108 STAT. 750 PUBLIC LAW 103-272—JULY 5, 1994 (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 recorder information in making safety recommendations. (d) DRUG TESTS.— (1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 100-71, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board: J^ords. (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. Privacy. (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. §1115. Training (a) DEFINITION.—In this section, "Institute" means the Transportation Safety Institute of the Department of Transportation and any successor organization of the Institute. (b) USE OF INSTITUTE SERVICES.— The National Transportation Safety Board may use, on a reimbursable basis, the services of the Institute. The Secretary of Transportation shall make the Institute available to— (1) the Board for safety training of employees of the Board in carrying out their duties and powers; and (2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary. (c) FEES.— <1) Training at the Institute for safety personnel (except employees of the Government) shall be provided at a reasonable fee established periodically by the Board in consultation with the Secretary. The fee shall be paid directly to the Secretary, and the Secretary shall deposit the fee in the Treasury. The amount of the fee—
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