§1114. Disclosure, availability, and use of information
(a)
(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)
(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)
(c)
(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)
(1)
(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)
(e)
(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)
(1)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1114(a) | 49 App.:1905(a). | Jan. 3, 1975,
|
| 1114(b) | 49 App.:1905(b). | |
| 1114(c) | 49 App.:1905(c). | Jan. 3, 1975,
|
| 1114(d)(1) | 49 App.:1903(b) (11)(A). | Jan. 3, 1975,
|
| 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
Amendments
2000-Subsec. (a).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
Subsecs. (e), (f).
1996-Subsec. (a).
Subsec. (b)(3).
Subsec. (e).