12 2 STA T .3 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (A)thepro te s th a s b ee n reso lv e di n f avor of the F ederal a g en cy; or ( B ) the S ecretary has a u thori z ed perfor m ance of the contract (not w ithstanding the protest) .SEC.136 . TRAN S F ERT OG O V ERN M ENT OF I RA Q OFT H REE C – 13 0 E TACTICA L AIRLIFT AIRCRAFT. T he Secretary of the Air Force may transfer not more than 3C–1 3 0E tactical airlift aircraft , allowed to be retired under the J ohn W arner N ational D efense Authorization Act for Fiscal Y ear 2 00 7 ( P ublic L aw 10 9 –3 64 ), to the G overnment of I ra q . SEC. 13 7 .MO D IFICATION OF LIMITATIONS ON RETIREMENT OF B – 52 BOMBER AIRCRAFT. (a) MAINTE NAN C E OF P R I M AR Y , BAC KUP , AN D ATTRITION R E S ER V E INVENTORY OF AIRCRAFT. — Subsection (a) of section 131 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2111) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by stri k ing ‘ ‘and ’ ’ at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following
‘‘(C) shall maintain in a common capability configura - tion a primary aircraft inventory of not less than 63 such aircraft, a backup aircraft inventory of not less than 11 such aircraft, and an attrition reserve aircraft inventory of not less than 2 such aircraft; and ‘‘(D) shall not keep any such aircraft referred to in subparagraph (C) in a status considered e x cess to the requirements of the possessing command and awaiting dis- position instructions.’’; and (2) by adding at the end the following: ‘‘(3) DEFINITIONS.—For purposes of paragraph (1): ‘‘(A) The term ‘primary aircraft inventory’ means air- craft assigned to meet the primary aircraft authorization to— ‘‘(i) a unit for the performance of its wartime mis- sion; ‘‘(ii) a training unit primarily for technical and specialized training for crew personnel or leading to aircrew qualification; ‘‘(iii) a test unit for testing of the aircraft or its components for purposes of research, development, test and evaluation, operational test and evaluation, or to support testing programs; or ‘‘(iv) meet requirements for special missions not elsewhere classified. ‘‘(B) The term ‘backup aircraft inventory’ means air- craft above the primary aircraft inventory to permit sched- uled and unscheduled depot level maintenance, modifica- tions, inspections, and repairs, and certain other mitigating circumstances without reduction of aircraft available for the assigned mission. ‘‘(C) The term ‘attrition reserve aircraft inventory’ means aircraft required to replace anticipated losses of primary aircraft inventory due to peacetime accidents or wartime attrition.
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