§179 Nuclear Weapons Council

section 4219(a) of such Act (50 U.S.C. 2538a(a)), referred to in subsec. (f)(3)(B)(ii)(I), means section 4219(a) of the Atomic Energy Defense Act, div. D of Pub. L. 107–314, which was classified to section 2538a(a) of Title 50, War and National Defense, prior to repeal and restatement as section 6128(a) of this title by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1363, 1458. section 231(f) of this title, referred to in subsec. (f)(6), was redesignated as section 231(g) of this title by Pub. L. 117–263, div. A, title III, § 352(a)(2), Dec. 23, 2022, 136 Stat. 2533, and was subsequently redesignated as section 231(h) of this title by Pub. L. 118–159, div. A, title X, § 1021(1), Dec. 23, 2024, 138 Stat. 2052.

2025—Subsec. (a). Pub. L. 119–60, § 1631(1), in introductory provisions, inserted “The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy.” after “joint activity of the Department of Defense and the Department of Energy.” Subsec. (c)(3). Pub. L. 119–60, § 1631(2), struck out par. (3) which related to staff and administrative services; staff director. Subsec. (d)(1) to (5). Pub. L. 119–60, § 1631(3)(A), (B), added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively. Former par. (5) redesignated (6). Subsec. (d)(6). Pub. L. 119–60, § 1631(3)(C), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts.” Pub. L. 119–60, § 1631(3)(A), designated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (d)(7). Pub. L. 119–60, § 1631(3)(D), substituted “Overseeing the approval of” for “Ensuring that adequate consideration is given to”. Pub. L. 119–60, § 1631(3)(A), designated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (d)(8). Pub. L. 119–60, § 1631(3)(E), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Providing specific guidance regarding priorities for research on nuclear weapons and priorities among activities, including production, surveillance, research,

, and any other programs within the National Nuclear Security Administration.” Pub. L. 119–60, § 1631(3)(A), designated par. (7) as (8). Former par. (8) redesignated (9). Subsec. (d)(9). Pub. L. 119–60, § 1631(3)(F), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Coordinating and approving activities conducted by the Department of Energy for the study, development, production, and retirement of nuclear warheads, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead production, and warhead retirement.” Pub. L. 119–60, § 1631(3)(A), designated par. (8) as (9). Former par. (9) redesignated (10). Subsec. (d)(10). Pub. L. 119–60, § 1631(3)(G), inserted “and weapon system” after “warhead”. Pub. L. 119–60, § 1631(3)(A), designated par. (9) as (10). Former par. (10) redesignated (11). Subsec. (d)(11). Pub. L. 119–60, § 1631(3)(A), designated par. (10) as (11). Former par. (11) redesignated (12). Subsec. (d)(12). Pub. L. 119–60, § 1631(3)(H), inserted “and related weapon systems supporting nuclear deterrence missions” after “weapons”. Pub. L. 119–60, § 1631(3)(A), designated par. (11) as (12). Former par. (12) redesignated (13). Subsec. (d)(13). Pub. L. 119–60, § 1631(3)(A), designated par. (12) as (13). Former par. (13) redesignated (14). Subsec. (d)(14). Pub. L. 119–60, § 3111(c)(1)(A)(i), which directed amendment of par. (13) of subsec. (d) by substituting “section 6101” for “section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)”, was executed by making the substitution in par. (14), to reflect the probable intent of Congress, in view of the redesignation of par. (13) as (14) by Pub. L. 119–60, § 1631(3)(A). See note below. Pub. L. 119–60, § 1631(3)(I), substituted “Overseeing” for “Coordinating” and inserted “systems and” after “delivery”. Pub. L. 119–60, § 1631(3)(A), designated par. (13) as (14). Subsec. (f)(1). Pub. L. 119–60, § 1631(4), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Council shall annually review the plans and budget of the National Nuclear Security Administration and assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons.” Subsec. (f)(2)(A), (B)(i), (ii). Pub. L. 119–60, § 3111(c)(1)(A)(ii)(I), substituted “section 6289” for “section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757)”. Subsec. (f)(3)(C). Pub. L. 119–60, § 3111(c)(1)(A)(ii)(II), substituted “section 6218” for “section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))”. 2024—Subsec. (c)(2), (3)(A). Pub. L. 118–159 substituted “Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs” for “Nuclear, Chemical, and Biological Defense Programs”. 2022—Subsec. (d)(9). Pub. L. 117–263, § 1633(a)(1), inserted “, in coordination with the Joint Requirements Oversight Council,” after “capabilities, and”. Subsec. (d)(10) to (12). Pub. L. 117–263, § 1633(a)(2), (3), added par. (10) and redesignated former pars. (10) and (11) as (11) and (12), respectively. Subsec. (d)(13). Pub. L. 117–263, § 1633(a)(2), (4), redesignated par. (12) as (13), struck it out, and added a new par. (13). Prior to amendment, such par. related to Council’s responsibility to provide guidance regarding priorities and comments on annual proposals for research on improved conventional weapons. Subsec. (f). Pub. L. 117–263, § 1633(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to budget and funding matters. Subsec. (g)(1)(A). Pub. L. 117–263, § 1633(d), inserted “and the members who attended each meeting” before the semicolon. 2021—Subsec. (d)(9) to (12). Pub. L. 116–283, § 1632(a), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively. Subsec. (g). Pub. L. 116–283, § 1631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to semiannual briefings to Congress. 2019—Subsec. (g). Pub. L. 116–92 added subsec. (g). 2018—Subsec. (a)(1). Pub. L. 115–232, § 1661(1), substituted “Acquisition and Sustainment” for “Acquisition, Technology, and Logistics”. Subsec. (a)(4) to (6). Pub. L. 115–232, § 1661(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2017—Subsec. (f)(3)(B)(iii). Pub. L. 115–91, § 1081(a)(14), substituted “Joint” for “Joints”. Subsec. (f)(6), (7). Pub. L. 115–91, § 1653, added par. (6) and redesignated former par. (6) as (7). 2015—Subsec. (g). Pub. L. 114–92 struck out subsec. (g) which related to annual report. 2014—Subsec. (f)(3) to (6). Pub. L. 113–291 added pars. (3) to (6). 2013—Subsec. (a)(5). Pub. L. 113–66, § 1091(a)(3), substituted “Commander” for “commander”. Subsec. (b)(3). Pub. L. 112–239, § 1039(c), inserted at end “To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.” Subsec. (d)(2). Pub. L. 112–239, § 1039(a)(1), inserted “and alternatives” before period at end. Subsec. (d)(3). Pub. L. 112–239, § 1039(a)(2), inserted “and approving” after “Coordinating”. Subsec. (d)(7). Pub. L. 112–239, § 1039(a)(3), substituted “specific” for “broad” and inserted before period at end “and priorities among activities, including production, surveillance, research,

