What it changes

1 change to S. 1197 · shown in the bill's text

Adds a section
  1. Adds SEC. 1082. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION PURPOSES at the end of subtitle H of title X

    Adds a section

    In S. 1197 · Placed on Calendar Senate

    (e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".

    Inserted: SEC. 1082. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION PURPOSES.

    Inserted: (a) Transfer of HC-130H Aircraft.--

    Inserted: (1) Transfer by department of homeland security.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, shall transfer, without reimbursement--

    Inserted: (A) 7 HC-130H aircraft to the Secretary of the Air Force; and

    Inserted: (B) initial spares and necessary ground support equipment for HC-130H aircraft to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management as large air tanker wildfire suppression aircraft.

    Inserted: (2) Air force actions.--Subject to the availability of funds provided by the Undersecretary of Defense, Comptroller, to the Secretary of the Air Force for HC-130H modifications, the Secretary of the Air Force shall--

    Inserted: (A) accept the HC-130H aircraft transferred by the Secretary of Homeland Security under paragraph (1);

    Inserted: (B) at the first available opportunity, promptly schedule and serially synchronize with the Secretary of Homeland Security and the Secretary of Agriculture the induction of HC-130H aircraft to minimize maintenance induction on-ramp wait time of HC-130H aircraft, while also affording the Secretary of Homeland Security reasonable access to operational aircraft prior to the aircraft's induction into maintenance functions described in subparagraph (C);

    Inserted: (C) perform center and outer wingbox replacement modifications, progressive fuselage structural inspections, and configuration modifications necessary to convert each HC-130H aircraft as large air tanker wildfire suppression aircraft; and

    Inserted: (D) after modifications described in subparagraph (C) are completed for each HC-130H aircraft, the Secretary of the Air Force shall transfer each aircraft without reimbursement to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management as large air tanker wildfire suppression aircraft.

    Inserted: (3) Reimbursement.--The Undersecretary of Defense, Comptroller, shall promptly reimburse the Secretary of the Air Force for all fiscal resources utilized by the Department of the Air Force to perform the HC-130H modifications described under paragraph (2).

    Inserted: (b) Transfer of C-23B+ Sherpa Aircraft.--The Secretary of the Army shall transfer, without reimbursement--

    Show 10 more inserted paragraphs

    Inserted: (1) up to 15 C-23B+ Sherpa aircraft in fiscal year 2014 to the Secretary of Agriculture, subject to the quantity of C-23B+ Sherpa aircraft that the Forest Service Director of Aviation and Fire Management determines are required to meet fire-fighting requirements; and

    Inserted: (2) initial spares and necessary ground support equipment for operation of C-23B+ Sherpa aircraft to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management.

    Inserted: (c) Conditions of Certain Transfers.--Aircraft transferred to the Secretary of Agriculture under this section--

    Inserted: (1) may be used only for wildfire suppression purposes;

    Inserted: (2) may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other purposes approved by the Secretary of Agriculture in writing in advance; and

    Inserted: (3) may not be sold by the Secretary of Agriculture after transfer.

    Inserted: (d) Costs After Transfer.--Any costs of operation, maintenance, sustainment, and disposal of excess aircraft, initial spares, and ground support equipment transferred to the Secretary of Agriculture under this section that are incurred after the date of transfer shall be borne by the Secretary of Agriculture.

    Inserted: (e) Transfer of C-27J Aircraft.--Immediately following the certification requirement under subsection (f), the Secretary of Defense shall transfer, without reimbursement--

    Inserted: (A) 14 C-27J aircraft to the Secretary of Homeland Security; and (B) initial spares and necessary ground support equipment for 14C-27J aircraft to the Secretary of Homeland Security for use by the Commandant of the Coast Guard as maritime patrol aircraft.

    Inserted: (f) Certification Requirement.--Notwithstanding any other provision of law, the Secretary of Defense shall not transfer any aircraft to either the Secretary of Agriculture or the Secretary of Homeland Security until the Secretary of Defense and the Director of the Office of Management and Budget certify to the congressional defense committees that adequate funding has been transferred to the Secretary of the Air Force for the purpose of modifying all 7 HC-130H aircraft identified in subsection (a) aircraft as large air tanker wildfire suppression aircraft.

