LIMITATION ON RETIREMENT OF C–5 AIRCRAFT.

SEC. 137. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT.(a) Limitation.—The Secretary of the Air Force may not proceed with a decision to retire C–5A aircraft from the active 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 Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C–5 System Development and Demonstration program as of May 1, 2003; and(2) the Director of Operational 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 assessment.(b) Operational Evaluation.—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 Assessment.—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 configuration 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 requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003.(d) Additional Limitations on Retirement of Aircraft.—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 90 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; and123 STAT. 2222(B) the retirement of such aircraft will not reduce the total strategic airlift force structure below 316 strategic airlift aircraft.(e) Report on Retirement of Aircraft.—The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:(1) The rationale for the retirement of existing C–5 aircraft and a cost-benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.(2) An updated assessment to the assessment of the Under Secretary for Acquisition, Technology, and Logistics certified on February 14, 2008, concerning the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C–5A aircraft fleet.(3) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C–5A aircraft and C–5M aircraft.(4) An assessment of the costs and benefits of increasing the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.(5) An assessment of the costs, benefits, and implications of transferring C–5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.(6) Such other matters relating to the retirement of C–5 aircraft as the Secretary considers appropriate.