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10 U.S.C. § 8227 — Notifications on manning of afloat naval forces
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of the Navy shall notify the congressional defense committees, in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as follows:
(1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter.
(2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter.
**(b) Elements.—** The notification required by subsection (a) shall include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) If the lowest level of manning fit or manning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred.
(5) If the lowest level of manning fit or manning fill for the ship is projected to occur after the fiscal year quarter concerned, the projected level and the date on which such level is projected to occur.
(6) If not achieved as of the date of the notification the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship.
(7) If not achieved as of the date of the notification, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship.
(8) A description of the reasons the Navy has not achieved, or will not achieve, as applicable, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to a
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Source location: Title 10, Chapter 825, § 8227; chapter-825-administration.md
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**(a) In General.—** The Secretary of the Navy shall notify the congressional defense committees, in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as follows:
(1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter.
(2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter.
**(b) Elements.—** The notification required by subsection (a) shall include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) If the lowest level of manning fit or manning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred.
(5) If the lowest level of manning fit or manning fill for the ship is projected to occur after the fiscal year quarter concerned, the projected level and the date on which such level is projected to occur.
(6) If not achieved as of the date of the notification the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship.
(7) If not achieved as of the date of the notification, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship.
(8) A description of the reasons the Navy has not achieved, or will not achieve, as applicable, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages.
(9) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship.
**(c) Special Rule.—** For purposes of determining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade.
**(d) Crewing of a Surface Combatant Vessel: Prohibition; Exception.—**
(1) Beginning on October 1, 2025, the Secretary of the Navy may not assign more than one crew to a covered ship that is a surface combatant vessel if any surface combatant vessel was included in a notification under subsection (a) during the 12 months preceding such assignment.
(2) The prohibition under paragraph (1) shall not apply to a littoral combat ship configured to conduct mine countermeasures if the Secretary of the Navy submits to the congressional defense committees a certification and detailed explanation that such ship is unable to meet operational requirements regarding mine countermeasures, determined by the commander of a combatant command concerned, with only one crew.
**(e) Definitions.—** In this section:
(1) The term “covered ship” means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register.
(2) The term “manning fill”, in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating.
(3) The term “manning fit”, in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship when compared with the ship manpower document requirement and billets authorized for such skills and experience.
(4) The term “surface combatant vessel” means any littoral combat ship (including the LCS–1 and LCS–2 classes), frigate (including the FFG–62 class), destroyer (excluding the DDG–1000 class), or cruiser (including the CG–47 class).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the Navy.
(2) A person may not be appointed as Secretary of the Navy within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
**(b)** Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Navy is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Navy, including the following functions:
(1) Recruiting.
(2) Organizing.
(3) Supplying.
(4) Equipping (including research and development).
(5) Training.
(6) Servicing.
(7) Mobilizing.
(8) Demobilizing.
(9) Administering (including the morale and welfare of personnel).
(10) Maintaining.
(11) The construction, outfitting, and repair of military equipment.
(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.
**(c)** Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Navy is also responsible to the Secretary of Defense for—
(1) the functioning and efficiency of the Department of the Navy;
(2) the formulation of policies and programs by the Department of the Navy that ar
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Federal law — U.S. Code and appendices · legal_authorities
Page 3202
TITLE 10—ARMED FORCES
§ 8227
(2) Data setting forth victim demographics,
injuries, autopsy findings, homicide or suicide
methods, weapons, police information, assail-
ant demographics, and household and family
information.
(3) Legal disposition.
(4) System intervention and failures, if any,
within the Department of Defense.
(5) A discussion of significant findings.
(6) Recommendations for systemic changes,
if any, within the Department of the Navy and
the Department of Defense.
(c) OSD GUIDANCE.—The Secretary of Defense
shall prescribe guidance, which shall be uniform
for the military departments, for the conduct of
reviews by the Secretary under subsection (a).
(Added Pub. L. 108–136, div. A, title V, § 576(b)(1),
Nov. 24, 2003, 117 Stat. 1487, § 6036; renumbered
§ 8226, Pub. L. 115–232, div. A, title VIII,
§ 807(b)(7), Aug. 13, 2018, 132 Stat. 1834.)
Editorial Notes
PRIOR PROVISIONS
A prior section 8230, added Pub. L. 85–861, § 1(164)(B),
Sept. 2, 1958, 72 Stat. 1515, provided that members of Air
Force who are detailed for any duty with agencies of
United States outside the Department of Defense on a
reimbursable basis not be counted in computing
strengths under any law, prior to repeal by Pub. L.
96–513, title II, § 232, Dec. 12, 1980, 94 Stat. 2886, effective
Sept. 15, 1981.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 6036 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
EFFECTIVE DATE
Section applicable to fatalities that
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