    Original wording

    At the end of subtitle H of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2499. Mr. McCAIN (for himself, Mrs. Feinstein, Mr. Cochran, Ms. Cantwell, and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1082. TRANSFER OF AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION PURPOSES.

(a) Transfer of HC-130H Aircraft.--

(1) Transfer by department of homeland security.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, shall transfer, without reimbursement--

(A) 7 HC-130H aircraft to the Secretary of the Air Force; and

(B) initial spares and necessary ground support equipment for HC-130H aircraft to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management as large air tanker wildfire suppression aircraft.

(2) Air force actions.--Subject to the availability of funds provided by the Undersecretary of Defense, Comptroller, to the Secretary of the Air Force for HC-130H modifications, the Secretary of the Air Force shall--

(A) accept the HC-130H aircraft transferred by the Secretary of Homeland Security under paragraph (1);

(B) at the first available opportunity, promptly schedule and serially synchronize with the Secretary of Homeland Security and the Secretary of Agriculture the induction of HC-130H aircraft to minimize maintenance induction on-ramp wait time of HC-130H aircraft, while also affording the Secretary of Homeland Security reasonable access to operational aircraft prior to the aircraft's induction into maintenance functions described in subparagraph (C);

(C) perform center and outer wingbox replacement modifications, progressive fuselage structural inspections, and configuration modifications necessary to convert each HC-130H aircraft as large air tanker wildfire suppression aircraft; and

(D) after modifications described in subparagraph (C) are completed for each HC-130H aircraft, the Secretary of the Air Force shall transfer each aircraft without reimbursement to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management as large air tanker wildfire suppression aircraft.

(3) Reimbursement.--The Undersecretary of Defense, Comptroller, shall promptly reimburse the Secretary of the Air Force for all fiscal resources utilized by the Department of the Air Force to perform the HC-130H modifications described under paragraph (2).

(b) Transfer of C-23B+ Sherpa Aircraft.--The Secretary of the Army shall transfer, without reimbursement--

(1) up to 15 C-23B+ Sherpa aircraft in fiscal year 2014 to the Secretary of Agriculture, subject to the quantity of C-23B+ Sherpa aircraft that the Forest Service Director of Aviation and Fire Management determines are required to meet fire-fighting requirements; and

(2) initial spares and necessary ground support equipment for operation of C-23B+ Sherpa aircraft to the Secretary of Agriculture for use by the Forest Service Director of Aviation and Fire Management.

(c) Conditions of Certain Transfers.--Aircraft transferred to the Secretary of Agriculture under this section--

(1) may be used only for wildfire suppression purposes;

(2) may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other purposes approved by the Secretary of Agriculture in writing in advance; and

(3) may not be sold by the Secretary of Agriculture after transfer.

(d) Costs After Transfer.--Any costs of operation, maintenance, sustainment, and disposal of excess aircraft, initial spares, and ground support equipment transferred to the Secretary of Agriculture under this section that are incurred after the date of transfer shall be borne by the Secretary of Agriculture.

(e) Transfer of C-27J Aircraft.--Immediately following the certification requirement under subsection (f), the Secretary of Defense shall transfer, without reimbursement--

(A) 14 C-27J aircraft to the Secretary of Homeland Security; and (B) initial spares and necessary ground support equipment for 14C-27J aircraft to the Secretary of Homeland Security for use by the Commandant of the Coast Guard as maritime patrol aircraft.

(f) Certification Requirement.--Notwithstanding any other provision of law, the Secretary of Defense shall not transfer any aircraft to either the Secretary of Agriculture or the Secretary of Homeland Security until the Secretary of Defense and the Director of the Office of Management and Budget certify to the congressional defense committees that adequate funding has been transferred to the Secretary of the Air Force for the purpose of modifying all 7 HC-130H aircraft identified in subsection (a) aircraft as large air tanker wildfire suppression aircraft.

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Senate amendment submitted

November 21, 2013