Sec. 1046. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS
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## SEC. 1046 PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS ###
(a)Prohibition Except as provided in subsection (b), the Secretary of the Navy may not obligate or expend funds to— ####
(1)retire, prepare to retire, transfer, or place in storage any AVENGER-class mine countermeasures ship or associated equipment; ####
(2)retire, prepare to retire, transfer, or place in storage any SEA DRAGON (MH-53) helicopter or associated equipment; ####
(3)make any reductions to manning levels with respect to any AVENGER-class mine countermeasures ship; or ####
(4)make any reductions to manning levels with respect to any SEA DRAGON helicopter squadron or detachment. ###
(b)Waiver The Secretary of the Navy may waive the prohibition under subsection (a)— ####
(1)with respect to an AVENGER-class ship or a SEA DRAGON helicopter, if the Secretary, with the concurrence of the Director of Operational Test and Evaluation, certifies in writing to the congressional defense committees that the Secretary has— #####
(A)identified a replacement capability and the necessary quantity of such systems to meet all combatant commander mine countermeasures operational requirements that are currently being met by the ship or helicopter to be retired, transferred, or placed in storage; #####
(B)achieved initial operational capability of all systems described in subparagraph (A); and #####
(C)deployed a sufficient quantity of systems described in subparagraph
(A)that have achieved initial operational capability to continue to meet or exceed all combatant commander mine countermeasures operational requirements currently being met by the ship or helicopter to be retired, transferred, or placed in storage; or ####
(2)with respect to a SEA DRAGON helicopter, if the Secretary certifies to such committees that the Secretary has determined, on a case-by-case basis, that such a helicopter is non-operational because of a mishap or other damage or because it is uneconomical to repair.