49 U.S.C. § 1113 — Administrative

Page 154 TITLE 49—TRANSPORTATION § 1112 lows: ‘‘appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;’’. Subsec. (e)(2) to (4). Pub. L. 109–443, § 9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (g)(5). Pub. L. 109–443, § 9(a), added par. (5). Subsecs. (i), (j). Pub. L. 109–443, § 9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j). 2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i). Statutory Notes and Related Subsidiaries DRUG-FREE WORKPLACE Pub. L. 118–63, title XII, § 1218, May 16, 2024, 138 Stat. 1431, provided that: ‘‘Not later than 12 months after the date of enactment of this Act [May 16, 2024], the Na- tional Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive po- sitions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889).’’ UTILIZATION PLAN Pub. L. 109–443, § 2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that: ‘‘(A) PLAN.—Within 90 days after the date of enact- ment of this Act [Dec. 21, 2006], the National Transpor- tation Safety Board shall— ‘‘(i) develop a plan to achieve, to the maximum ex- tent feasible, the self-sufficient operation of the Na- tional Transportation Safety Board Academy and uti- lize the Academy’s facilities and resources; ‘‘(ii) submit a draft of the plan to the Comptroller General for review and comment; and ‘‘(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and In- frastructure of the House of Representatives. ‘‘(B) PLAN DEVELOPMENT CONSIDERATIONS.—The Board shall— ‘‘(i) give consideration in developing the plan under subparagraph (A)(i) to other revenue-generating measures, including subleasing the facility to an- other entity; and ‘‘(ii) include in the plan a detailed financial state- ment that covers current Academy expenses and rev- enues and an analysis of the projected impact of the plan on the Academy’s expenses and revenues. ‘‘(C) REPORT.—Within 180 days after the date of enact- ment of this Act [Dec. 21, 2006], the National Transpor- tation Safety Board shall submit a report to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that in- cludes— ‘‘(i) an updated copy of the plan developed pursuant to subparagraph (A)(i); ‘‘(ii) any comments and recommendations made by the Comptroller General pursuant to the Government Accountability Office’s review of the draft plan; and ‘‘(iii) a response to the Comptroller General’s com- ments and recommendations, including a description of any modifications made to the plan in response to those comments and recommendations. ‘‘(D) IMPLEMENTATION.—The plan developed pursuant to subparagraph (A)(i) shall be implemented within 2 years after the date of enactment of this Act [Dec. 21, 2006].’’ AUDIT PROCEDURES Pub. L. 109–443, § 6, Dec. 21, 2006, 120 Stat. 3300, pro- vided that: ‘‘The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall continue to develop and implement comprehensive internal audit controls for its operations. The audit controls shall ad- dress, at a minimum, Board asset management sys- tems, including systems for accounting management, debt collection, travel, and property and inventory management and control.’’ IMPROVED AUDIT PROCEDURES Pub. L. 106–424, § 11, Nov. 1, 2000, 114 Stat. 1887, pro- vided that: ‘‘The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and rec- ommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.’’ § 1112. Special boards of inquiry on air transpor- tation safety (a) ESTABLISHMENT.—If an accident involves a substantial question about public safety in air transportation, the National Transportation Safety Board may establish a special board of inquiry composed of— (1) one member of the Board acting as chair- man; and (2) 2 members representing the public, ap- pointed by the President on notification of the establishment of the special board of inquiry. (b) QUALIFICATIONS AND CONFLICTS OF INTER- EST.—The public members of a special board of inquiry must be qualified by training and expe- rience to participate in the inquiry and may not have a pecuniary interest in an aviation enter- prise involved in the accident to be investigated. (c) AUTHORITY.—A special board of inquiry has the same authority that the Board has under this chapter. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1112 ............ 49 App.:1443. Aug. 23, 1958, Pub. L. 85–726, § 703, 72 Stat. 782. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168. In subsection (c), the words ‘‘when convened to inves- tigate an accident certified to it by the National Trans- portation Safety Board’’ are omitted as surplus. § 1113. Administrative (a) GENERAL AUTHORITY.