Disclosure, availability, and use of information

49 U.S.C. § 1114

• Title: 49 — Transportation
• Chapter: SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

Text

(a) General.—(1) Except as provided in subsections (b), (c), (d), and (f) of this section, a copy of a record, information, or investigation submitted or received by the National Transportation Safety Board, or a member or employee of the Board, shall be made available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b) Certain Confidential Information.—
(1) In general.—The Board may disclose confidential information described in section 1905 of title 18, including trade secrets, only—
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3) Protection of Voluntary Submission of Information.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.
(c) Cockpit Recordings and Transcripts.—
(1) Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a cockpit voice or video recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board.
(2) Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident or incident—
(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
(3) References to information in making safety recommendations.—This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.
(d) Surface Vehicle Recordings and Transcripts.—
(1) Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.
(2) Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident—
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(3) References to information in making safety recommendations.—This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.
(e) Drug Tests.—(1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 100–71, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board:
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552(b)(3) of title 5—
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f) Foreign Investigations.—
(1) In general.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that—
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2) Safety recommendations.—Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.
(g) Privacy Protections.—Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent.

History

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885; Pub. L. 115–254, div. C, §1104(a), Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, §1208(a), May 16, 2024, 138 Stat. 1424.)

Editorial Notes

In subsection (a), the words "record, information, or investigation" are substituted for "communication, document, investigation, or other report, or information" to eliminate unnecessary words. The words "of the United States" are added for clarity.
In subsection (c)(1), before clause (A), the words "Notwithstanding any other provision of law" are omitted as surplus. The word "relevant" is substituted for "relevant and pertinent" to eliminate unnecessary words.
In subsection (d), the words "officer or employee" are substituted for "employee" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), before clause (A), the words "maintain the confidentiality of" are substituted for "maintain in confidence" for consistency in the revised title and with other titles of the Code. In clause (A), the words "of a confirmed and verified toxicological test" are omitted as unnecessary because of the restatement of the source provisions in paragraph (1) of this subsection.
In subsection (d)(3), the words "laboratory record made available under paragraph (1) of this subsection" are substituted for "such a laboratory record" for clarity.

Editorial Notes

References in Text
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (e)(1), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.

Amendments
2024—Subsec. (b). Pub. L. 118–63, §1208(a)(1), substituted "Certain Confidential Information" for "Trade Secrets" in heading.
Subsec. (b)(1). Pub. L. 118–63, §1208(a)(2), inserted heading and substituted "confidential information described in section 1905 of title 18, including trade secrets," for "information related to a trade secret referred to in section 1905 of title 18" in introductory provisions.
2018—Subsec. (c)(1). Pub. L. 115–254, §1104(a)(1)(C)(i), inserted heading and substituted "Except as provided in paragraph (2), the Board" for "The Board".
Subsec. (c)(2). Pub. L. 115–254, §1104(a)(1)(C)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: "However, the Board shall make public any part of a transcript or any written depiction of visual information the Board decides is relevant to the accident or incident—
"(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
"(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket."
Former par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 115–254, §1104(a)(1)(A), (B), redesignated par. (2) as (3) and inserted heading.
Subsec. (d)(1). Pub. L. 115–254, §1104(a)(2)(B)(i), substituted "Except as provided in paragraph (2), the Board" for "The Board".
Subsec. (d)(2). Pub. L. 115–254, §1104(a)(2)(B)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: "However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident—
"(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
"(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket."
Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 115–254, §1104(a)(2)(A), redesignated par. (2) as (3).
Subsec. (g). Pub. L. 115–254, §1104(a)(3), added subsec. (g).
2000—Subsec. (a). Pub. L. 106–424, §§3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted "(d), and (f)" for "and (e)" in first sentence, and added par. (2).
Subsec. (c). Pub. L. 106–424, §5(a)(1), struck out "Voice" after "Cockpit" in heading.
Subsec. (c)(1). Pub. L. 106–424, §5(a)(2), (3), substituted "cockpit voice or video recorder" for "cockpit voice recorder" in first sentence and inserted "or any written depiction of visual information" after "transcript" in second sentence.
Subsec. (c)(2). Pub. L. 106–424, §5(a)(2), substituted "cockpit voice or video recorder" for "cockpit voice recorder".
Subsec. (d). Pub. L. 106–424, §5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 106–424, §5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsec. (a). Pub. L. 104–291, §102(1), substituted "(b), (c), and (e)" for "(b) and (c)".
Subsec. (b)(3). Pub. L. 104–291, §103, added par. (3).
Subsec. (e). Pub. L. 104–291, §102(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Electronic Availability of Public Docket Records
Pub. L. 118–63, title XII, §1217, May 16, 2024, 138 Stat. 1431, provided that:
"(a) In General.—Not later than 24 months after the date of enactment of this Act [May 16, 2024], the National Transportation Safety Board shall make all records included in the public docket of an accident or incident investigation conducted by the Board (or the public docket of a study, report, or other product issued by the Board) electronically available in a publicly accessible database on a website of the Board, regardless of the date on which such public docket or record was created.
"(b) Database.—In carrying out subsection (a), the Board may utilize the multimodal accident database management system established pursuant to section 1108 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 1119 note) or such other publicly available database as the Board determines appropriate.
"(c) Briefings.—The Board shall provide the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an annual briefing on the implementation of this section until requirements of subsection (a) are fulfilled. Such briefings shall include—
"(1) the number of public dockets that have been made electronically available pursuant to this section; and
"(2) the number of public dockets that were unable to be made electronically available, including all reasons for such inability.
"(d) Definitions.—In this section, the terms 'public docket' and 'record' have the same meanings given such terms in section 801.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act."