Sec. 9. Disclosure, availability, and use of information
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Except as provided in subsections (b), (c), (d), and
(f)of this section, a copy of a record, information, or review submitted or received by the National Disaster Safety Board, or a member or employee of the Board, shall be posted publicly. Nothing in this subsection shall be construed to require the release of information described in section 552(b) of title 5, United States Code, or protected from disclosure by another law of the United States. The Board may disclose information related to a trade secret referred to in section 1905 of title 18, United States Code, only— to another department, agency, or instrumentality of the United States Government when requested for official use; to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee; in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and 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. Information disclosed under paragraph
(1)of this subsection may be disclosed only in a way designed to preserve its confidentiality. 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 review authority under this Act and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information. Except as provided in paragraph (2), the Board may not disclose publicly any part of an original recording or transcript of oral communications or original and contemporary written communications between Federal, State, Tribal, or local officials responding to an incident under review by the Board. Subject to subsections
(b)and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from an audio or video recording, or any still image obtained from a recording the Board decides is relevant to the incident— if the Board holds a public hearing on the incident at the time of the hearing; or if the Board does not hold a public hearing, at the time a majority of the other factual reports on the incident are placed in the public docket. This subsection does not prevent the Board from referring at any time to recorded or written information in making safety recommendations. 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 incident review, except that— the Board shall release records pertaining to such a review when the country conducting the review issues its final report or 2 years following the date of the incident, whichever occurs first; and the Board may disclose records and information when authorized to do so by the country conducting the review. Nothing in this subsection shall restrict the Board at any time from referring to foreign review information in making safety recommendations. Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent.