dreamproit/uscode huggingface dataset:
49 U.S.C. § 6305 (TRANSPORTATION)
§ 6305. Advisory council on transportation statistics
(a) In General.—
The Director shall establish and consult with an advisory council on transportation statistics.
(b) Function.—
The advisory council established under this section shall advise the Director on—
(1) the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department; and
(2) methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.
(c) Membership.—
(1) In general.—
The advisory council shall be composed of not fewer than 9 and not more than 11 members appointed by the Director.
(2) Selection.—
In selecting members for the advisory council, the Director shall appoint individuals who—
(A) are not officers or employees of the United States;
(B) possess expertise in—
(i) transportation data collection, analysis, or application;
(ii) economics; or
(iii) transportation safety; and
(C) represent a cross section of transportation stakeholders, to the greatest extent possible.
(d) Terms of Appointment.—
(1) In general.—
Except as provided in paragraph (2), members of the advisory council shall be appointed to staggered terms not to exceed 3 years.
(2) Additional terms.—
A member may be renominated for 1 additional 3-year term.
(3) Current members.—
A member serving on an advisory council on transportation statistics on the day before the date of enactment of the Transportation Research and Innovative Technology Act of 2012 shall serve until the end of the appointed term of the member.
(e) Applicability of Federal Advisory Committee Act.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory council established under this section, except that section 14 of that Act shall not apply.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 891.)
heading: References in Text
text: The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (d)(3), is the date of enactment of div. E of Pub. L. 112–141, which was approved July 6, 2012.
The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Effective Date
text: 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.
heading: Advisory Council on Transportation Statistics
text: Pub. L. 102–240, title VI, § 6007, Dec. 18, 1991, 105 Stat. 2174, required the Director to establish an Advisory Council on Transportation Statistics composed of not more than 6 members to provide advice on the quality of transportation statistics and analysis.
49 U.S.C. § 6306 (TRANSPORTATION)
§ 6306. Transportation statistical collection, analysis, and dissemination
To ensure that all transportation statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director may—
(1) use the services, equipment, records, personnel, information, and facilities of other Federal agencies, or State, local, and private agencies and instrumentalities, subject to the conditions that the applicable agency or instrumentality consents to that use and with or without reimbursement for such use;
(2) enter into agreements with the agencies and instrumentalities described in paragraph (1) for purposes of data collection and analysis;
(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local agencies;
(4) request such information, data, and reports from any Federal agency as the Director determines necessary to carry out this chapter;
(5) encourage replication, coordination, and sharing of information among transportation agencies regarding information systems, information policy, and data; and
(6) confer and cooperate with Federal statistical agencies as the Director determines necessary to carry out this chapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 892.)
heading: Effective Date
text: 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.
49 U.S.C. § 6307 (TRANSPORTATION)
§ 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) can be identified;
(B) use the information provided under section 6302(b)(3)(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).
(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) 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.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 892.)
heading: Effective Date
text: 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.
49 U.S.C. § 6308 (TRANSPORTATION)
§ 6308. Proceeds of data product sales
Notwithstanding section 3302 of title 31, amounts 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 those expenses.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 893.)
heading: Effective Date
text: 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.
49 U.S.C. § 6309 (TRANSPORTATION)
§ 6309. National transportation atlas database
(a) In General.—
The Director shall develop and maintain a national transportation atlas database that is comprised of geospatial databases that depict—
(1) transportation networks;
(2) flows of people, goods, vehicles, and craft over the transportation networks; and
(3) social, economic, and environmental conditions that affect or are affected by the transportation networks.
(b) Intermodal Network Analysis.—
The databases referred to in subsection (a) shall be capable of supporting intermodal network analysis.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 894.)
heading: Effective Date
text: 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.
49 U.S.C. § 6310 (TRANSPORTATION)
§ 6310. Limitations on statutory construction
Nothing in this chapter—
(1) authorizes the Bureau to require any other Federal agency to collect data; or
(2) alters or diminishes the authority of any other officer of the Department to collect and disseminate data independently.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 894.)
heading: Effective Date
text: 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.
