CHAPTER 28--NATIONAL TRANSPORTATION SAFETY BOARD Sec. 1901. Congressional findings. 1902. National Transportation Safety Board. 1903. General provisions. 1904. Annual report. 1905. Public access to information. 1906. Response to Board recommendations. 1907. Authorization of appropriations. Sec. 1901. Congressional findings The Congress finds and declares: (1) The National Transportation Safety Board was established by statute in 1966 (Public Law 89-670; 80 Stat. 935) as an independent Government agency, located within the Department of Transportation, to promote transportation safety by conducting independent accident investigations and by formulating safety improvement recommendations. (2) Proper conduct of the responsibilities assigned to this Board requires vigorous investigation of accidents involving transportation modes regulated by other agencies of Government; demands continual review, appraisal, and assessment of the operating practices and regulations of all such agencies; and calls for the making of conclusions and recommendations that may be critical of or adverse to any such agency or its officials. No Federal agency can properly perform such functions unless it is totally separate and independent from any other department, bureau, commission, or agency of the United States. (Pub. L. 93-633, title III, Sec. 302, Jan. 3, 1975, 88 Stat. 2166.) References in Text Public Law 89-670; 80 Stat. 935, referred to in par. (1), is Pub. L. 89- 670, Oct. 15, 1966, 80 Stat. 931, as amended, known as the Department of Transportation Act, which was classified principally to chapter 23 (Sec. 1651 et seq.) of this Appendix. The Act was substantially repealed and the provisions thereof reenacted in subtitle I (Sec. 101 et seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of this Appendix and Tables. For disposition of section in revised Title 49, see Table at the beginning of Title 49. Short Title of 1990 Amendment Pub. L. 101-641, Sec. 1, Nov. 28, 1990, 104 Stat. 4654, provided that: "This Act [enacting section 1657-1 of this Appendix, amending sections 1903, 1905, and 1907 of this Appendix, section 1988 of Title 15, Commerce and Trade, and section 562 of Title 45, Railroads, and enacting provisions set out as notes under section 1804 of this Appendix, section 1988 of Title 15 and section 562 of Title 45] may be cited as the 'Independent Safety Board Act Amendments of 1990'." Short Title of 1988 Amendment Pub. L. 100-372, Sec. 1, July 19, 1988, 102 Stat. 876, provided that: "This Act [amending sections 1903, 1906, and 1907 of this Appendix] may be cited as the 'Independent Safety Board Act Amendments of 1988'." Short Title of 1981 Amendment Pub. L. 97-74, Sec. 1, Nov. 3, 1981, 95 Stat. 1065, provided: "That this Act [amending sections 1903, 1906, and 1907 of this Appendix] may be cited as the 'Independent Safety Board Act Amendments of 1981'." Short Title of 1978 Amendment Pub. L. 95-363, Sec. 1, Sept. 11, 1978, 92 Stat. 597, provided: "That this Act [amending section 1907 of this Appendix] may be cited as the 'Independent Safety Board Act Amendment of 1978'." Short Title Section 301 of Pub. L. 93-633 provided that: "This title [enacting this chapter, amending section 1653 of this Appendix, and repealing section 1654 of this Appendix] may be cited as the 'Independent Safety Board Act of 1974'." Sec. 1902. National Transportation Safety Board (a) Establishment The National Transportation Safety Board (hereafter in this chapter referred to as the "Board"), previously established within the Department of Transportation, shall be an independent agency of the United States, in accordance with this section, on and after April 1, 1975. (b) Organization (1) The Board shall consist of five members, including a Chairman. Members of the Board shall be appointed by the President, by and with the advice and consent of the Senate. No more than three members of the Board shall be of the same political party. At any given time, no less than three members of the Board shall be individuals who have been appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation. (2) The terms of office of members of the Board shall be 5 years, except as otherwise provided in this paragraph. Any individual appointed to fill a vacancy occurring on the Board prior to the expiration of the term of office for which his predecessor was appointed shall be appointed for the remainder of that term. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Individuals serving as members of the National Transportation Safety Board on January 3, 1975, shall continue to serve as members of the Board until the expiration of their then current term of office. Any member of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (3) On or before January 1, 1976 (and thereafter as required), the President shall-- (A) designate, by and with the advice and consent of the Senate, an individual to serve as the Chairman of the Board (hereafter in this chapter referred to as the "Chairman"); and (B) an individual to serve as Vice Chairman. The Chairman and Vice Chairman each shall serve for a term of 2 years. The Chairman shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board with respect to the appointment and supervision of personnel employed by the Board; the distribution of business among such personnel and among any administrative units of the Board; and the use and expenditure of funds. The Vice Chairman shall act as Chairman in the event of the absence or incapacity of the Chairman or in case of a vacancy in the office of Chairman. The Chairman or Acting Chairman shall be governed by the general policies established by the