
                  (A) operating administrations of the 
                Department of Transportation;
                  (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 Saint Lawrence Seaway Development 
                Corporation;
                  (H) the Advisory Committee on Supply Chain 
                Competitiveness;
                  (I) 1 representative from the rail industry;
                  (J) 1 representative from the trucking 
                industry;
                  (K) 1 representative from the port management 
                industry;
                  (L) 1 representative from the maritime 
                shipping industry;
                  (M) 1 representative from the maritime labor 
                industry;
                  (N) representatives of the National Freight 
                Advisory Committee of the Department; and
                  (O) representatives of the Transportation 
                Research Board of the National Academies.
          (3) Recommendations.--Not later than 1 year after the 
        date of the enactment of this Act, the working group 
        commissioned under this subsection shall submit its 
        recommendations to the Director.
  (d) Access to Data.--The Director shall ensure that the 
statistics compiled under this section are readily accessible 
to the public, consistent with applicable security constraints 
and confidentiality interests.

                                  [all]
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