
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2254]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
          CHAPTER 134--MISCELLANEOUS ADMINISTRATIVE PROVISIONS
 
          SUBCHAPTER II--MISCELLANEOUS ADMINISTRATIVE AUTHORITY
 
Sec. 2254. Treatment of reports of aircraft accident 
        investigations
        
    (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.

(Added Pub. L. 102-484, div. A, title X, Sec. 1071(a)(1), Oct. 23, 1992, 
106 Stat. 2507.)


                             Effective Date

    Section 1071(c) of Pub. L. 102-484 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, Sec. 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.''
    Section 1071(b) of Pub. L. 102-484 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].''

                  Section Referred to in Other Sections

    This section is referred to in section 2255 of this title.