Board, including any decisions, findings, determinations, rules, regulations, and formal resolutions. (4) Three members of the Board shall constitute a quorum for the transaction of any function of the Board. (5) The Board shall establish and maintain distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation: (A) aviation; (B) highway and motor vehicle; (C) railroad and tracked vehicle; and (D) pipeline. The Board shall, in addition, establish and maintain any other such office as is needed, including an office to investigate and report on the safe transportation of hazardous materials. (c) General (1) The General Services Administration shall furnish the Board with such offices, equipment, supplies, and services as it is authorized to furnish to any other agency or instrumentality of the United States. (2) The Board shall have a seal which shall be judicially recognized. (3) Subject to the civil service and classification laws, the Board is authorized to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as shall be necessary to carry out its powers and duties under this chapter. (Pub. L. 93-633, title III, Sec. 303, Jan. 3, 1975, 88 Stat. 2167; Pub. L. 97-309, Sec. 1, Oct. 14, 1982, 96 Stat. 1453.) References in Text The civil service laws, referred to in subsec. (c), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of that Title. The classification laws, referred to in subsec. (c)(3), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. Prior Provisions Provisions similar to those comprising this section were contained in Pub. L. 89-670, Sec. 5, Oct. 15, 1966, 80 Stat. 935, which was classified to section 1654 of this Appendix and which was repealed by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Amendments 1982--Subsec. (b)(1). Pub. L. 97-309 substituted "At any given time, no less than three members of the Board shall be individuals who have been appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation" for "At any given time, no less than two members of the Board shall be individuals who have been appointed in the field of accident reconstruction, safety engineering, or transportation safety". Reappointment of Board Members Serving on October 14, 1982 Section 1 of Pub. L. 97-309 provided in part that: "The amendment made by the preceding sentence [amending subsec. (b)(1) of this section] shall not preclude the reappointment of any individual serving as a member of the Board on the date of enactment of this Act [Oct. 14, 1982]." Sec. 1903. General provisions (a) Duties of Board The Board shall-- (1) investigate or cause to be investigated (in such detail as it shall prescribe), and determine the facts, conditions, and circumstances and the cause or probable cause or causes of any-- (A) aircraft accident which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 1655(d) of this Appendix pursuant to title VII of the Federal Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.]; (B) highway accident, including any railroad grade crossing accident, that it selects in cooperation with the States; (C) railroad accident in which there is a fatality, substantial property damage, or which involves a passenger train; (D) pipeline accident in which there is a fatality or substantial property damage or significant injury to the environment; (E) major marine casualty, except one involving only public vessels, occurring on the navigable waters or territorial seas of the United States, or involving a vessel of the United States, in accordance with regulations to be prescribed jointly by the Board and the Secretary of the department in which the Coast Guard is operating. Nothing in this subparagraph shall be construed to eliminate or diminish any responsibility under any other Federal statute of the Secretary of the Department in which the Coast Guard is operating: Provided, That any marine accident involving a public vessel and any other vessel shall be investigated and the facts, conditions, and circumstances, and the cause or probable cause determined and made available to the public by either the Board or the Secretary of the Department in which the Coast Guard is operating; and (F) other accident which occurs in connection with the transportation of people or property which, in the judgment of the Board, is catastrophic, involves problems of a recurring character, or would otherwise carry out the policy of this chapter. Any investigation of an accident conducted by the Board under this paragraph (other than subparagraph (E)) shall have priority over all other investigations of such accident conducted by other Federal agencies. The Board shall provide for the appropriate participation by other Federal agencies in any such investigation, except that such agencies may not participate in the Board's determination of the probable cause of the accident. Nothing in this section impairs the authority of other Federal agencies to conduct investigations of an accident under applicable provisions of law or to obtain information directly from parties involved in, and witnesses to, the transportation accident. The Board and other Federal agencies shall assure that appropriate information obtained or developed in the course of their investigations is exchanged in a timely manner. The Board may request the Secretary of Transportation (hereafter in this chapter referred to as the "Secretary") to make investigations with regard to such accidents and to report to the Board the facts, conditions, and circumstances thereof (except in accidents where misfeasance or nonfeasance by the Federal Government is alleged), and the Secretary or his designees are authorized to make such