, and any other programs within the National Nuclear Security Administration”. Subsec. (d)(10). Pub. L. 113–66, § 1053(a), redesignated par. (11) as (10) and struck out former par. (10) which read as follows: “Coordinating and providing guidance and oversight on nuclear command, control, and communications systems.” Pub. L. 112–239, § 1039(a)(5), added par. (10). Former par. (10) redesignated (12). Subsec. (d)(11). Pub. L. 113–66, § 1053(a)(2), redesignated par. (12) as (11). Pub. L. 112–239, § 1039(b)(1), added par. (11). Subsec. (d)(12). Pub. L. 113–66, § 1053(a)(2), redesignated par. (12) as (11). Pub. L. 112–239, § 1039(a)(4), redesignated par. (10) as (12). Subsec. (f). Pub. L. 112–239, § 1039(b)(3), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 113–66, § 1053(c), substituted “that includes the following” for “on the following” in introductory provisions. Pub. L. 112–239, § 1039(b)(2), redesignated subsec. (f) as (g). Subsec. (g)(6). Pub. L. 113–66, § 1053(b), added par. (6). 2011—Subsec. (c)(2). Pub. L. 111–383, § 901(j)(1)(A), substituted “Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs” for “Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs”. Subsec. (c)(3)(A). Pub. L. 111–383 substituted “Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs” for “Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs” and “Assistant Secretary” for “that Assistant to the Secretary”. 2006—Subsec. (a)(5). Pub. L. 109–364 added par. (5). 2004—Subsec. (a). Pub. L. 108–375, § 902(b), (d)(1), inserted heading and, in introductory provisions, struck out “Joint” before “Nuclear Weapons Council” and substituted “operated as a joint activity of the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:” for “composed of three members as follows:”. Subsec. (a)(4). Pub. L. 108–375, § 902(a), added par. (4). Subsec. (b). Pub. L. 108–375, § 902(d)(2), inserted heading. Subsec. (c). Pub. L. 108–375, § 902(d)(3), inserted heading. Subsec. (c)(3)(B). Pub. L. 108–375, § 902(c)(1), substituted “designated” for “appointed”. Subsec. (d). Pub. L. 108–375, § 902(d)(4), inserted heading. Subsec. (e). Pub. L. 108–375, § 902(c)(2), (d)(5), inserted heading and substituted “The Council shall” for “In addition to the responsibilities set forth in subsection (d), the Council shall also” in text. Subsec. (f). Pub. L. 108–375, § 902(c)(3), (d)(6), inserted heading and substituted “congressional defense committees” for “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives” in introductory provisions. 2001—Subsec. (a)(1). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”. 2000—Subsec. (a)(3). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3152(a)(1)], added par. (3) and struck out former par. (3) which read as follows: “One senior representative of the Department of Energy designated by the Secretary of Energy.” Subsec. (b)(2). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3152(a)(2)], substituted “the Under Secretary for Nuclear Security of the Department of Energy” for “the representative designated under subsection (a)(3)”. 1999—Subsec. (b)(3). Pub. L. 106–65, § 3163(a)(1), added par. (3). Subsec. (c)(3). Pub. L. 106–65, § 3163(a)(2), added par. (3). Subsec. (f). Pub. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions. Subsec. (f)(3) to (5). Pub. L. 106–65, § 3163(c), added pars. (3) to (5). 1996—Subsec. (c)(2). Pub. L. 104–106, § 904(b)(1), substituted “Nuclear and Chemical and Biological Defense Programs” for “Atomic Energy”. Subsec. (e). Pub. L. 107–314, § 4213(c)(2), formerly Pub. L. 104–201, § 3159(c)(2), as renumbered by Pub. L. 108–136, added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 104–106, § 1502(a)(7), substituted “to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the” for “to the Committees on Armed Services and Appropriations of the Senate and”. Subsec. (f). Pub. L. 107–314, § 4213(c)(1), formerly Pub. L. 104–201, § 3159(c)(1), as renumbered by Pub. L. 108–136, redesignated subsec. (e) as (f). 1994—Subsecs. (a)(3), (b). Pub. L. 103–337, § 3152(c), substituted “designated” for “appointed” wherever appearing. Subsec. (d)(8) to (10). Pub. L. 103–337, § 3152(a), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (e). Pub. L. 103–337, § 3152(b), added subsec. (e). 1993—Subsec. (a)(1). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”. 1992—Subsec. (a)(1). Pub. L. 102–484 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Director of Defense Research and Engineering.” 1988—Subsec. (e). Pub. L. 100–456 struck out subsec. (e) which read as follows: “The Council shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report on the actions that have been taken by the Department of Defense and the Department of Energy to implement the recommendations of the President’s Blue Ribbon Task Group on Nuclear Weapons Program Management. The Council shall include in such report its recommendation on the role and composition of the staff on the Council. The Council shall submit such report to the Committees not later than March 1, 1987.” 1987—Subsec. (e). Pub. L. 100–180 realigned margins of subsec. (e).