—(1) The National Transportation Safety Board, and when author- ized by it, a member of the Board, an adminis- trative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hear- ings to carry out this chapter, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence. (2) A witness or evidence in a hearing under paragraph (1) of this subsection may be sum- moned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. Page 155 TITLE 49—TRANSPORTATION § 1113 (3) A subpoena shall be issued under the signa- ture of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman. (4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the per- son against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a con- tempt of court. (b) ADDITIONAL POWERS.—(1) The Board may— (A) procure the temporary or intermittent services of experts or consultants under sec- tion 3109 of title 5; (B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41; (C) use, when appropriate, available services, equipment, personnel, and facilities of a de- partment, agency, or instrumentality of the United States Government on a reimbursable or other basis; (D) confer with employees and use services, records, and facilities of State and local gov- ernmental authorities; (E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate; (F) accept voluntary and uncompensated services notwithstanding another law; (G) accept gifts of money and other prop- erty; (H) make contracts with nonprofit entities to carry out studies related to duties and pow- ers of the Board; (I) negotiate and enter into agreements with individuals and private entities and depart- ments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident in- vestigation theory and techniques, and require that such entities provide appropriate consid- eration for the reasonable costs of any facili- ties, goods, services, or training provided by the Board; (J) notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investiga- tions under this chapter; and (K) notwithstanding section 3301 of title 41, acquire training on emerging transportation technologies if such training— (i) is required for an ongoing investigation; and (ii) meets the criteria under section 3304(a)(7)(A) of title 41. (2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collec- tions to the appropriation of the Board. The Board shall maintain an annual record of collec- tions received under paragraph (1)(I) of this sub- section. (c) SUBMISSION OF CERTAIN COPIES TO CON- GRESS.—When the Board submits to the Presi- dent or the Director of the Office of Manage- ment and Budget a budget estimate, budget re- quest, supplemental budget estimate, other budget information, a legislative recommenda- tion, prepared testimony for congressional hear- ings, or comments on legislation, the Board must submit a copy to Congress at the same time. An officer, department, agency, or instru- mentality of the Government may not require the Board to submit the estimate, request, in- formation, recommendation, testimony, or com- ments to another officer, department, agency, or instrumentality of the Government for ap- proval, comment, or review before being sub- mitted to Congress. The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Manage- ment and Budget, or Congress under this sub- section. (d) LIAISON COMMITTEES.—The Chairman may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumental- ities of the Government, State and local govern- mental authorities, and independent standard- setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees. (e) INQUIRIES.—The Board, or an officer or em- ployee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person trans- porting individuals or property in commerce to submit to the Board a written report and an- swers to requests and questions related to a duty or power of the Board. The Board may pre- scribe the time within which the report and an- swers must be given to the Board or to the des- ignated officer or employee. Copies of the report and answers shall be made available for public inspection. (f) REGULATIONS.—The Board may prescribe regulations to carry out this chapter. (g) OVERTIME PAY.— (1) IN GENERAL.—Subject to the requirements of this section and notwithstanding para- graphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the min- imum rate of basic pay for GS–10 of the Gen- eral Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an ac- cident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. (2) LIMITATION ON OVERTIME PAY TO AN EM- PLOYEE.—An employee of the Board may not receive overtime pay under paragraph (1), for Page 156 TITLE 49—TRANSPORTATION § 1113 work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such cal- endar year. (3) LIMITATION ON TOTAL AMOUNT OF OVER- TIME PAY.