12 2 STA T .3 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (A)bystrik i ng‘ ‘A f t e r fis cal year 20 0 7’ ’an d inserting ‘‘ Fo r eac h fiscal year after fiscal year 2007’’
and ( B ) by inserting after ‘‘ S ecretary of D efense’’ the fol - lo w ing
‘‘ , in that fiscal year,’’; and (2) in p aragraph (2) — (A) by inserting after ‘‘Depart m ent of Defense’’ the following: ‘‘in a fiscal year’’; and (B) by inserting after ‘‘ C ongress’’ the following: ‘‘in that fiscal year’’ .SEC.13 3. R E P E ALOF RE QUI RE M E NT TO MAINTAIN RETIRE D C – 13 0 E TACTICAL AIRCRAFT. (a) INGE NE RAL .— E ffecti v e as of the date specified in s u bsection (b), section 13 7(b) of the J ohn W arner N ational Defense Authori z a- tion Act for Fiscal Y ear 2007 ( P ublic L aw 10 9– 3 64
- 120 Stat. 2114)
is repealed. (b) S P E CIF IE D DA T E.— T he date specified in this subsection is the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Fleet M i x Analysis Study. SEC. 13 4 . LIMITATION ON RETIREMENT OF C–130E /H TACTICAL AIRLIFT AIRCRAFT. (a) GENERAL PR OH I B ITION.—The Secretary of the Air Force may not retire C–130E /H tactical airlift aircraft during fiscal year 200 8 , except as provided in subsection (b). (b) CONTIN G ENT A U THORIT Y TO R ETIRE CERTAIN C–130E AIR- CRAFT.—Effective as of the date specified in subsection (d), sub- section (a) shall not apply to C–130E tactical airlift aircraft, and the number of such aircraft retired by the Secretary of the Air Force during fiscal year 2008 may not exceed 24. (c) TREAT M ENT OF RETIRED AIRCRAFT.—The Secretary of the Air Force shall maintain each C–130E tactical airlift aircraft that is retired during fiscal year 2008 in a condition that would allow recall of that aircraft to future service. (d) SPECIFIED DATE.—The date specified in this subsection is the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Fleet Mix Analysis Study. SEC. 13 5 . LIMITATION ON RETIREMENT OF K C–135E AERIAL REFUELIN G AIRCRAFT. (a) LIMITATION ON RETIREMENT OF MORE THAN 48 AIRCRAFT.— The Secretary of the Air Force may not retire more than 48 K C– 13 5 E aerial refueling aircraft of the Air Force during fiscal year 2008, except as provided in subsection (b). (b) CONTINGENT AUTHORITY TO RETIRE 37 ADDITIONAL AIR- CRAFT.—Effective as of the date specified in subsection (c), the number of such aircraft retired by the Secretary of the Air Force during fiscal year 2008 may not exceed 85. (c) SPECIFIED DATE.—The date specified in this subsection is the date that is 15 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Secretary’s certification that— (1) the system design and development contract for the KC- X program has been awarded; and (2) if a protest is submitted pursuant to subchapter 5 of title 31, U nited States Code— Certif i ca ti on.E ffecti v e d ate. S t u d y . Effective date. Study. Effective date.
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