investigations. Thereafter, the Board, utilizing such reports, shall make its determination of cause or probable cause under this paragraph; (2) report in writing on the facts, conditions, and circumstances of each accident investigated pursuant to paragraph (1) of this subsection and cause such reports to be made available to the public at reasonable cost; (3) issue periodic reports to the Congress, Federal, State, and local agencies concerned with transportation safety, and other interested persons recommending and advocating meaningful responses to reduce the likelihood of recurrence of transportation accidents similar to those investigated by the Board and proposing corrective steps to make the transportation of persons as safe and free from risk of injury as is possible, including steps to minimize human injuries from transportation accidents; (4) initiate and conduct special studies and special investigations on matters pertaining to safety in transportation including human injury avoidance; (5) assess and reassess techniques and methods of accident investigation and prepare and publish from time to time recommended procedures for accident investigations; (6) establish by regulation requirements binding on persons reporting (A) accidents and aviation incidents subject to the Board's investigatory jurisdiction under this subsection, and (B) accidents and aviation incidents involving public aircraft other than aircraft of the Armed Forces and the Intelligence Agencies; (7) evaluate, assess the effectiveness, and publish the findings of the Board with respect to the transportation safety consciousness and efficacy in preventing accidents of other Government agencies; (8) evaluate the adequacy of safeguards and procedures concerning the transportation of hazardous materials and the performance of other Government agencies charged with assuring the safe transportation of such materials; and (9) review on appeal (A) the suspension, amendment, modification, revocation, or denial of any operating certificate or license issued by the Secretary of Transportation under sections 602, 609, or 611(c) /1/ of the Federal Aviation Act of 1958 [49 App. U.S.C. 1422, 1429, or 1431(c)] and the revocation of any certificate of registration under section 501(e)(2) of such Act [49 App. U.S.C. 1401(e)(2)]; and (B) the decisions of the Commandant of the Coast Guard, on appeals from the orders of any administrative law judge revoking, suspending, or denying a license, certificate, document, or register in proceedings under chapter 77 or section 6101, 6301, 7503, or 9303 of title 46. NOTE /1/ See References in Text note below. (b) Powers of Board (1) The Board, or upon the authority of the Board, any member thereof, any administrative law judge employed by or assigned to the Board, or any officer or employee duly designated by the Chairman, may, for the purpose of carrying out this chapter, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpoena or otherwise the attendance and testimony of such witnesses and the production of such evidence as the Board or such officer or employee deems advisable. Subpoenas shall be issued under the signature of the Chairman, or his delegate, and may be served by any person designated by the Chairman. Witnesses summoned to appear before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Such attendance of witnesses and production of evidence may be required from any place in the United States to any designated place of such hearing in the United States. (2) Any employee of the Board, upon presenting appropriate credentials and a written notice of inspection authority, is authorized to enter any property wherein a transportation accident has occurred or wreckage from any such accident is located and do all things therein necessary for a proper investigation, including examination or testing of any vessel, vehicle, rolling stock, track, or pipeline component or any part of any such item when such examination or testing is determined to be required for purposes of such investigation. Any examination or testing shall be conducted in such manner so as not to interfere with or obstruct unnecessarily the transportation services provided by the owner or operator of such vessel, vehicle, rolling stock, track, or pipeline component, and shall be conducted in such a manner so as to preserve, to the maximum extent feasible, any evidence relating to the transportation accidents, consistent with the needs of the investigation and with the cooperation of such owner or operator. The employee may inspect, at reasonable times, records, files, papers, processes, controls, and facilities relevant to the investigation of such accident. Each inspection, examination, or test shall be commenced and completed with reasonable promptness and the results of such inspection, examination, or test made available. The Board shall have sole authority to determine the manner in which testing will be carried out under this paragraph and under section 701(c) of the Federal Aviation Act of 1958 [49 U.S.C. App. 1441(c)], including determining the persons who will conduct the test, the type of test which will be conducted, and the persons who will witness the test. Such determinations are committed to the discretion of the Board and shall be made on the basis of the needs of the investigation being conducted by the Board and, where applicable, the provisions of this paragraph. (3) In case of contumacy or refusal to obey a subpoena, an order, or an inspection notice of the Board, or of any duly designated employee thereof, by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Board, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by