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LegalText 10 U.S.C. § 8678a Limitation on decommissioning or inactivating a battle force ship before the end of expected service life us united_states_code code_section 10 ARMED FORCES 863 NAVAL VESSELS 8678a 10 U.S.C. § 8678a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s8678a data/legal/raw/us/code/title-10/usc10.xml 88fcb30966c9c7bc90ca8ed959174a289e7fdd7518f3f4a1bd730d3910797981 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 8b6732827187686f7ad0cabb7567556d92be45f9f8c6ac7615332f97608b1e2d 2026-07-04 official
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10 U.S.C. § 8678a - Limitation on decommissioning or inactivating a battle force ship before the end of expected service life

Text

(a) Limitation.— The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship.

(b) Waiver.— The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if—

(1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship by not later than three days after the date on which the President submits the budget materials under section 1105(a) of title 31 for the fiscal year in which such waiver is sought; and

(2) a period of 30 days has elapsed following the date on which the National Defense Authorization Act for such fiscal year is enacted.

(c) Certification Described.— A certification described in this subsection is a certification that—

(1) (A) maintaining the battle force ship in a reduced operating status is not feasible;

(B) maintaining the ship with reduced capability is not feasible;

(C) maintaining the ship as a Navy Reserve unit is not feasible;

(D) transferring the ship to the Coast Guard is not feasible; and

(E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and

(2) includes an explanation of—

(A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and

(B) the rationale for the determination under subparagraph (E) of such paragraph.

(d) Form.— A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e) Definitions.— In this section:

(1) The term “battle force ship” means the following:

(A) A commissioned United States Ship warship capable of contributing to combat operations.

(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.

(2) The term “expected service life” means the number of years a naval vessel is expected to be in service.

(Added Pub. L. 11781, div. A, title X, § 1014(a), Dec. 27, 2021, 135 Stat. 1894; amended Pub. L. 117263, div. A, title X, § 1024(a), Dec. 23, 2022, 136 Stat. 2764.)

Notes

Editorial Notes

Amendments2022—Subsec. (b)(1). Pub. L. 117263, § 1024(a)(1), inserted “by not later than three days after the date on which the President submits the budget materials under section 1105(a) of title 31 for the fiscal year in which such waiver is sought” after “such ship”. Subsec. (b)(2). Pub. L. 117263, § 1024(a)(2), substituted “the National Defense Authorization Act for such fiscal year is enacted” for “such certification was submitted”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 AmendmentPub. L. 117263, div. A, title X, § 1024(b), Dec. 23, 2022, 136 Stat. 2764, provided that: “The amendments made by subsection (a) [amending this section] do not apply to a battle force ship (as such term is defined in section 8678a(e)(1) of title 10, United States Code) that is proposed to be decommissioned or inactivated during fiscal year 2023.”