49 USC 1114(c): Any portion of cockpit voice recording (CVR), or the portions of a transcript of a CVR that the Board did not find relevant to an investigation.

          
Sec. 1114. Disclosure, availability, and use of information

    (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) Trade Secrets.--(1) The Board may disclose information related 
to a trade secret referred to in section 1905 of title 18 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) 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. 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.

    (2) 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.--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. 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.

        (2) 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.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104-
291, title I, Secs. 102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 
106-424, Secs. 3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 
1885.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
1114(a)...............................  49 App.:1905(a).                 Jan. 3, 1975, Pub. L. 93-633, Sec.
                                                                          306(a), (b), 88 Stat. 2172; Oct. 14,
                                                                          1982, Pub. L. 97-309, Sec.  2, 96
                                                                          Stat. 1453.
1114(b)...............................  49 App.:1905(b).
1114(c)...............................  49 App.:1905(c).                 Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156, Sec.  306(c); added Oct. 14,
                                                                          1982, Pub. L. 97-309, Sec.  2, 96
                                                                          Stat. 1453; restated Nov. 28, 1990,
                                                                          Pub. L. 101-641, Sec.  4, 104 Stat.
                                                                          4654.
1114(d)(1)............................  49 App.:1903(b) (11)(A).         Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156, Sec.  304(b)(11); added Nov. 28,
                                                                          1990, Pub. L. 101-641, Sec.  6, 104
                                                                          Stat. 4656.
1114(d)(2)............................  49 App.:1903(b) (11)(B).
1114(d)(3)............................  49 App.:1903(b) (11)(C).
----------------------------------------------------------------------------------------------------------------

    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.

                       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

    2000--Subsec. (a). Pub. L. 106-424, Secs. 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, Sec. 5(a)(1), struck out ``Voice'' 
after ``Cockpit'' in heading.
    Subsec. (c)(1). Pub. L. 106-424, Sec. 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, Sec. 5(a)(2), substituted ``cockpit 
voice or video recorder'' for ``cockpit voice recorder''.
    Subsec. (d). Pub. L. 106-424, Sec. 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, Sec. 5(b)(1)(A), redesignated 
subsecs. (d) and (e) as (e) and (f), respectively.
    1996--Subsec. (a). Pub. L. 104-291, Sec. 102(1), substituted ``(b), 
(c), and (e)'' for ``(b) and (c)''.
    Subsec. (b)(3). Pub. L. 104-291, Sec. 103, added par. (3).
    Subsec. (e). Pub. L. 104-291, Sec. 102(2), added subsec. (e).