such court as a contempt of court. (4) The Board is authorized to enter into without regard to section 5 of title 41, such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the functions and the duties of the Board under this chapter, with any government entity or any person. (5) The Board is authorized to obtain, and shall be furnished, with or without reimbursement, a copy of the report of the autopsy performed by State or local officials on any person who dies as a result of having been involved in a transportation accident within the jurisdiction of the Board and, if necessary, the Board may order the autopsy or seek other tests of such persons as may be necessary to the investigation of the accident: Provided, That to the extent consistent with the need of the accident investigation, provisions of local law protecting religious beliefs with respect to autopsies shall be observed. (6) The Board is authorized to (A) use, on a reimbursable basis or otherwise, when appropriate, available services, equipment, personnel, and facilities of the Department of Transportation and of other civilian or military agencies and instrumentalities of the Federal Government; (B) confer with employees and use available services, records, and facilities of State, municipal, or local governments and agencies; (C) employ experts and consultants in accordance with section 3109 of title 5; (D) appoint one or more advisory committees composed of qualified private citizens or officials of Federal, State, or local governments as it deems necessary or appropriate, in accordance with the Federal Advisory Committee Act; (E) accept voluntary and uncompensated services notwithstanding any other provision of law; (F) accept gifts or donations of money or property (real, personal, mixed, tangible, or intangible); (G) enter into contracts with public or private nonprofit entities for the conduct of studies related to any of its functions; and (H) require payment or other appropriate consideration from Federal agencies, and State, local, and foreign governments for the reasonable cost of goods and services supplied by the Board and to apply the funds received to the Board's appropriations. (7) Whenever the Board submits or transmits any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for congressional hearings, or comment on legislation to the President or to the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States shall have any authority to require the Board to submit its budget requests or estimates, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. (8) The Board is empowered to designate representatives to serve or assist on such committees as the Chairman determines to be necessary or appropriate to maintain effective liaison with other Federal agencies, and with State and local government agencies, and with independent standard-setting bodies carrying out programs and activities related to transportation safety. (9) The Board, or an employee of the Board duly designated by the Chairman, may conduct an inquiry to secure data with respect to any matter pertinent to transportation safety, upon publication of notice of such inquiry in the Federal Register; and may require, by special or general orders, Federal, State, and local government agencies and persons engaged in the transportation of people or property in commerce to submit written reports and answers to such requests and questions as are propounded with respect to any matter pertinent to any function of the Board. Such reports and answers shall be submitted to the Board or to such employee within such reasonable period of time and in such form as the Board may determine. Copies thereof shall be made available for inspection by the public. (10) The Board may at any time utilize on a reimbursable basis the services of the Transportation Safety Institute of the Department of Transportation (established for the purpose of developing courses and conducting training in safety and security for all modes of transportation) or any successor organization. The Secretary shall continue to make available such Institute or successor organization (A) to the Board for safety training of employees of the Board in the performance of all of their authorized functions, and (B) to such other safety personnel of Federal, interstate, State, local, and foreign governments and non-governmental organizations as the Board may from time to time designate in consultation with the Secretary. Utilization of such training at the Institute or successor organization by any designated non-Federal safety personnel shall be at a reasonable fee to be established periodically by the Board in consultation with the Secretary. Such fee shall be paid directly to the Secretary for the credit of the proper appropriation, subject to the requirements of any annual appropriation, and shall be an offset against any annual reimbursement agreement entered into between the Board and the Secretary to cover all reasonable direct and indirect costs incurred for all such training by the Secretary in the administration and operation of the Institute or successor organization. The Board shall maintain an annual record of all such offsets. In providing such training to Federal employees, the Board shall be subject to chapter 41 of title 5 (relating to training of employees). (11)(A) Notwithstanding section 503(e) of the Act entitled "An Act making supplemental appropriations for the fiscal year ending September 30, 1987, and for other purposes", approved July 11, 1987 (5 U.S.C. 7301 note), the Board is authorized to obtain from the Secretary of Transportation, by written