—The Board may not make overtime payments under paragraph (1) for work per- formed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appro- priated to carry out this chapter for that fis- cal year. (4) BASIC PAY DEFINED.—In this subsection, the term ‘‘basic pay’’ includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). (h) STRATEGIC WORKFORCE PLAN.— (1) IN GENERAL.—The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the au- thorities and duties of the Board under this chapter. (2) ALIGNING THE WORKFORCE TO STRATEGIC GOALS.—In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration— (A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board; (B) the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry; (C) with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident se- verity and risk, posed by each mode of trans- portation, and how the Board’s staffing for each transportation mode reflects these as- pects; (D) the workforce policies, strategies, per- formance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board; (E) a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to re- cruit and retain skilled employees at the Board; (F) a workforce management strategy that is aligned with the mission of the Board, in- cluding plans for continuity of leadership and knowledge sharing; (G) an implementation system that ad- dresses workforce competency gaps, particu- larly in mission-critical occupations; and (H) a system for analyzing and evaluating the performance of the Board’s workforce management policies, programs, and activi- ties. (3) PLANNING PERIOD.—The strategic work- force plan developed under paragraph (1) shall address a 5-year forecast period, but may in- clude planning for longer periods based on in- formation about emerging technologies or safety trends in transportation. (4) PLAN UPDATES.—The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years. (5) RELATIONSHIP TO STRATEGIC PLAN.—The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under section 306 of title 5. (6) AVAILABILITY.—The strategic workforce plan under paragraph (1) and the strategic plan required under section 306 of title 5 shall be— (A) submitted to the Committee on Trans- portation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate; and (B) made available to the public on a website of the Board. (i) NON-ACCIDENT-RELATED TRAVEL BUDGET.— (1) IN GENERAL.—The Board shall establish annual fiscal year budgets for non-accident-re- lated travel expenditures for each Board mem- ber. (2) NOTIFICATION.—The Board shall notify the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-acci- dent-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§ 3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, § 9(e)–(g), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 111–350, § 5(o)(2), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 115–254, div. C, § 1112(c)–(e), Oct. 5, 2018, 132 Stat. 3437, 3438; Pub. L. 118–63, title XII, §§ 1204(a), 1205–1207(a), May 16, 2024, 138 Stat. 1422–1424.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1113(a) ........ 49 App.:1903(b)(1), (3). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (b)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876. 1113(b)(1)(A) 49 App.:1441(b) (words before semicolon). Aug. 23, 1958, Pub. L. 85–726, § 701(b), 72 Stat. 781. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A), (b)(6)(C). 1113(b)(1)(B) 49 App.:1903(b)(4). 1113(b)(1)(C) 49 App.:1441(b) (words after semi- colon). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 49 App.:1903(b)(6)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(b)(6), 88 Stat. 2170; July 19, 1988, Pub. L. 100–372, § 5, 102 Stat. 877. 1113(b) (1)(D)–(I), (2). 49 App.:1903(b)(6)(B), (D)–(H). 1113(c) ........ 49 App.:1903(b)(7). 1113(d) ........ 49 App.:1903(b)(8). 1113(e) ........ 49 App.:1903(b)(9). 1113(f) ........ 49 App.:1903(b)(12). Jan. 3, 1975, Pub. L. 93–633, § 304(b)(12), 88 Stat. 2171; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, § 6, 104 Stat. 4656. In subsection (a)(1), the words ‘‘sit and act at such times and places’’ are omitted as unnecessary. The word ‘‘necessary’’ is substituted for ‘‘as the Board or Page 157 TITLE 49—TRANSPORTATION § 1113 such officer or employee deems advisable’’ because it is more accurate. In subsection (a)(2), the words ‘‘the witness would have been’’ are added for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (a)(4), the words ‘‘If a person disobeys’’ are substituted for ‘‘In case of contumacy or refusal to obey’’ for consistency in the revised title and with other titles of the Code. The words ‘‘of the Board’’ are substituted for ‘‘of the Board, or of any duly designated employee thereof’’ to eliminate unnecessary words. The words ‘‘the Board may bring a civil action in