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10 U.S.C. § 172Explosive safety board

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 808 words · no verdicts yet

in plain englishAI-generated · not legal advice

A joint board with members from each military department oversees the storage and transport of ammunition to prevent hazards. The board's chair leads on explosives and chemical-agent safety, and the board must meet quarterly and report yearly to Congress.

(a) In General: The Secretary of Defense runs a joint board — with military officers as chair and voting members from each military department, plus other civilian defense staff as needed — that oversees how ammunition supplies are stored and transported for the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. The board's main job is keeping these supplies properly spread out and stored, and stopping unsafe conditions that could endanger lives or property, inside or outside storage areas. If the Coast Guard is not part of the Navy Department, the Secretary of Homeland Security appoints a Coast Guard officer as a voting board member. (b) Oversight by Secretaries of the Military Departments: Each military department's Secretary oversees research, development, testing, evaluation, and manufacturing of energetic materials, meaning explosive materials, needed for military use. (c) Responsibilities of Chair: Except as subsection (h) provides, the board's chair must: (1) act as the Secretary's main representative and advisor on explosive and chemical-agent safety for military munitions; (2) approve hazard classifications; (3) run board meetings; (4) direct the board's staff; (5) handle other explosives-safety jobs the Assistant Secretary of Defense for Sustainment assigns; (6) give unbiased advice on explosives safety to the Secretary of Defense and military department heads; (7) represent the Department of Defense on explosives-safety matters; (8) advise the Under Secretary of Defense for Acquisition and Sustainment and the Deputy Director of Land Warfare and Munitions on munitions acquisition and technology, especially explosives and chemical-agent safety and demilitarization; (9) advise the Assistant Secretary of Defense for Logistics and Material Readiness on sustaining munitions safely, including storage, transportation, and demilitarization; (10) recommend official guidance defining the board's functions; (11) set up joint hazard-classification procedures with other Defense components; (12) recommend safety standards to the Under Secretary of Defense for Acquisition and Sustainment; (13) oversee the Department's explosives-safety programs; and (14) do any other job the Secretary of Defense assigns. (d) Responsibilities of Executive Director and Civilian Members: The board's executive director and civilian members must (1) help the chair carry out the duties in subsection (c), and (2) do other jobs the chair assigns. (e) Meetings: (1) The board must meet at least every three months. (2) The chair must give Congress's defense committees a yearly report on what happened at board meetings. (f) Exclusive Responsibilities: Only the explosive safety board may (1) recommend new or updated explosives and chemical-agent safety rules to the Assistant Secretary of Defense for Energy, Installations and Environment, for forwarding to the Under Secretary of Defense for Acquisition and Sustainment, and (2) act as the main place where Defense components coordinate on explosives safety. (g) Covered Components: The Department components covered by this section are: (1) the Office of the Secretary of Defense; (2) the military departments; (3) the Office of the Chairman of the Joint Chiefs of Staff, the Joint Staff, and the Combatant Commands; (4) the Office of the Inspector General; (5) the Defense Agencies; (6) Department of Defense field activities; and (7) all other organizational parts of the Department. (h) Explosives Used by Space Launch Vehicles: (1) The Secretary of Defense must hand off the chair's responsibilities under subsection (c), for explosives used in space launch vehicles, to the Secretary of the Air Force, who may pass them further to the Commanders of the Space Launch Deltas. (2) Here, "launch vehicle" has the meaning given in section 50902(11) of title 51.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Secretary of Defense, acting through a joint board that includes members selected by the Secretaries of the military departments, composed of military officers designated as the chair and voting members of the board for each military department, and other civilian officers and employees of the Department of Defense, as necessary, shall provide oversight on storage and transportation of supplies of ammunition and components thereof for use of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, with particular regard to keeping those supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations. When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board.

(b)Oversight by Secretaries of the Military Departments.—

The Secretaries of the military departments shall provide research, development, test, evaluation, and manufacturing oversight for energetic materials supporting military requirements.