request, and shall be furnished-- (i) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, which is conducted on an employee of the Department of Transportation, including any of its agencies, pursuant to post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when that employee is reasonably associated with the circumstances of an accident or incident within the investigative jurisdiction of the Board; and (ii) any laboratory record providing documentation that such test is confirmed positive. (B) Except as provided in subparagraph (C), the Board shall maintain in confidence and exempt from public disclosure in accordance with section 552(b)(3) of title 5-- (i) any laboratory record, made available under subparagraph (A), of a confirmed and verified toxicological test which reveals medical use of a drug permitted under applicable regulations; and (ii) any medical information provided by the tested employee in connection with such test or in connection with a review of such test. (C) The Board may use such a laboratory record for development of any evidentiary record in an investigation by the Board of an accident or incident if-- (i) the fitness of the employee who is the subject of the toxicological testing is at issue in the investigation; and (ii) the use of that record is necessary in the development of such evidentiary record. (12) Establish such rules and regulations as may be necessary to the exercise of its functions. (c) Use of reports as evidence No part of any report of the Board, relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports. (d) Judicial review Any order, affirmative or negative, issued by the Board under this chapter shall be subject to review by the appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia, upon petition filed within 60 days after the entry of such order, by any person disclosing a substantial interest in such order. Such review shall be conducted in accordance with the provisions of chapter 7 of title 5. (Pub. L. 93-633, title III, Sec. 304, Jan. 3, 1975, 88 Stat. 2168; Pub. L. 97-74, Secs. 3-5, Nov. 3, 1981, 95 Stat. 1065; Pub. L. 98-499, Sec. 4(b), Oct. 19, 1984, 98 Stat. 2315; Pub. L. 100-223, title III, Sec. 311(a), Dec. 30, 1987, 101 Stat. 1528; Pub. L. 100-372, Secs. 3(a), 4, 5, July 19, 1988, 101 Stat. 876, 877; Pub. L. 101-641, Secs. 3, 6, Nov. 28, 1990, 104 Stat. 4654, 4657; Pub. L. 102-508, title III, Sec. 303, Oct. 24, 1992, 106 Stat. 3307.) References in Text The Federal Aviation Act of 1958, as amended, referred to in subsecs. (a)(1)(A), (b)(2), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended. Title VII of the Federal Aviation Act of 1958 is classified generally to subchapter VII (Sec. 1441 et seq.) of chapter 20 of this Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this Appendix and Tables. Section 611(c) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1431(c)], referred to in subsec. (a)(9), was redesignated section 611(e) [49 App. U.S.C. 1431(e)] by Pub. L. 92-574, Sec. 7(b), Oct. 27, 1972, 86 Stat. 1239. Federal Advisory Committee Act, referred to in subsec. (b)(6)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. Codification In subsec. (a)(9), "chapter 77 or section 6101, 6301, 7503, or 9303 of title 46" was substituted for "section 4450 of the Revised Statutes of the United States (46 U.S.C. 239); the Act of July 15, 1954 [46 U.S.C. 239a, 239b]; or section 4 of the Great Lakes Pilotage Act [46 U.S.C. 216b]" on authority of Pub. L. 98-89, Sec. 2(a), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping. Amendments 1992--Subsec. (a)(1)(D). Pub. L. 102-508 inserted "or significant injury to the environment" after "substantial property damage". 1990--Subsec. (b)(2). Pub. L. 101-641, Sec. 3, inserted "vessel," before "vehicle" in two places and added at end the following new sentences: "The Board shall have sole authority to determine the manner in which testing will be carried out under this paragraph and under section 701(c) of the Federal Aviation Act of 1958 [49 U.S.C. App. 1441(c)], including determining the persons who will conduct the test, the type of test which will be conducted, and the persons who will witness the test. Such determinations are committed to the discretion of the Board and shall be made on the basis of the needs of the investigation being conducted by the Board and, where applicable, the provisions of this paragraph." Subsec. (b)(11), (12). Pub. L. 101-641, Sec. 6, added par. (11) and redesignated former par. (11) as (12). 1988--Subsec. (a)(2). Pub. L. 100-372, Sec. 3(a), struck out "and to cause notice of the issuance and availability of such reports to be published in the Federal Register" before semicolon at end. Subsec. (b)(6)(H). Pub. L. 100-372, Sec. 5, added cl. (H). Subsec. (b)(10), (11). Pub. L. 100-372, Sec. 4, added par. (10) and redesignated former par. (10) as (11). 1987--Subsec. (a)(6). Pub. L. 100-223 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "establish by regulation requirements binding on persons reporting accidents and aviation incidents subject to the Board's investigatory jurisdiction under this subsection." 