10 U.S.C. § 2654 — Aircraft safety: requirements for certain highly trafficked domestic airspace

1. (a)Limitation on OperationNotwithstanding section 1046 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C. 40101 note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a covered airspace unless such aircraft, while being operated, is actively providing warning of the proximity of such aircraft to nearby commercial aircraft in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft.
2. (b)Waiver AuthorityThe Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if that Secretary—
   1. (1)determines that—
      1. (A)such waiver is in the national security interests of the United States; and
      2. (B)a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation; and
   2. (2)in the case of a waiver to be in effect for a period exceeding 30 days, submits to appropriate congressional committees notice of such waiver, including a copy of the applicable commercial aviation compatibility risk assessment specified in paragraph (1)(B).
3. (c)Limitation on DelegationThe Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer.
4. (d)Definitions
   1. (1)The term “appropriate congressional committees” means—
      1. (A)the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
      2. (B)the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
   2. (2)The term “covered airspace” means the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation.