Title 10, Armed ForcesRelease 119-110

§8678a Limitation on Decommissioning or Inactivating a Battle Force Ship Before the End of Expected Service Life

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

Last updated Sep 22, 2026|Official source

Summary

The Navy cannot retire or take a battle force ship out of service before the ship reaches its expected years of service. The Secretary of the Navy can make an exception if he or she sends a written certification to the congressional defense committees no later than three days after the President files the budget materials under section 1105(a) of title 31 for that fiscal year, and if 30 days pass after the National Defense Authorization Act for that year becomes law. The certification must say that keeping the ship at lower activity, keeping it with less capability, using it as a Navy Reserve unit, transferring it to the Coast Guard, and keeping it to meet the latest national defense strategy are all not feasible. It must explain what options were checked and why. The certification must be unclassified but can have a classified annex. A battle force ship means a commissioned warship or a U.S. Naval Ship that directly helps Navy 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)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)
(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 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110