1984--Subsec. (a)(9)(A). Pub. L. 98-499 inserted "and the revocation of any certificate of registration under section 501(e)(2) of such Act" before the semicolon at end. 1981--Subsec. (a)(1). Pub. L. 97-74, Sec. 3, added provision that any investigation of an accident conducted by the Board under subsec. (a)(1) (other than subparagraph (E)) have priority over all other investigations of such accident conducted by other Federal agencies, that the Board provide for the appropriate participation by other Federal agencies in any such investigation, except that such agencies may not participate in the Board's determination of the probable cause of the accident, that nothing in this section impairs the authority of other Federal agencies to conduct investigations of an accident under applicable provisions of law or to obtain information directly from parties involved in, and witnesses to, the transportation accident, and that the Board and other Federal agencies assure that appropriate information obtained or developed in the course of their investigations is exchanged in a timely manner. Subsec. (a)(6). Pub. L. 97-74, Sec. 4, inserted reference to aviation incidents. Subsec. (b)(2). Pub. L. 97-74, Sec. 5, added provisions authorizing the making of an examination or test of any vehicle, rolling stock, track, or pipeline component or any part of any such item when an examination or testing is determined to be required for purposes of an investigation and provided that any examination or testing be conducted in such manner so as not to interfere with or obstruct unnecessarily the transportation services provided by the owner or operator of the vehicle, rolling stock, track, or pipeline component, and be conducted in such a manner so as to preserve, to the maximum extent feasible, any evidence relating to the transportation accident, consistent with the needs of the investigation and with the cooperation of the owner or operator. Effective Date of 1984 Amendment Amendment by Pub. L. 98-499 applicable with respect to acts and violations occurring after Oct. 19, 1984, see section 7 of Pub. L. 98-499 set out as a note under section 1401 of this Appendix. Termination of Civil Aeronautics Board; Transfer of Functions; Termination of Authority The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions, powers, and duties of the Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985. Report to Congress Section 311(b) of Pub. L. 100-223 provided that: "Not later than 18 months after the date of the enactment of this Act [Dec. 30, 1987], the National Transportation Safety Board shall report to the Congress its findings on public aircraft accidents and incidents." Cross References Investigation of marine casualties by Secretary of Transportation, see section 6301 et seq. of Title 46, Shipping. Sec. 1904. Annual report The Board shall report to the Congress on July 1 of each year. Such report shall include, but need not be limited to-- (1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the preceding calendar year; (2) a survey and summary, in such detail as the Board deems advisable, of the recommendations made by the Board to reduce the likelihood of recurrence of such accidents together with the observed response to each such recommendation; (3) an appraisal in detail of the accident investigation and accident prevention activities of other government agencies charged by Federal or State law with responsibility in this field; and (4) a biennial appraisal and evaluation and review, and recommendations for legislative and administrative action and change, with respect to transportation safety. (Pub. L. 93-633, title III, Sec. 305, Jan. 3, 1975, 88 Stat. 2171.) Sec. 1905. Public access to information (a) General Copies of any communication, document, investigation, or other report, or information received or sent by the Board, or any member or employee of the Board, shall be made available to the public upon identifiable request, and at reasonable cost, unless such information may not be publicly released pursuant to subsection (b) or (c) of this section. Nothing contained in this section shall be deemed to require the release of any information described by subsection (b) of section 552 of title 5, or which is otherwise protected by law from disclosure to the public. (b) Exception The Board shall not disclose information obtained under this chapter which concerns or relates to a trade secret referred to in section 1905 of title 18, except that such information may be disclosed in a manner designed to preserve confidentiality-- (1) upon request, to other Federal Government departments and agencies for official use; (2) upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates; (3) in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceedings; and (4) to the public in order to protect health and safety, after notice to any interested person to whom the information pertains and an opportunity for such person to comment in writing, or orally in closed session, on such proposed disclosure (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and safety). (c) Public disclosure of cockpit voice recorder recordings and transcriptions (1) Notwithstanding any other provision of law, the Board shall withhold from public disclosure cockpit voice recorder recordings and transcriptions, in whole or in part, of oral communications by and between flight crew members and ground stations, that are associated with accidents or incidents investigated by the Board. (2) Portions of a transcription of oral communications described in paragraph (1) which the Board determines relevant and pertinent to the accident or incident under investigation shall be made available to the public by the Board-- (A) if the Board conducts a public hearing with respect to such accident or incident, at the time of such hearing; and (B) if the Board does not conduct such a public hearing, at the time when a majority of other factual reports regarding the accident or incident is placed in the public docket. (3) Nothing in this section shall restrict the Board at any time from referring to cockpit voice recorder information in making safety recommendations. (d) Use