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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 2654 Aircraft safety: requirements for certain highly trafficked domestic airspace us united_states_code code_section 10 ARMED FORCES 157 TRANSPORTATION 2654 10 U.S.C. § 2654 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s2654 data/legal/raw/us/code/title-10/usc10.xml 1460eb6f6b624ee64d11c6c71ada4351398c97c19f96a5d9930f030de1452067 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 a6d7f97a0d826a3bfc00d5d42fa414002ba67dc8a1e5045d7ec22b3b0adff389 2026-07-04 official
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10 U.S.C. § 2654 - Aircraft safety: requirements for certain highly trafficked domestic airspace

Text

(a) Limitation on Operation.— Notwithstanding section 1046 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115232, 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.

(Added Pub. L. 11960, div. A, title III, § 373(a), Dec. 18, 2025, 139 Stat. 837.)