10 U.S.C. § 2254: Treatment of reports of…

Summary

When a military department investigates a military aircraft accident, the records and report must follow special rules. An "accident investigation" means any probe that is not a "safety investigation." A "safety investigation" only looks for the cause and ways to stop the same kind of accident from happening again. If someone asks, the Secretary must release unclassified tapes, scientific reports, and other factual material before the final report if those items would be part of the final report and if releasing them would not hurt the investigation or harm national security. Officials who run safety investigations cannot be the ones to make those releases. The final report must say what the investigators think caused the accident if the evidence allows it. If the evidence is not enough for a firm opinion, the report must describe factors the investigators believe substantially contributed. Opinions in the report about cause or contributing factors cannot be used as evidence or as an admission of liability in any civil or criminal case. Each military department must write rules to carry out these requirements.

Title 10, §2254

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

(1)Whenever the Secretary of a military department conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Secretary, the records and report of the investigations shall be treated in accordance with this section.

(2)For purposes of this section, an accident investigation is any form of investigation of an aircraft accident other than an investigation (known as a “safety investigation”) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.

(b)Public Disclosure of Certain Accident Investigation Information.—

(1)The Secretary concerned, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation, before the release of the final accident investigation report relating to the accident, if the Secretary concerned determines—

(A)that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and

(B)that release of such tapes, reports, or other information—

(i)would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and

(ii)would not compromise national security.

(2)A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.

(c)Opinions Regarding Causation of Accident.—

Following a military aircraft accident—

(1)if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion (or opinions) as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion (or opinions) of the investigators as to the cause or causes of the accident; and

(2)if the evidence surrounding the accident is not sufficient for those investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.

(d)Use of Information in Civil Proceedings.—

For purposes of any civil or criminal proceeding arising from an aircraft accident, any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such information be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.

(e)Regulations.—

The Secretary of each military department shall prescribe regulations to carry out this section.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–484, div. A, title X, § 1071(c), Oct. 23, 1992, 106 Stat. 2508, provided that: “Section 2254 of title 10, United States Code, as added by subsection (a), shall apply with respect to accidents occurring on or after the date on which

Regulations

are first prescribed under that section.”

Regulations

Pub. L. 105–261, div. A, title X, § 1065(c), Oct. 17, 1998, 112 Stat. 2134, provided that: “The Secretary of Defense shall prescribe

Regulations

, which shall be applied uniformly across the Department of Defense, establishing procedures by which the military departments shall provide to the family members of any person involved in a military aviation accident periodic update reports on the conduct and progress of investigations into the accident.” Pub. L. 102–484, div. A, title X, § 1071(b), Oct. 23, 1992, 106 Stat. 2508, provided that: “

Regulations

under section 2254 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992].”

§2254 Treatment of Reports of Aircraft Accident Investigations

Summary

Title 10, §2254

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Regulations

Regulations

Regulations

Citations & Metadata