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, § 306(a), (b), 88 Stat. 2172; Oct. 14, 1982, Pub. L. 97–309, § 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, § 306(c); added Oct. 14, 1982, Pub. L. 97–309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, § 4, 104 Stat. 4654.

1114(d)(1)

49 App.:1903(b) (11)(A).

Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 304(b)(11); added Nov. 28, 1990, Pub. L. 101–641, § 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.

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.”