Security

AFI91-206(I) 8 JULY 2004

Department of Defense (DOD), Department of Transportation (DOT) and Department of Home-

land Security (DHS). A NTSB aircraft investigation has priority over any other investigation by

another federal agency or department. Concurrent investigations are not joint with the NTSB and

may not interfere with NTSB activities. The NTSB has subpoena power to compel a witness'

statement or testimony. NTSB procedures for investigations and reporting are contained in Title

49, Code of Federal Regulations (CFR), Chapter VIII, Parts 800 et seq., Parts 830 (Notification)

and 831 (Investigation).

1.3.3. This directive discusses three types of investigations; the NTSB accident investigation, the mil-

itary mishap safety investigation, and the military mishap administrative investigation.

1.3.3.1. The NTSB accident investigation is conducted in the public interest to promote aviation

safety. NTSB proceedings differ from military investigations especially in the areas regarding wit-

nesses and information release. In a NTSB investigation a witness can be subpoenaed to appear

before the Board to provide a statement or testimony, but the witness cannot be compelled to

incriminate themselves, the witness is entitled to representation or counsel, and the witness' state-

ment or testimony is not privileged and relevant portions become part of the NTSB's public inves-

tigation record. The NTSB's report, cause determination and recommended corrective actions are

public records, but are not admissible in court as evidence.

1.3.3.2. The military mishap safety investigation is an internal inquiry by the respective service

conducted solely for the purpose of mishap prevention. In soliciting information from personnel

involved in the mishap, the investigative board may grant a promise of confidentiality to a witness

to assure them that the information they provide will only be used to prevent further mishaps and

will not be released for any other purpose. Portions of a military safety investigation report contain

privileged information and documents, not releasable to the public.

1.3.3.3. The military mishap administrative investigation is conducted apart from a military mis-

hap safety investigation. Such investigations may take a variety of forms, and may involve witness

testimony under oath. Witnesses may be represented by counsel and must be informed of their

rights against self-incrimination if they are suspected of a criminal offense. Statements may gener-

ally be admitted as evidence against the witness or used in any other manner. The military admin-

is trat iv e investigation and report satisfy the requirement for legal and administrative

documentation of a mishap. The report meets the requirement for legal sufficiency and is releas-

able to the NTSB, the FAA, and the public.

1.4. Security. Security matters are administered according to military service regulations.

1.4.1. The commander of the unit to which the mishap aircraft was assigned, the commander of the

nearest military installation, and the commander conducting the investigation are responsible for the

security of any classified material associated with the mishap.

1.4.2. The senior member of the military investigation board (i.e., the board president) is responsible

for ensuring all board participants that have access to classified material have the appropriate security

clearance.

1.4.3. In a NTSB investigation, the military coordinator provides liaison for security matters between

the NTSB Investigator-in-Charge (IIC) and the appropriate military authority.