Sec. 1712. LIMITATIONS ON THE TRANSFER, INCLUDING PREPARATIONS FOR THE TRANSFER, OF AH-64 APACHE HELICOPTERS ASSIGNED TO THE ARMY NATIONAL GUARD

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## SEC. 1712 LIMITATIONS ON THE TRANSFER, INCLUDING PREPARATIONS FOR THE TRANSFER, OF AH-64 APACHE HELICOPTERS ASSIGNED TO THE ARMY NATIONAL GUARD ###

(a)Prohibition on Transfers During Fiscal Year 2015 During fiscal year 2015, the Secretary of Defense and the Secretary of the Army may not transfer any AH-64 Apache helicopters from the Army National Guard to the regular Army. ###

(b)Additional Limitation on Aircraft or Personnel Transfers and Related Activities In addition to the prohibition on transfers imposed by subsection (a), but subject to the exceptions provided in subsection (e), the Secretary of Defense and the Secretary of the Army may not, before June 30, 2016— ####

(1)divest, retire, or transfer, or prepare to divest, retire, or transfer, any AH-64 Apache helicopters from the Army National Guard to the regular Army; or ####

(2)reduce personnel related to any AH-64 Apache helicopters of the Army National Guard below the levels of such personnel as of September 30, 2014. ###

(c)Continued Readiness of Aircraft and Personnel The Secretary of the Army shall ensure the continuing readiness of AH-64 Apache helicopters during fiscal year 2015 as necessary to meet the requirements of combatant commanders. ###

(d)Effect on Personnel Actions and Training Notwithstanding the prohibition imposed by subsection (a), the limitation imposed by subsection (b), and the duty imposed by subsection (c), the Secretary of the Army may— ####

(1)carry out any personnel action, as determined to be appropriate by the Secretary, necessary to support Army aviation readiness and operations; ####

(2)conduct qualification and reclassification training for pilots, crew, and military occupational specialties related to Army Aviation; and ####

(3)continue flight training and advanced qualification courses for selected National Guard personnel related to AH-64 Apache helicopters in accordance with Army readiness requirements. ###

(e)Exceptions Subject to the Secretary of Defense certification required by subsection (f), the Secretary of the Army may— ####

(1)during the period beginning on the date of the enactment of this Act and ending on June 30, 2016, make preparations for the transfer of not more than 48 AH-64 Apache helicopters from the Army National Guard to the regular Army; and ####

(2)during the period beginning on October 1, 2015, and ending on June 30, 2016, transfer not more than 48 AH-64 Apache helicopters from the Army National Guard to the regular Army. ###

(f)Certification Required The certification referred to in subsection

(e)is a certification by the Secretary of Defense in writing to the congressional defense committees that the commencement of preparations to transfer AH-64 Apache helicopters pursuant to the exception provided by subsection (e)(1) or a transfer of AH-64 Apache helicopters pursuant to the exception provided by subsection (e)(2) would not create unacceptable risk— ####

(1)to the strategic depth or regeneration capacities of the Army; and ####

(2)to the Army National Guard in its role as the combat reserve of the Army. ### DIVISION B MILITARY CONSTRUCTION AUTHORIZATIONS