LIMITATION ON RETIREMENT OF KC–135E AERIAL REFUELING AIRCRAFT.

SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AERIAL REFUELING AIRCRAFT.(a) Limitation on Retirement of More Than 48 Aircraft.—The Secretary of the Air Force may not retire more than 48 KC–135E aerial refueling aircraft of the Air Force during fiscal year 2008, except as provided in subsection (b).(b) Contingent Authority to Retire 37 Additional Aircraft.—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, United States Code—122 STAT. 32(A) the protest has been resolved in favor of the Federal agency; or(B) the Secretary has authorized performance of the contract (notwithstanding the protest).