118 HR 4214 IH: MEZr Act U.S. House of Representatives 2023-06-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4214IN THE HOUSE OF REPRESENTATIVESJune 20, 2023Mr. Calvert introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to establish and implement a comprehensive system for analyzing and addressing nonconformities in the aftermath of all Class A Mishaps, and for other purposes.

1.

Short title

This Act may be cited as the Military Equipment Quality and Safety Reform Act or MEZr Act.

2.

Findings

Congress makes the following findings:(1)The Department of Defense lacks a comprehensive system for addressing nonconformities that may have contributed to Class A Mishaps.(2)This lack of a system can result in a failure to identify and address underlying issues, which can increase the risk of similar incidents occurring in the future.

3.

Department of Defense system for analysis of nonconformities contributing to Class A Mishaps

(a)

System required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and implement a comprehensive system for analyzing and addressing nonconformities in the aftermath of all Class A Mishaps. Such system shall include each of the following capabilities:(1)The analysis of processes, work operations, and material for nonconformities.(2)The investigation of the causes of nonconformities.(3)The identification of the actions needed to correct and prevent the recurrence of nonconformities.(4)The implementation and documentation of changes in methods and procedures to correct and prevent identified nonconformities.(5)The verification or validation of corrective and preventive actions to ensure that such actions are effective and do not adversely affect the overall system.(6)Ensuring that information related to nonconformities including corrective and preventive actions and their effectiveness is disseminated to the individuals who are directly responsible for assuring the quality of related processes, and made available for public release.(7)The submission to the Joint Safety Counsel established under section 184 of title 10, United States Code, of relevant information on identified nonconformities, as well as corrective and preventive actions and their effectiveness.(b)

Guidelines and procedures

The Secretary of Defense shall establish guidelines and procedures for compliance with the requirements of this Act.(c)

Enforcement

(1)

Penalties for noncompliance

The Secretary of Defense may establish penalties for noncompliance with the requirements of the system established under subsection (a), which may include fines, suspension or revocation of contracts, and other appropriate measures.(2)

Auditing and monitoring

The Secretary of Defense shall establish auditing and monitoring processes to ensure compliance with the requirements of the system established under subsection (a), which may include regular audits of nonconformities and corrective and preventive actions taken.(3)

Reporting

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the establishment of the system under subsection (a). Such report shall include information on identified nonconformities, corrective and preventive actions taken, and the effectiveness of the system.(d)

Definitions

In this section:(1)The term Class A Mishap means any mishap involving aircraft, missile, spacecraft, nuclear weapon, or submarine, resulting in—(A)a fatality or permanent total disability; or(B)property damage of $2,000,000 or more.(2)The term nonconformity means any failure to fulfill a specified requirement or standard.