a district court of the United States’’ are substituted for ‘‘such district court shall, upon the request of the Board, have jurisdiction’’ for consistency in the revised title and because of 28:1331. The word ‘‘forthwith’’ is omitted as surplus. The words ‘‘An action under this paragraph may be brought in the judicial district’’ are added for clarity. In subsection (b)(1)(A), the text of 49 App.:1441(b) (words before semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C). In subsection (b)(1)(B), the words ‘‘make agreements and other transactions’’ are substituted for ‘‘enter into . . . such contracts, leases, cooperative agreements, or other transactions’’ to eliminate unnecessary words. The words ‘‘to carry out this chapter’’ are substituted for ‘‘in the conduct of the functions and the duties of the Board under this chapter’’ for consistency. The words ‘‘with any government entity or any person’’ are omitted as surplus. In subsection (b)(1)(C), the words ‘‘Department of Transportation and of other’’ are omitted as surplus. The words ‘‘department, agency, or instrumentality of the United States Government’’ are substituted for ‘‘ci- vilian or military agencies and instrumentalities of the Federal Government’’ in 49 App.:1903(b)(6)(A) for con- sistency in the revised title and with other titles of the Code. The text of 49 App.:1441(b) (words after semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A). In subsection (b)(1)(D), the word ‘‘available’’ is omit- ted as surplus. In subsection (b)(1)(E), the words ‘‘one or more’’ are omitted as surplus because the authority to appoint ad- visory committees is discretionary and unlimited on its face. The word ‘‘appropriate’’ is substituted for ‘‘necessary or appropriate’’ to eliminate unnecessary words. The words ‘‘in accordance with the Federal Ad- visory Committee Act’’ are omitted as surplus because that Act applies unless specifically excluded. (See 5 App. U.S.C.) In subsection (b)(1)(G), the words ‘‘gifts of money and other property’’ are substituted for ‘‘gifts or donations of money or property (real, personal, mixed, tangible, or intangible)’’ to eliminate unnecessary words. In subsection (b)(1)(H), the words ‘‘public or private’’ are omitted as surplus. Subsection (b)(2) is substituted for ‘‘and to apply the funds received to the Board’s appropriations’’ for clar- ity and consistency in the revised title and with other titles of the Code. In subsection (c), the word ‘‘submits’’ is substituted for ‘‘submits or transmits’’ for consistency. The words ‘‘Director of the Office of Management and Budget’’ are substituted for ‘‘Office of Management and Budget’’ be- cause of 31:502(a). In subsection (d), the word ‘‘appropriate’’ is sub- stituted for ‘‘necessary or appropriate’’ to eliminate unnecessary words. In subsection (e), the words ‘‘officer or employee’’ are substituted for ‘‘employee’’ for consistency in the re- vised title. The words ‘‘by order’’ are substituted for ‘‘by special or general orders’’ to eliminate unnecessary words. The word ‘‘individuals’’ is substituted for ‘‘peo- ple’’ for consistency in the revised title. In subsection (f), the words ‘‘prescribe regulations to carry out this chapter’’ are substituted for ‘‘rules and regulations as may be necessary to the exercise of its functions’’ for consistency in the revised title and with other titles of the Code and because ‘‘rule’’ and ‘‘regu- lation’’ are synonymous. Editorial Notes REFERENCES IN TEXT GS–10 of the General Schedule, referred to in subsec. (g)(1), is set out under section 5332 of Title 5, Govern- ment Organization and Employees. AMENDMENTS 2024—Subsec. (b)(1)(K). Pub. L. 118–63, § 1204(a), added subpar. (K). Subsec. (g)(5). Pub. L. 118–63, § 1205, struck out par. (5). Text read as follows: ‘‘Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and In- frastructure Committee a report identifying the total amount of overtime payments made under this sub- section in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 per- cent limit established by paragraph (2).’’ Subsec. (h). Pub. L. 118–63, § 1206, added subsec. (h). Subsec. (i). Pub. L. 118–63, § 1207(a), added subsec. (i). 2018—Subsec. (a)(1). Pub. L. 115–254, § 1112(e), sub- stituted ‘‘subpoena’’ for ‘‘subpena’’. Subsec. (b)(1)(J). Pub. L. 115–254, § 1112(c), added sub- par. (J). Subsec. (h). Pub. L. 115–254, § 1112(d), struck out sub- sec. (h). Text read as follows: ‘‘The Board shall main- tain at least 1 full-time employee in each State located more than 1,000 miles from the nearest Board regional office to provide initial investigative response to acci- dents the Board is empowered to investigate under this chapter that occur in that State.’’ 