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Code · BILL · 117th Congress · H.R. 4350 (Reported in House) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for militar... · Sec. 352

Sec. 352. Establishment of Joint Safety Council

914 words·~4 min read·/bill/117/hr/4350/rh/section-352·

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Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council ). The Council shall include the following voting members: The Vice Chief of Staff of the Army. The Vice Chief of Staff of the Air Force. The Vice Chief of Naval Operations. The Assistant Commandant of the Marine Corps. The Vice Chief of Space Operations.
A member of the Senior Executive Service from the Office of the Under Secretary of Defense for Personnel and Readiness, appointed by the Deputy Secretary of Defense. A member of the Senior Executive Service from the Office of the Under Secretary for Research and Engineering, appointed by the Deputy Secretary of Defense. A member of the Senior Executive Service from the Office of the Under Secretary for Acquisition and Sustainment, appointed by the Deputy Secretary of Defense.
The Council shall include the following non-voting members: The Director of Safety for the Department of the Army, who shall be appointed by the Secretary of the Army. The Director of Safety for the Department of the Air Force, who shall be appointed by the Secretary of the Air Force. The Director of Safety for the Department of the Navy, who shall be appointed by the Secretary of the Navy. The Deputy Assistant Secretary of Defense for Force Safety and Occupational Health, appointed by the Deputy Secretary of Defense as the Executive Secretary.
Members of the Council serve at the will of the official who appointed them. Vacancies on the Council shall be filled in the same manner as the original appointment. Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years.
The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense. The Vice Chair shall be a person appointed under subsection
(b)who is a member of the Senior Executive Service. The Vice Chair shall report to the Chair and shall serve as Chair in his or her absence. The Council may appoint staff in accordance with section 3101 of title 5. The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. The Chair may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. The Council shall meet quarterly and at the call of the Chair. The Council shall carry out the following responsibilities: Subject to subsection (j), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. Establishing uniform data collection standards, a centralized collection system for mishaps in the Department of Defense, and a process for safeguarding sensitive data and information where appropriate. Reviewing the compliance of each military department in adopting and using the uniform data collection standards established under paragraph (2). Reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. Establishing standards and requirements for the collection of equipment, simulator, training, pilot, and operator data. Establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. Establishing, in consultation with the heads of other Federal departments and agencies, as appropriate, a requirement for each military department to implement a safety management system. Reviewing the safety management system of each military department and the implementation of such systems. Reviewing and assessing civilian and commercial safety programs and practices to determine the suitability of such programs for implementation in the Department. Establishing a requirement for each military department to implement a system to monitor recommendations made in safety and legal investigation reports to ensure implementation of corrective actions. Reviewing and providing feedback on the investments of the military departments in technological solutions for safety and mishap prevention. The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item: 184. Joint Safety Council. .
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