MANNED ROTARY WING AIRCRAFT SAFETY.

SEC. 373. MANNED ROTARY WING AIRCRAFT SAFETY. (a) In General.—Chapter 157 of title 10, United States Code, as amended by section 372, is further amended by adding at the end the following new section: “SEC. 2654. [10 U.S.C. 2654] Aircraft safety: requirements for certain highly trafficked domestic airspace “(a) Limitation on Operation.—Notwithstanding 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. “(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 that Secretary— “(1) determines that— “(A) such waiver is in the national security interests of the United States; and “(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) 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). “(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) Definitions.— “(1) The term ‘appropriate congressional committees’ means— “(A) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and “(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate. “(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.” . (b) Reports on Near Misses.— (1) Initial report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of near misses that aircraft of the Department have had with commercial aircraft during the 10-year period preceding such date of enactment. (2) Annual report.—Not later than one year after the date of the enactment of this Act, and annually thereafter through 2030, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of near misses that aircraft of the Department have had with commercial aircraft during the previous fiscal year. (3) Elements.—Each report under this subsection shall include, with respect to each near miss covered under the report, the following: (A) The date, time, and location of the near miss. (B) A description of all aircraft involved in the near miss. (C) Any changes to protocols, standard operating procedures, or policy, as appropriate, that were made based on the near miss. (4) Form of report.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. (5) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means— (A) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.