10 USC 179 - Nuclear Weapons Council

Editorial Notes

Amendments

2022—Subsec. (d)(9). Puspan. L. 117–263, § 1633(a)(1), inserted “, in coordination with the Joint Requirements Oversight Council,” after “capabilities, and”.

Subsec. (d)(10) to (12). Puspan. 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). Puspan. 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). Puspan. L. 117–263, § 1633(span), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to budget and funding matters.

Subsec. (g)(1)(A). Puspan. L. 117–263, § 1633(d), inserted “and the members who attended each meeting” before the semicolon.

2021—Subsec. (d)(9) to (12). Puspan. L. 116–283, § 1632(a), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.

Subsec. (g). Puspan. L. 116–283, § 1631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to semiannual briefings to Congress.

2019—Subsec. (g). Puspan. L. 116–92 added subsec. (g).

2018—Subsec. (a)(1). Puspan. L. 115–232, § 1661(1), substituted “Acquisition and Sustainment” for “Acquisition, Technology, and Logistics”.

Subsec. (a)(4) to (6). Puspan. 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). Puspan. L. 115–91, § 1081(a)(14), substituted “Joint” for “Joints”.

Subsec. (f)(6), (7). Puspan. L. 115–91, § 1653, added par. (6) and redesignated former par. (6) as (7).

2015—Subsec. (g). Puspan. L. 114–92 struck out subsec. (g) which related to annual report.

2014—Subsec. (f)(3) to (6). Puspan. L. 113–291 added pars. (3) to (6).

2013—Subsec. (a)(5). Puspan. L. 113–66, § 1091(a)(3), substituted “Commander” for “commander”.

Subsec. (span)(3). Puspan. 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). Puspan. L. 112–239, § 1039(a)(1), inserted “and alternatives” before period at end.

Subsec. (d)(3). Puspan. L. 112–239, § 1039(a)(2), inserted “and approving” after “Coordinating”.

Subsec. (d)(7). Puspan. L. 112–239, § 1039(a)(3), substituted “specific” for “broad” and inserted before period at end “and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration”.

Subsec. (d)(10). Puspan. 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.”

Puspan. L. 112–239, § 1039(a)(5), added par. (10). Former par. (10) redesignated (12).

Subsec. (d)(11). Puspan. L. 113–66, § 1053(a)(2), redesignated par. (12) as (11).

Puspan. L. 112–239, § 1039(span)(1), added par. (11).

Subsec. (d)(12). Puspan. L. 113–66, § 1053(a)(2), redesignated par. (12) as (11).

Puspan. L. 112–239, § 1039(a)(4), redesignated par. (10) as (12).

Subsec. (f). Puspan. L. 112–239, § 1039(span)(3), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 113–66, § 1053(c), substituted “that includes the following” for “on the following” in introductory provisions.

Puspan. L. 112–239, § 1039(span)(2), redesignated subsec. (f) as (g).

Subsec. (g)(6). Puspan. L. 113–66, § 1053(span), added par. (6).

2011—Subsec. (c)(2). Puspan. 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). Puspan. 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). Puspan. L. 109–364 added par. (5).

2004—Subsec. (a). Puspan. L. 108–375, § 902(span), (d)(1), inserted span 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). Puspan. L. 108–375, § 902(a), added par. (4).

Subsec. (span). Puspan. L. 108–375, § 902(d)(2), inserted span.

Subsec. (c). Puspan. L. 108–375, § 902(d)(3), inserted span.

Subsec. (c)(3)(B). Puspan. L. 108–375, § 902(c)(1), substituted “designated” for “appointed”.

Subsec. (d). Puspan. L. 108–375, § 902(d)(4), inserted span.

Subsec. (e). Puspan. L. 108–375, § 902(c)(2), (d)(5), inserted span and substituted “The Council shall” for “In addition to the responsibilities set forth in subsection (d), the Council shall also” in text.

Subsec. (f). Puspan. L. 108–375, § 902(c)(3), (d)(6), inserted span 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). Puspan. 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). Puspan. 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. (span)(2). Puspan. 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. (span)(3). Puspan. L. 106–65, § 3163(a)(1), added par. (3).

Subsec. (c)(3). Puspan. L. 106–65, § 3163(a)(2), added par. (3).

Subsec. (f). Puspan. 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). Puspan. L. 106–65, § 3163(c), added pars. (3) to (5).

1996—Subsec. (c)(2). Puspan. L. 104–106, § 904(span)(1), substituted “Nuclear and Chemical and Biological Defense Programs” for “Atomic Energy”.

Subsec. (e). Puspan. L. 107–314, § 4213(c)(2), formerly Puspan. L. 104–201, § 3159(c)(2), as renumbered by Puspan. L. 108–136, added subsec. (e). Former subsec. (e) redesignated (f).

Puspan. 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). Puspan. L. 107–314, § 4213(c)(1), formerly Puspan. L. 104–201, § 3159(c)(1), as renumbered by Puspan. L. 108–136, redesignated subsec. (e) as (f).

1994—Subsecs. (a)(3), (span). Puspan. L. 103–337, § 3152(c), substituted “designated” for “appointed” wherever appearing.

Subsec. (d)(8) to (10). Puspan. L. 103–337, § 3152(a), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.

Subsec. (e). Puspan. L. 103–337, § 3152(span), added subsec. (e).

1993—Subsec. (a)(1). Puspan. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

1992—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. L. 100–180 realigned margins of subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Puspan. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Puspan. L. 111–383, set out as a note under section 131 of this title.

Consideration of Budget Matters at Meetings of Nuclear Weapons Council

Puspan. 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 (span), 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.

“(span)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

Puspan. L. 99–661, div. C, title I, § 3137(span), 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.