123STA T . 2221 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.136 . R E P E ALOF RE QUI RE M E NT TO MAINTAIN CERTAIN RETIRE D C – 13 0 E AIRCRAFT. Section134 o f t h e Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 20 0 8(P u b lic L a w 110 – 181
122 Stat . 31 ) isa m en d ed — (1) b y stri k in g subsection (c); (2) by redesignating subsection (d) as subsection (c); and (3) in subsection (b) , by striking ‘ ‘subsection (d) ’ ’ and inserting ‘‘subsection (c)’’. SEC. 13 7 . LIMITATION ON RETIREMENT OF C– 5 AIRCRAFT. (a) L IM I TA TI ON .— T he Secretary of the Air Force may not p ro - ceed with a decision to retire C – 5 A aircraft from the acti v e inventory of the Air Force in any number that would reduce the total number of such aircraft in the active inventory below 111 until— (1) the Air Force has modified a C–5A aircraft to the configuration referred to as the R eliability E nhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of M ay 1, 2003; and (2) the Director of O perational Test and Evaluation of the Department of Defense— (A) conducts an operational evaluation of that aircraft, as so modified; and ( B ) provides to the Secretary of Defense and the congressional defense committees an operational assess- ment. (b) O PER ATIONA L E V AL U ATION.—An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues. (c) OPERATIONAL A S SESSMENT.—An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C–5A aircraft to the configura- tion referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C–5A aircraft relative to re q uirements and specifications for reli- ability, maintainability, and availability of that aircraft as in effect on May 1, 2003. (d) A D DITIONAL LIMITATIONS ON RETIREMENT O F AIR C RAFT.— The Secretary of the Air Force may not retire C–5 aircraft from the active inventory as of the date of the enactment of this Act until the later of the following
(1) The date that is 9 0 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B). (2) The date that is 90 days after the date on which the Secretary submits the report required under subsection (e). (3) The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that— (A) the retirement of such aircraft will not increase the operational risk of meeting the National Defense Strategy; and Certif i ca ti on.D ea dl ine s . A ssess m ent.
