Manned rotary wing aircraft safety

Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: 2653. Aircraft safety: requirements for highly trafficked domestic airspace (a) Limitation on operation Notwithstanding section 1046 of the John S. McCain 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 highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft. (b) Waiver authority The 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 the Secretary determines that— (1) such waiver is in the national security interests of the United States; and (2) 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. (c) Limitation on delegation The 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. (d) Definition of highly trafficked domestic airspace The term highly trafficked domestic airspace means— (1) 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; or (2) an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49..