The Office of General Counsel (GC) advises, assists, and represents the National Transportation Safety Board (NTSB) in support of its statutory activities related to transportation safety. NTSB’s statutory activities are primarily set forth in the Independent Safety Board Act of 1974, and most recently, the National Transportation Safety Board Amendments Act of 2024, as well as the Aviation Disaster Family Assistance Act of 1996, Foreign Air Carrier Family Support Act of 1997, and the Rail Passenger Disaster Family Assistance Act of 2008. NTSB is not a regulatory agency.
The GC directly provides enabling legal support to all NTSB modes of transportation and corresponding investigations, programs, and activities to ensure the effective and efficient operation of the NTSB such as investigative legal support, personnel law, ethics, and procurement. Pursuant to 49 U.S.C. § 1113, the General Counsel, on behalf of the NTSB Chairman, issues subpoenas to gather the appropriate evidence needed in NTSB safety investigations. The GC also coordinates with other Federal and State agencies that have parallel investigative roles related to accidents that the board investigates to ensure that the NTSB maintains its lead federal agency role while coordinating as appropriate as set forth in 49 U.S.C. § 1131 and applicable regulations.
The GC enforces the statutory prohibitions set forth in 49 U.S.C. § 1154(b) against the use of certain NTSB products in civil litigation. The GC also provides support related to board governance including public board meeting compliance with the Sunshine Act as well as open meetings and nonpublic collaborative discussions of the Board consistent with 49 U.S.C. § 1111(k).
Consistent with 49 U.S.C. § 1133, the GC also provides legal and drafting support to the Board enabling it to issue opinions and orders related to reviews on appeal of enforcement actions by the Federal Aviation Administration (FAA) and U.S. Coast Guard and certificate denials by the FAA.
The Designated Agency Ethics Official (DAEO) administers the NTSB Ethics Program pursuant to the Ethics in Government Act of 1978 on behalf of the NTSB Chairman. The NTSB Ethics Officials in GC manage and oversee the financial disclosure reporting, training, and provision of advice.
Requests for Board Information for Legal Proceedings
No portion of a Board report, related to an accident or investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. (49 U.S.C. § 1154(b)). Of course, a variety of material issued by or under the control of the Board or its employees may be of interest to private litigants and other individuals.
49 CFR Part 837 contains procedures to be followed when requesting material for use in legal proceedings (including administrative proceedings) in which the NTSB is not a party. Requests for material have been divided into two categories:
- Requests for material contained in the NTSB's official public docket or its computerized database (see 49 CFR Part 801 for the types of documents routinely issued by the Board) are directed to the Records Management Division. (49 CFR § 837.3)
- Requests for production of other materials in response to a demand of a private litigant, court or other authority should be directed to the Office of the General Counsel. (49 CFR § 837.4)
Testimony of Board Employees
To ensure that Board employees are devoted to the investigation and study of safety issues and to ensure that the Board does not have undue influence on private litigation, particular limitations are placed on the testimony of Board employees. (49 CFR Part 835)
All requests for Board employees to testify must be addressed to the General Counsel, who approves or denies such requests. (49 CFR § 835.6)
A Board employee's testimony may be available for use in actions or suits for damages in the form of deposition testimony or responses to written interrogatories. Board employees may not appear and testify in court in such actions (49 CFR § 835.5(a)). See 49 CFR § 835.5(b)-(d) for additional restrictions on depositions and testimony.
A Board employee may testify only as to the factual information they obtained in the course of an investigation. They will decline to testify regarding matters beyond the scope of their investigation and shall not give any expert or opinion testimony. (49 CFR § 835.3(b))
Updated February 27, 2025
