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

(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. 117–81, div. A, title X, §1014(a), Dec. 27, 2021, 135 Stat. 1894; amended Pub. L. 117–263, div. A, title X, §1024(a), Dec. 23, 2022, 136 Stat. 2764.)

#### **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."