(c)Responsibilities of Chair.—

Except as provided in subsection (h), the chair of the explosive safety board shall carry out the following responsibilities:

(1)

To act as the principal executive representative and advisor of the Secretary on explosive and chemical agent safety matters related to Department of Defense military munitions.

(2)

To perform the hazard classification approval duties assigned to the chair.

(3)

To preside over meetings of the explosive safety board.

(4)

To direct the staff of the explosive safety board.

(5)

To perform other functions relating to explosives safety management, as directed by the Assistant Secretary of Defense for Sustainment.

(6)

To provide impartial and objective advice related to explosives safety management to the Secretary of Defense and the heads of the military departments.

(7)

To serve as the principal representative and advisor of the Department of Defense on matters relating to explosives safety management.

(8)

To provide assistance and advice to the Under Secretary of Defense for Acquisition and Sustainment and the Deputy Director of Land Warfare and Munitions in munitions acquisition oversight and technology advancement for Department of Defense military munitions, especially in the areas of explosives and chemical agent safety and demilitarization.

(9)

To provide assistance and advice to the Assistant Secretary of Defense for Logistics and Material Readiness in sustainment oversight of Department of Defense military munitions, especially in the areas of explosives and chemical agent safety, storage, transportation, and demilitarization.

(10)

To develop and recommend issuances to define the functions of the explosive safety board.

(11)

To establish joint hazard classification procedures with covered components of the Department.

(12)

To make recommendations to the Under Secretary of Defense for Acquisition and Sustainment with respect to explosives and chemical agent safety tenets and requirements.

(13)

To conduct oversight of Department of Defense explosive safety management programs.

(14)

To carry out such other responsibilities as the Secretary of Defense determines appropriate.

(d)Responsibilities of Executive Director and Civilian Members.—

The executive director and civilian members of the explosive safety board shall—

(1)

provide assistance to the chair in carrying out the responsibilities specified in subsection (c); and

(2)

carry out such other responsibilities as the chair determines appropriate.

(e)Meetings.—
(1)

The explosive safety board shall meet not less frequently than quarterly.

(2)

The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the meetings of the board.

(f)Exclusive Responsibilities.—

The explosive safety board shall have exclusive responsibility within the Department of Defense for—

(1)

recommending new and updated explosive and chemical agent safety regulations and standards to the Assistant Secretary of Defense for Energy Installations and Environment for submittal to the Under Secretary of Defense for Acquisition and Sustainment; and

(2)

acting as the primary forum for coordination among covered components of the Department on all matters related to explosive safety management.

(g)Covered Components.—

In this section, the covered components of the Department are each of the following:

(1)

The Office of the Secretary of Defense.

(2)

The military departments.

(3)

The Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands.

(4)

The Office of the Inspector General of the Department.

(5)

The Defense Agencies.

(6)

The Department of Defense field activities.

(7)

All other organizational entities within the Department.

(h)Explosives Used by Space Launch Vehicles.—
(1)

The Secretary of Defense shall delegate to the Secretary of the Air Force, who may further delegate to the Commanders of the Space Launch Deltas, the responsibilities under subsection (c) with respect to explosives used by space launch vehicles.

(2)

In this subsection, the term “launch vehicle” has the meaning given such term in section 50902(11) of title 51.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 104–201, div. A, title IX, § 909, Sept. 23, 1996, 110 Stat. 2621; Pub. L. 111–383, div. A, title X, § 1075(b)(7), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 115–91, div. A, title III, § 341(a), (b)(1), Dec. 12, 2017, 131 Stat. 1361; Pub. L. 115–232, div. A, title III, § 351, Aug. 13, 2018, 132 Stat. 1730; Pub. L. 116–283, div. A, title III, § 351(a), title IX, § 924(b)(2)(A)(ii), Jan. 1, 2021, 134 Stat. 3542, 3821; Pub. L. 118–31, div. A, title XVI, § 1601(a), title XVIII, § 1801(a)(2), Dec. 22, 2023, 137 Stat. 583, 683.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2621
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4369
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1361
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1730
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3542, 3821
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 583, 683

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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