
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2255]

 
                         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. 2255. Aircraft accident investigation boards: composition 
        requirements
        
    (a) Required Membership of Boards.--Whenever the Secretary of a 
military department convenes an aircraft accident investigation board to 
conduct an accident investigation (as described in section 2254(a)(2) of 
this title) with respect to a Class A accident involving an aircraft 
under the jurisdiction of the Secretary, the Secretary shall select the 
membership of the board so that--
        (1) a majority of the members (or in the case of a board 
    consisting of a single member, the member) is selected from units 
    other than the mishap unit or a unit subordinate to the mishap unit; 
    and
        (2) in the case of a board consisting of more than one member, 
    at least one member of the board is a member of the armed forces or 
    an officer or an employee of the Department of Defense who possesses 
    knowledge and expertise relevant to aircraft accident 
    investigations.

    (b) Exception.--(1) The Secretary of the military department 
concerned may waive the requirement of subsection (a)(1) in the case of 
an aircraft accident if the Secretary determines that--
        (A) it is not practicable to meet the requirement because of--
            (i) the remote location of the aircraft accident;
            (ii) an urgent need to promptly begin the investigation; or
            (iii) a lack of available persons outside of the mishap unit 
        who have adequate knowledge and expertise regarding the type of 
        aircraft involved in the accident; and

        (B) the objectivity and independence of the aircraft accident 
    investigation board will not be compromised.

    (2) The Secretary shall notify Congress of a waiver exercised under 
this subsection and the reasons therefor.
    (c) Consultation Requirement.--In the case of an aircraft accident 
investigation board consisting of a single member, the member shall 
consult with a member of the armed forces or an officer or an employee 
of the Department of Defense who possesses knowledge and expertise 
relevant to aircraft accident investigations.
    (d) Designation of Class A Accidents.--Not later than 60 days after 
an aircraft accident involving an aircraft under the jurisdiction of the 
Secretary of a military department, the Secretary shall determine 
whether the aircraft accident should be designated as a Class A accident 
for purposes of this section.
    (e) Definitions.--In this section:
        (1) The term ``Class A accident'' means an accident involving an 
    aircraft that results in--
            (A) the loss of life or permanent disability;
            (B) damages to the aircraft, other property, or a 
        combination of both, in an amount in excess of the amount 
        specified by the Secretary of Defense for purposes of 
        determining Class A accidents; or
            (C) the destruction of the aircraft.

        (2) The term ``mishap unit'', with respect to an aircraft 
    accident investigation, means the unit of the armed forces (at the 
    squadron or battalion level or equivalent) to which was assigned the 
    flight crew of the aircraft that sustained the accident that is the 
    subject of the investigation.

(Added Pub. L. 104-201, div. A, title IX, Sec. 911(a)(1), Sept. 23, 
1996, 110 Stat. 2621.)


                             Effective Date

    Section 911(b) of Pub. L. 104-201 provided that: ``Section 2255 of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to any aircraft accident investigation board convened by 
the Secretary of a military department after the end of the six-month 
period beginning on the date of the enactment of this Act [Sept. 23, 
1996].''
