10 U.S. Code § 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
(b) Exception.— 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—
(1) it is not practicable to meet the requirement because of—
(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—
(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
Source(Added Pub. L. 104–201, div. A, title IX, § 911(a)(1),Sept. 23, 1996, 110 Stat. 2621; amended Pub. L. 108–136, div. A, title X, § 1031(a)(13),Nov. 24, 2003, 117 Stat. 1597.)
2003—Subsec. (b). Pub. L. 108–136struck out par. (1) designation before “The Secretary”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, redesignated cls. (i) to (iii) of former subpar. (A) as subpars. (A) to (C), respectively, of par. (1), and struck out par. (2) which read as follows: “The Secretary shall notify Congress of a waiver exercised under this subsection and the reasons therefor.”
Pub. L. 104–201, div. A, title IX, § 911(b),Sept. 23, 1996, 110 Stat. 2622, 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].”
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