10 U.S.C. § 8678 — Chief of Naval Operations: certification

Page 3333 TITLE 10—ARMED FORCES § 8678a ance with applicable provisions of law, but only after— (A) the Secretary of the Navy notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writing of the pro- posed disposition; and (B) 30 days of continuous session of Congress have expired following the date on which such notice is sent to those committees. (2) For purposes of paragraph (1)(B), the con- tinuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computa- tion of such 30-day period. (Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1709, § 7307; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 109–364, div. A, title X, § 1013, Oct. 17, 2006, 120 Stat. 2376; renumbered § 8677, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 6 of that Act is classified generally to subchapter VI (§ 2796 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of chapter 32 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7307 of this title as this section. 2006—Subsec. (a). Pub. L. 109–364 substituted ‘‘dis- posal of that vessel, or of a vessel of the class of that vessel, is authorized’’ for ‘‘disposition of that vessel is approved’’ and inserted at end ‘‘In the case of an au- thorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such dis- posal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal.’’ 1999—Subsec. (b)(1)(A). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. 1996—Subsec. (b)(1)(A). Pub. L. 104–106 substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Rep- resentatives’’ for ‘‘Committees on Armed Services of the Senate and House of Representatives’’. 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. § 8678. Chief of Naval Operations: certification required for disposal of combatant vessels Notwithstanding any other provision of law, no combatant vessel of the Navy may be sold, transferred, or otherwise disposed of unless the Chief of Naval Operations certifies that it is not essential to the defense of the United States. (Added Pub. L. 103–160, div. A, title VIII, § 824(b), Nov. 30, 1993, 107 Stat. 1710, § 7308; renumbered § 8678, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7308 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. § 8678a. Limitation on decommissioning or inac- tivating 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 congres- sional 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 Au- thorization 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 capa- bility 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