Sec. 1045. Establishment of major mishap incident designation classification for Department of Defense incidents
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The Secretary of Defense shall establish a new mishap designation classification for the most serious incidents, to be known as major mishap incidents , to describe incidents that— result in not less than $500,000,000 in damage or loss, as calculated not later than 5 days after the date of the incident and, to the maximum extent possible, in accordance with the requirements described in paragraph 9, enclosure 4 of Department of Defense Instruction 6055.07; cause the deaths of not fewer than 5 individuals; or are so designated by the secretary of the military department primarily affected by the incident based on the magnitude of the loss to the Department of Defense.
The convening authority for any investigation of a major mishap incident shall appoint an investigating officer from among officers who hold a rank not lower than Major General in the Army, Air Force, or Marine Corps or Rear Admiral in the Navy to investigate all major mishap incidents— including any related administrative, disciplinary, or legal investigations; and excluding any criminal investigations conducted by a military criminal investigative organization. The Secretary of Defense shall require that a full investigation of each major mishap incident be completed, to the extent practicable, not later than 1 year after the date on which the investigation is initiated.
In the case of a major mishap incident that was directly caused by the misconduct of a member of the Armed Forces, that member shall be subject to mandatory administrative processing for discharge if the member has not otherwise been separated from the Armed Forces following a conviction at court-martial and an adjudged sentence of a punitive discharge. The Secretary of Defense shall require that any accountability action, including the mandatory administrative processing described in paragraph (1), shall commence, to the extent practicable, not later than 180 days after the date on which the investigation into the major mishap incident is completed.
Not later than 90 days after an incident designated as a major mishap incident, and every 120 days thereafter, the convening authority for the investigation into the incident shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report summarizing all remediation and accountability measures related to that incident taken during the period preceding submission of the report. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall amend Department of Defense Instruction 6055.07 (relating to mishap notification, investigation, reporting, and record keeping) to implement the requirements under this section.