49 U.S.C. § 6311 (TRANSPORTATION)
§ 6311. Research and development grants
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—
(1) investigation of the subjects described in section 6302(b)(3)(B)(vi);
(2) research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(3) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;
(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; and
(5) development and improvement of methods for sharing geographic data, in support of the database under section 6310 1 and the National 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.)
heading: References in Text
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.
heading: Effective Date
text: 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.
49 U.S.C. § 6312 (TRANSPORTATION)
§ 6312. Transportation statistics annual report
The Director shall submit to the President and Congress a transportation statistics annual report, which shall include—
(1) information on the progress of the Director in carrying out the duties described in section 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 information.
(Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 894.)
heading: Effective Date
text: 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.
49 U.S.C. § 6313 (TRANSPORTATION)
§ 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 organization 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 submit 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, company, 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 corporation, company, business, institution, establishment, or organization referred to in paragraph (1) is a corporation, company, business, institution, establishment, or organization 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 request.
(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 willfully gives a false answer to a question described 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.)
heading: Effective Date
text: 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.
49 U.S.C. § 10702 (TRANSPORTATION)
§ 10702. Authority for rail carriers to establish rates, classifications, rules, and practices
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable—
(1) rates, to the extent required by section 10707, divisions of joint rates, and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.)
heading: Prior Provisions
text: A prior section 10702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 103–180, § 6(a), Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, § 206(a), Aug. 26, 1994, 108 Stat. 1684, related to authority for carriers to establish rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10702 and 15502 of this title.
49 U.S.C. § 10703 (TRANSPORTATION)
§ 10703. Authority for rail carriers to establish through routes
Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide—
(1) reasonable facilities for operating the through route; and
(2) reasonable compensation to persons entitled to compensation for services related to the through route.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.)
heading: Prior Provisions
text: A prior section 10703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96–296, § 22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97–449, § 5(g)(5), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, § 2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, § 7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, § 5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority for carriers to establish through routes, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10703 and 13705 of this title.
49 U.S.C. § 10705 (TRANSPORTATION)
§ 10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Board
(a)
(1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.
(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 811.)
heading: Prior Provisions
text: Prior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96–296, § 22(b)–(g), July 1, 1980, 94 Stat. 813; Pub. L. 96–448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97–449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title.
Section 10705a, added Pub. L. 96–448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103–272, § 4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.
49 U.S.C. § 10708 (TRANSPORTATION)
§ 10708. Rail cost adjustment factor
(a) The Board shall, as often as practicable, but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of Railroad Costs (which index shall be compiled or verified by the Board, with appropriate adjustments to reflect the change in composition of railroad costs, including the quality and mix of material and labor) and the denominator of which is the same index for the fourth quarter of every fifth year, beginning with the fourth quarter of 1992.
(b) The rail cost adjustment factor published by the Board under subsection (a) of this section shall take into account changes in railroad productivity. The Board shall also publish a similar index that does not take into account changes in railroad productivity.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 816.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–296, § 11, July 1, 1980, 94 Stat. 801; Pub. L. 97–261, §§ 11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub. L. 99–521, § 7(d), Oct. 22, 1986, 100 Stat. 2995, related to investigation and suspension of new nonrail carrier rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 10721 (TRANSPORTATION)
§ 10721. Government traffic
A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819; amended Pub. L. 111–350, § 5(o)(4), Jan. 4, 2011, 124 Stat. 3853.)
heading: Prior Provisions
text: A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96–454, § 10(b), Oct. 15, 1980, 94 Stat. 2022; Pub. L. 103–272, § 5(m)(22), July 5, 1994, 108 Stat. 1378, related to Government traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10721, 13712, and 15504 of this title.
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
49 U.S.C. § 10741 (TRANSPORTATION)
§ 10741. Prohibitions against discrimination by rail carriers
(a)
(1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.
(b) This section shall not apply to—
(1) contracts described in section 10709 of this title;
(2) rail rates applicable to different routes; or
(3) discrimination against the traffic of another carrier providing transportation by any mode.
(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
heading: Prior Provisions
text: A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, § 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, § 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, § 7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10741 and 15505 of this title.