of cockpit voice Recorder recordings and transcriptions in judicial proceedings (1) Except as provided in this subsection, in a judicial proceeding, there shall not be discovery by a party-- (A) of portions of cockpit voice recorder transcriptions other than such portions made available to the public by the Board under subsection (c)(2) of this section; and (B) of cockpit voice recorder recordings. (2) Subject to paragraph (4), a court may permit discovery of cockpit voice recorder transcriptions by a party if the court, after an in camera review of such transcriptions, finds that-- (A) the portions of the transcriptions made available to the public under subsection (c) of this section do not provide the party with sufficient information for the party to receive a fair trial; and (B) discovery of additional portions of transcriptions is necessary to provide the party with sufficient information for the party to receive a fair trial. No cockpit voice recorder transcriptions prepared by or under the direction of the Board, other than portions made available by the Board under subsection (c) of this section, shall be required to be produced for an in camera review, or shall be subject to discovery, unless the cockpit voice recorder recordings are not available. (3) Subject to paragraph (4), a court may permit discovery of cockpit voice recorder recordings by a party if the court, after an in camera review of such recordings, finds that-- (A) the portions of transcriptions made available to the public under subsection (c) of this section and to the party through discovery under paragraph (2) do not provide the party with sufficient information for the party to receive a fair trial; and (B) discovery of cockpit voice recorder recordings is necessary to provide the party with sufficient information for the party to receive a fair trial. (4) If, under paragraph (2) or (3), there is discovery in a judicial proceeding of a cockpit voice recorder recording or any portion of a cockpit voice recorder transcription not made available to the public under subsection (c)(2) of this section, the court shall issue a protective order to limit the use of such recording or portion to the judicial proceeding and to prohibit dissemination of such recording or portion to any person who does not need access to such recording or portion for such proceeding. (5) A court may permit admission of a cockpit voice recorder recording or any portion of a cockpit voice recorder transcription not made available to the public under subsection (c)(2) of this section into evidence in a judicial proceeding, only if the court places such recording or portion under seal to preclude the use of such recording or portion for purposes other than for such proceeding. (Pub. L. 93-633, title III, Sec. 306, Jan. 3, 1975, 88 Stat. 2172; Pub. L. 97-309, Sec. 2, Oct. 14, 1982, 96 Stat. 1453; Pub. L. 101-641, Sec. 4, Nov. 28, 1990, 104 Stat. 4654.) Amendments 1990--Subsecs. (c), (d). Pub. L. 101-641 amended subsec. (c) generally and added subsec. (d). Prior to amendment, subsec. (c) read as follows: "Notwithstanding any other provision of law, the Board shall withhold from public disclosure cockpit voice recorder recordings and transcriptions, in whole or in part, of oral communications by and between flight crew members and ground stations, that are associated with accidents or incidents investigated by the Board: Provided, That portions of a transcription of such oral communications which the Board deems relevant and pertinent to the accident or incident shall be made available to the public by the Board at the time of the Board's public hearing, and in no event later than 60 days following the accident or incidents: And provided further, That nothing in this section shall restrict the Board at any time from referring to cockpit voice recorder information in making safety recommendations." 1982--Subsec. (a). Pub. L. 97-309 inserted reference to subsec. (c) of this section. Subsec. (c). Pub. L. 97-309 added subsec. (c). Sec. 1906. Response to Board recommendations (a) Secretary's duty to respond; contents of response; publication; public availability of copies Whenever the Board submits a recommendation regarding transportation safety to the Secretary, he shall respond to each such recommendation formally and in writing not later than 90 days after receipt thereof. The response to the Board by the Secretary shall indicate his intention to-- (1) initiate and conduct procedures for adopting such recommendations in full, pursuant to a proposed timetable, a copy of which shall be included; (2) initiate and conduct procedures for adopting such recommendation in part, pursuant to a proposed timetable, a copy of which shall be included. Such response shall set forth in detail the reasons for the refusal to proceed as to the remainder of such recommendation; or (3) refuse to initiate or conduct procedures for adopting such recommendation. Such response shall set forth in detail the reasons for such refusal. The Board shall make copies of each such recommendation and response thereto available to the public at resonable cost. (b) Annual report to Congress The Secretary shall submit a report to the Congress on January 1 of each year setting forth all the Board's recommendations to the Secretary during the preceding year regarding transportation safety and a copy of the Secretary's response to each such recommendation. (Pub. L. 93-633, title III, Sec. 307, Jan. 3, 1975, 88 Stat. 2172; Pub. L. 97-74, Sec. 6, Nov. 3, 1981, 95 Stat. 1066; Pub. L. 100-372, Sec. 3(b), July 19, 1988, 102 Stat. 876.) Amendments 1988--Subsec. (a). Pub. L. 100-372 