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10 U.S.C. § 8678aLimitation on decommissioning or inactivating a battle force ship before the end of expected service life

submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 336 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy generally cannot decommission a battle force ship before its expected service life ends. The Secretary can waive this rule only by certifying to Congress that no other option works. That waiver also requires a 30-day wait after the year's defense authorization law is enacted.

(a) Limitation — The Secretary of the Navy cannot decommission or inactivate a battle force ship before the ship's expected service life ends. (b) Waiver — The Secretary may waive that rule for a battle force ship if: (1) the Secretary sends Congress's defense committees the certification described in (c) no later than three days after the President submits that year's budget under section 1105(a) of title 31; and (2) 30 days have passed since that year's National Defense Authorization Act was enacted. (c) Certification Described — The certification must state that: (1)(A) keeping the ship in reduced operating status isn't feasible; (B) keeping it at reduced capability isn't feasible; (C) keeping it as a Navy Reserve unit isn't feasible; (D) transferring it to the Coast Guard isn't feasible; and (E) keeping the ship isn't required to support the latest national defense strategy under section 113(g). (2) The certification must also explain: (A) the options considered and the reasoning behind the (A)-(D) determinations; and (B) the reasoning behind the (E) determination. (d) Form — The certification must be unclassified, though it may include a classified annex. (e) Definitions — "Battle force ship" means a commissioned United States Ship warship able to help in combat, or a United States Naval Ship that directly supports Navy warfighting or support missions. "Expected service life" means how many years a naval vessel is expected to stay in service.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-81 · 135 Stat. 1894
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2764

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.

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