Sec. 1054. ESTABLISHMENT OF MAJOR MISHAP INCIDENT DESIGNATION CLASSIFICATION FOR DEPARTMENT OF DEFENSE INCIDENTS

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## SEC. 1054 ESTABLISHMENT OF MAJOR MISHAP INCIDENT DESIGNATION CLASSIFICATION FOR DEPARTMENT OF DEFENSE INCIDENTS ###

(a)Establishment 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 any incident that— ####

(1)results in not less than $500,000,000 in damage or loss; and ####

(2)is of such complexity or sensitivity, or would have such an effect on the national security of the United States, as to warrant designation by the Secretary of Defense as a major mishap incident pursuant to regulations prescribed by the Secretary and that include the consideration of— #####

(A)the number of members of the Armed Forces who were killed due to the incident; #####

(B)the geographic dispersion of the incident; #####

(C)the grade of individuals involved; #####

(D)the number of Armed Forces and Government entities involved; #####

(E)the effect of the incident on the local civilian population; #####

(F)the effect of the incident on any foreign government or foreign personnel; #####

(G)the anticipated complexity or difficulty of the investigation of the incident; #####

(H)the effect of the incident on the capability of any major operational command or component to continue to function effectively; and #####

(I)such other matters as the Secretary determines appropriate. ###

(b)Investigations ####

(1)Grade of investigating officer 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— #####

(A)including any related administrative, disciplinary, or legal investigations; and #####

(B)excluding any criminal investigations conducted by a military criminal investigative organization. ####

(2)Timeline for investigations The Secretary of Defense shall amend Department of Defense Instruction 6055.07 to set the goal that a full investigation of each major mishap incident be completed, to the extent practicable, not later than one year after the date on which the investigation is initiated. ####

(3)Briefing requirement In the case of any investigation of a major mishap incident that is not completed within the timeline provided under paragraph (2), the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing every 90 days until the date of the completion of the investigation. Each such briefing shall include— #####

(A)an explanation for why the investigation has not been completed; and #####

(B)the projected date of the completion of the investigation. ###

(c)Accountability Actions If an investigation into a major mishap incident includes a recommendation to hold an individual accountable, the separation authority or convening authority, as appropriate, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the proceeding for the accountability action every 120 days beginning on the date of the completion of the investigation of the incident and ending on the date on which the proceeding is complete. ###

(d)Briefing Requirement Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services for the Senate and House of Representatives a briefing on— ####

(1)the status of the implementation of the establishment of a major mishap incident designation, as required under subsection (a); ####

(2)any updates to statutes or Department of Defense Instructions that are needed to implement this section; and ####

(3)the projected timeline for the implementation of this section. ###

(e)Deadline for Implementation Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall finalize the implementation of this section, including by updating any Department of Defense guidance and policy as necessary to carry out the requirements of this section.