of 2011 AmendmentAmendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. Consideration of Budget Matters at Meetings of Nuclear Weapons Council Pub. L. 116–92, div. A, title XVI, § 1664, Dec. 20, 2019, 133 Stat. 1773, provided that: “(a) Attendance.—“(1) Requirement.—Except as provided by subsection (b), each official described in paragraph (2) shall attend the meetings of the Nuclear Weapons Council established by section 179 of title 10, United States Code, and the meetings of the Standing and Safety Committee of the Council, or such a successor committee. Each such official shall attend such meetings as advisors on matters within the authority and expertise of the official. “(2) Officials described.—The officials described in this paragraph are each of the following officials (or the designees of the officials):“(A) The Director of Cost Assessment and Program Evaluation of the Department of Defense. “(B) The Director of the Office of Management and Budget of the National Nuclear Security Administration. “(C) The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration. “(D) The Director of the Office of Management and Budget. “(b) Exception.—On a case-by-case basis, the Chairman of the Nuclear Weapons Council, without delegation, may exclude the attendance of an official at a meeting pursuant to subsection (a) because of specific requirements relating to classified information or other exigent circumstances as determined by the Chairman.” Chairman of JCS To Serve on Council If There Is No Vice Chairman of JCS Pub. L. 99–661, div. C, title I, § 3137(b), Nov. 14, 1986, 100 Stat. 4066, provided that, if on Nov. 14, 1986, the position of Vice Chairman of the Joint Chiefs of Staff had not been established by law, the Chairman of the Joint Chiefs of Staff would be a member of the Nuclear Weapons Council established by section 179 of this title, and would remain a member of such Council until an individual had been appointed Vice Chairman of the Joint Chiefs of Staff.