Title 10Armed ForcesRelease 119-73

§8678a Limitation on decommissioning or inactivating a battle force ship before the end of expected service life

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART IV— - GENERAL ADMINISTRATION › Chapter CHAPTER 863— - NAVAL VESSELS › § 8678a

Last updated Apr 6, 2026|Official source

Summary

The Navy must not retire or take a battle force ship out of service before it reaches its expected service life. The Secretary of the Navy can make an exception only if they send a written certification to the congressional defense committees within three days after the President files the budget documents under 31 U.S.C. 1105(a) for that fiscal year, and at least 30 days have passed after the National Defense Authorization Act for that year becomes law. The certification must say that several alternatives were not feasible: keeping the ship in reduced operating status, keeping it with reduced capability, using it as a Navy Reserve unit, or transferring it to the Coast Guard; and it must say the ship is not required by the most recent national defense strategy. The certification must explain the options considered and the reasons for those conclusions. It must be filed unclassified but can include a classified annex. A battle force ship means a commissioned U.S. warship or other Navy ship that directly helps combat or support missions. Expected service life means the number of years the ship is expected to serve.

Full Legal Text

Title 10, §8678a

Armed Forces — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–263, § 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. 117–263, § 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 Amendment Pub. L. 117–263, 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.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 8678a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73