amended the last sentence generally. Prior to amendment, sentence read "The Board shall cause notice of the issuance of each such recommendation and of each receipt of a response thereto to be published in the Federal Register, and shall make copies thereof available to the public at reasonable cost." 1981--Pub. L. 97-74 designated existing provisions as subsec. (a) and added subsec. (b). Sec. 1907. Authorization of appropriations (a) There are authorized to be appropriated for the purposes of this Act not to exceed $12,000,000 for the fiscal year ending June 30, 1975; and $12,000,000 for the fiscal year ending June 30, 1976, such sums to remain available until expended. There are authorized to be appropriated for the purpose of this Act not to exceed $3,800,000 for the transition quarter ending September 30, 1976, $15,200,000 for the fiscal year ending September 30, 1977, and $16,400,000 for the fiscal year ending September 30, 1978, such sums to remain available until expended. There are authorized to be appropriated for the purposes of this Act not to exceed $16,420,000 for the fiscal year ending September 30, 1979, and $17,650,000 for the fiscal year ending September 30, 1980, such sums to remain available until expended. There are authorized to be appropriated for the purposes of this Act not to exceed $18,540,000 for the fiscal year ending September 30, 1981, $19,925,000 for the fiscal year ending September 30, 1982, and $22,100,000 for the fiscal year ending September 30, 1983, such sums to remain available until expended. There are authorized to be appropriated for the purposes of this Act not to exceed $22,600,000 for the fiscal year ending September 30, 1984, $24,500,000 for the fiscal year ending September 30, 1985, and $26,100,000 for the fiscal year ending September 30, 1986, such sums to remain available until expended. There are authorized to be appropriated for the purposes of this Act not to exceed $25,400,000 for the fiscal year ending September 30, 1988; $27,000,000 for the fiscal year ending September 30, 1989; and $28,600,000 for fiscal year ending September 30, 1990. Such sums shall remain available until expended.There are authorized to be appropriated for the purposes of this Act not to exceed $32,000,000 for the fiscal year ending September 30, 1991; $38,600,000 for the fiscal year ending September 30, 1992; and $38,800,000 for the fiscal year ending September 30, 1993, such sums to remain available until expended. (b) An emergency fund of $1,000,000 is authorized for expenditure by the Board to be available for necessary expenses, not otherwise provided for, of the Board for accident investigations. There is authorized to be appropriated such sums as may be necessary to establish the emergency fund under the preceding sentence and to replenish the fund annually. Such sums are authorized to remain available until expended. (Pub. L. 93-633, title III, Sec. 309, Jan. 3, 1975, 88 Stat. 2173; Pub. L. 94-481, Oct. 11, 1976, 90 Stat. 2080; Pub. L. 95-363, Sec. 2, Sept. 11, 1978, 92 Stat. 597; Pub. L. 97-74, Sec. 2, Nov. 3, 1981, 95 Stat. 1065; Pub. L. 98-37, June 6, 1983, 97 Stat. 204; Pub. L. 100-372, Sec. 2, July 19, 1988, 102 Stat. 876; Pub. L. 101-641, Sec. 2, Nov. 28, 1990, 104 Stat. 4654.) References in Text This Act, referred to in subsec. (a), means Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as amended, known as the Transportation Safety Act of 1974, which enacted this chapter and sections 1801 to 1812 of this Appendix, amended sections 1471, 1472, 1653, and 1655 of this Appendix, sections 39, 437, 438, 440, and 441 of Title 45, Railroads, and section 170 of Title 46, Shipping, repealed sections 1654, 1761, and 1762 of this Appendix, and enacted provisions set out as notes under sections 1801 and 1901 of this Appendix and section 440 of Title 45. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this Appendix and Tables. Amendments 1990--Subsec. (a). Pub. L. 101-641 inserted provisions authorizing appropriation of not to exceed $32,000,000 for fiscal year ending Sept. 30, 1991, $38,600,000 for fiscal year ending Sept. 30, 1992, and $38,800,000 for fiscal year ending Sept. 30, 1993, with such sums to remain available until expended. 1988--Pub. L. 100-372 designated existing provisions as subsec. (a), inserted provisions authorizing appropriations of not to exceed $25,400,000 for fiscal year ending Sept. 30, 1988, $27,000,000 for fiscal year ending Sept. 30, 1989, $28,600,000 for fiscal year ending Sept. 30, 1990, with such sums to remain available until expended, and added subsec. (b). 1983--Pub. L. 98-37 inserted provisions authorizing appropriation of not to exceed $22,600,000 for fiscal year ending Sept. 30, 1984, $24,500,000 for fiscal year ending Sept. 30, 1985, and $26,100,000 for fiscal year ending Sept. 30, 1986, with such sums to remain available until expended. 1981--Pub. L. 97-74 added provisions authorizing appropriations of not to exceed $18,540,000 for the fiscal year ending Sept. 30, 1981, $19,925,000 for the fiscal year ending Sept. 30, 1982, and $22,100,000 for the fiscal year ending Sept. 30, 1983, with such sums to remain available until expended. 1978--Pub. L. 95-363 added provisions authorizing appropriations of not to exceed $16,420,000 for the fiscal year ending Sept. 30, 1979, and $17,650,000 for the fiscal year ending Sept. 30, 1980. 1976--Pub. L. 94-481 authorized appropriations of not to exceed $3,800,000 for the transition quarter ending Sept. 30, 1976, $15,200,000 for the fiscal year ending Sept. 30, 1977, and $16,400,000 for the fiscal year ending Sept. 30, 1978, with such sums to remain available until expended.