2011—Subsec. (b)(1)(B). Pub. L. 111–350 substituted ‘‘section 6101(b) to (d) of title 41’’ for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’. 2006—Subsec. (a)(3). Pub. L. 109–443, § 9(e), substituted ‘‘subpoena’’ for ‘‘subpena’’. Subsec. (a)(4). Pub. L. 109–443, § 9(e), which directed substitution of ‘‘subpoena’’ for ‘‘subpena’’, was exe- cuted by making the substitution wherever appearing, to reflect the probable intent of Congress. Subsec. (c). Pub. L. 109–443, § 9(f), inserted at end ‘‘The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this sub- section.’’ Subsec. (h). Pub. L. 109–443, § 9(g), added subsec. (h). 2000—Subsec. (b)(1)(I). Pub. L. 106–424, § 3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: ‘‘require that the departments, agen- cies, and instrumentalities of the Government, State and local governments, and governments of foreign countries provide appropriate consideration for the rea- sonable costs of goods and services supplied by the Board.’’ Subsec. (b)(2). Pub. L. 106–424, § 3(b)(1), inserted ‘‘as offsetting collections’’ after ‘‘to be credited’’ and ‘‘The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.’’ at end. Subsec. (g). Pub. L. 106–424, § 4, added subsec. (g). Statutory Notes and Related Subsidiaries RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS SERVICES Pub. L. 108–168, § 4, Dec. 6, 2003, 117 Stat. 2033, as amended by Pub. L. 109–443, § 3, Dec. 21, 2006, 120 Stat. 3298, provided that: ‘‘(a) IN GENERAL.—The National Transportation Safe- ty Board may enter into agreements or contracts under the authority of section 1113(b)(1)(B) of title 49, United States Code, for investigations conducted under section Page 158 TITLE 49—TRANSPORTATION § 1114 1131 of that title without regard to any other provision of law requiring competition if necessary to expedite the investigation. ‘‘(b) REPORT ON USAGE.—On July 1 of each year, as part of the annual report required by section 1117 of title 49, United States Code, the National Transpor- tation Safety Board shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure, the House of Representatives Com- mittee on Government Reform [now Committee on Oversight and Accountability], the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Governmental Affairs that— ‘‘(1) describes each contract executed by the Board to which the authority provided by subsection (a) was applied; and ‘‘(2) sets forth the rationale for dispensing with competition requirements with respect to such con- tract.’’ TRAVEL BUDGETS Pub. L. 106–424, § 9, Nov. 1, 2000, 114 Stat. 1886, which required the Chairman of the National Transportation Safety Board to establish annual fiscal year budgets for non-accident-related travel expenditures for Board members to be approved by the Board and submitted to the appropriate congressional committees with de- tailed travel reports, was repealed by Pub. L. 118–63, title XII, § 1207(b), May 16, 2024, 138 Stat. 1424. § 1114. Disclosure, availability, and use of infor- mation (a) GENERAL.—(1) Except as provided in sub- sections (b), (c), (d), and (f) of this section, a copy of a record, information, or investigation submitted or received by the National Transpor- tation Safety Board, or a member or employee of the Board, shall be made available to the pub- lic on identifiable request and at reasonable cost. This subsection does not require the re- lease of information described by section 552(b) of title 5 or protected from disclosure by an- other law of the United States. (2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be cred- ited to the appropriation of the Board as offset- ting 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 in- strumentality of the United States Govern- ment when requested for official use; (B) to a committee of Congress having ju- risdiction 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 pro- ceeding; 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 com- ment in writing, or orally in closed session, on the proposed disclosure, if the delay re- sulting 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-re- lated 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 disclo- sure of the information would inhibit the vol- untary 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 in- formation in making safety recommendations. (d) SURFACE VEHICLE RECORDINGS AND TRAN- SCRIPTS.— (1) CONFIDENTIALITY OF RECORDINGS.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface ve- hicle voice or video recorder recording or tran- script 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 com- munication centers, related to an accident in- vestigated 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 informa- tion in making safety recommendations.