(A) on display of appropriate credentials 
and written notice of authority, may— 
(i) enter an area where an incident 
has occurred; 
(ii) take such actions as are necessary 
to conduct a review under this section, so 
long as the actions do not interfere with 
ongoing lifesaving and life-sustaining oper-
ations; and 
(iii) during reasonable hours, inspect 
any record, including an electronic record, 
process, control, or facility related to an in-
cident under this Act. 
(2) REQUIREMENT.—The Board shall use ut-
most discretion to prevent interference with ongoing 
response efforts, including by developing review pro-
cedures with input from relevant authorities nation-
wide. 
SEC. 9. DISCLOSURE, AVAILABILITY, AND USE OF INFORMA-
TION. 
(a) DISCLOSURE OF INFORMATION.— 
(1) IN GENERAL.—Except as provided in sub-
sections (b), (c), (d), and (f) of this section, a copy 
of a record, information, or review submitted or re-
ceived by the National Disaster Safety Board, or a 
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member or employee of the Board, shall be posted 
publicly. 
(2) RULE OF CONSTRUCTION.—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. 
(b) TRADE SECRETS.— 
(1) IN GENERAL.—The Board may disclose in-
formation related to a trade secret referred to in sec-
tion 1905 of title 18, United States Code, only— 
(A) to another department, agency, or in-
strumentality of the United States Government 
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 proceeding; 
and 
(D) to the public to protect health and 
safety after giving notice to any interested per-
son to whom the information is related and an 
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opportunity for that person to comment in writ-
ing, or orally in closed session, on the proposed 
disclosure, if the delay resulting from notice 
and opportunity for comment would not be det-
rimental to health and safety. 
(2) 
REQUIREMENT.—Information 
disclosed 
under paragraph (1) of this subsection may be dis-
closed only in a way designed to preserve its con-
fidentiality. 
(3) PROTECTION OF VOLUNTARY SUBMISSION 
OF INFORMATION.—Notwithstanding any other pro-
vision of law, neither the Board, nor any agency re-
ceiving 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. 
(c) RECORDINGS AND TRANSCRIPTS.— 
(1) CONFIDENTIALITY
OF
RECORDINGS.—Ex-
cept as provided in paragraph (2), the Board may 
not disclose publicly any part of an original record-
ing or transcript of oral communications or original 
and contemporary written communications between 
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Federal, State, Tribal, or local officials responding 
to an incident under review 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 informa-
tion obtained from an audio or video recording, or 
any still image obtained from a recording the Board 
decides is relevant to the incident— 
(A) if the Board holds a public hearing on 
the 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 fac-
tual reports on the 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 
recorded or written information in making safety 
recommendations. 
(d) FOREIGN REVIEWS.— 
(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 incident review, except that— 
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(A) the Board shall release records per-
taining to such a review when the country con-
ducting the review issues its final report or 2 
years following the date of the incident, which-
ever occurs first; and 
(B) the Board may disclose records and in-
formation when authorized to do so by the 
country conducting the review. 
(2) SAFETY
RECOMMENDATIONS.—Nothing in 
this subsection shall restrict the Board at any time 
from referring to foreign review information in mak-
ing safety recommendations. 
(e) PRIVACY PROTECTIONS.—Before making public 
any still image obtained from a video recorder under sub-
section (c)(2) or subsection (d)(2), the Board shall take 
such action as appropriate to protect from public disclo-
sure any information that readily identifies an individual, 
including a decedent. 
SEC. 10. TRAINING. 
(a) USE OF TRAINING FACILITIES.—The Board may 
use, on a reimbursable basis, the services of any training 
facility in the Federal Government, including those oper-
ated by the Department of Homeland Security, Depart-
ment of Health and Human Services, and Department of 
Commerce. The responsible department or agency shall 
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