Military Equipment Quality and Safety Reform Act

I 118TH CONGRESS 1ST SESSION H. R. 4214 To direct the Secretary of Defense to establish and implement a comprehen- sive system for analyzing and addressing nonconformities in the after- math of all Class A Mishaps, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 20, 2023 Mr. CALVERT introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to establish and imple- ment a comprehensive system for analyzing and address- ing nonconformities in the aftermath of all Class A Mis- haps, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military Equipment 4 Quality and Safety Reform Act’’ or ‘‘MEZr Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 01:59 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4214.IH H4214 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4214 IH (1) The Department of Defense lacks a com- 1 prehensive system for addressing nonconformities 2 that may have contributed to Class A Mishaps. 3 (2) This lack of a system can result in a failure 4 to identify and address underlying issues, which can 5 increase the risk of similar incidents occurring in the 6 future. 7 SEC. 3. DEPARTMENT OF DEFENSE SYSTEM FOR ANALYSIS 8 OF NONCONFORMITIES CONTRIBUTING TO 9 CLASS A MISHAPS. 10 (a) SYSTEM REQUIRED.—Not later than 180 days 11 after the date of the enactment of this Act, the Secretary 12 of Defense shall establish and implement a comprehensive 13 system for analyzing and addressing nonconformities in 14 the aftermath of all Class A Mishaps. Such system shall 15 include each of the following capabilities: 16 (1) The analysis of processes, work operations, 17 and material for nonconformities. 18 (2) The investigation of the causes of 19 nonconformities. 20 (3) The identification of the actions needed to 21 correct and prevent the recurrence of 22 nonconformities. 23 VerDate Sep 11 2014 01:59 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4214.IH H4214 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4214 IH (4) The implementation and documentation of 1 changes in methods and procedures to correct and 2 prevent identified nonconformities. 3 (5) The verification or validation of corrective 4 and preventive actions to ensure that such actions 5 are effective and do not adversely affect the overall 6 system. 7 (6) Ensuring that information related to 8 nonconformities including corrective and preventive 9 actions and their effectiveness is disseminated to the 10 individuals who are directly responsible for assuring 11 the quality of related processes, and made available 12 for public release. 13 (7) The submission to the Joint Safety Counsel 14 established under section 184 of title 10, United 15 States Code, of relevant information on identified 16 nonconformities, as well as corrective and preventive 17 actions and their effectiveness. 18 (b) GUIDELINES AND PROCEDURES.—The Secretary 19 of Defense shall establish guidelines and procedures for 20 compliance with the requirements of this Act. 21 (c) ENFORCEMENT.— 22 (1) PENALTIES FOR NONCOMPLIANCE.—The 23 Secretary of Defense may establish penalties for 24 noncompliance with the requirements of the system 25 VerDate Sep 11 2014 01:59 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4214.IH H4214 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4214 IH established under subsection (a), which may include 1 fines, suspension or revocation of contracts, and 2 other appropriate measures. 3 (2) AUDITING AND MONITORING.—The Sec- 4 retary of Defense shall establish auditing and moni- 5 toring processes to ensure compliance with the re- 6 quirements of the system established under sub- 7 section (a), which may include regular audits of 8 nonconformities and corrective and preventive ac- 9 tions taken. 10 (3) REPORTING.—The Secretary of Defense 11 shall submit to the Committees on Armed Services 12 of the Senate and House of Representatives a report 13 on the establishment of the system under subsection 14 (a). Such report shall include information on identi- 15 fied nonconformities, corrective and preventive ac- 16 tions taken, and the effectiveness of the system. 17 (d) DEFINITIONS.—In this section: 18 (1) The term ‘‘Class A Mishap’’ means any 19 mishap involving aircraft, missile, spacecraft, nu- 20 clear weapon, or submarine, resulting in— 21 (A) a fatality or permanent total disability; 22 or 23 (B) property damage of $2,000,000 or 24 more. 25 VerDate Sep 11 2014 01:59 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4214.IH H4214 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4214 IH (2) The term ‘‘nonconformity’’ means any fail- 1 ure to fulfill a specified requirement or standard. 2 Æ VerDate Sep 11 2014 01:59 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4214.IH H4214 kjohnson on DSK79L0C42PROD with BILLS