[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Page S8361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4753. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 4350, to authorize appropriations for fiscal year 
2022 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. DEVELOPMENT AND TESTING OF DYNAMIC SCHEDULING AND 
                   MANAGEMENT OF SPECIAL ACTIVITY AIRSPACE.

       (a) Sense of Congress on Special Activity Airspace 
     Scheduling and Management.--It is the sense of Congress 
     that--
       (1) where it does not conflict with safety, dynamic 
     scheduling and management of special activity airspace (also 
     referred to as ``dynamic airspace'') is expected to optimize 
     the use of the national airspace system for all stakeholders; 
     and
       (2) the Administrator of the Federal Aviation 
     Administration and the Secretary of Defense should take such 
     actions as may be necessary to support ongoing efforts to 
     develop dynamic scheduling and management of special activity 
     airspace, including--
       (A) the continuation of formal partnerships between the 
     Federal Aviation Administration and the Department of Defense 
     that focus on special activity airspace, future airspace 
     needs, and joint solutions; and
       (B) maturing research within their federally funded 
     research and development centers, Federal partner agencies, 
     and the aviation community.
       (b) Pilot Program.--
       (1) Pilot program required.--Not later than 90 days after 
     the date of the enactment of this Act, the Administrator of 
     the Federal Aviation Administration, in coordination with the 
     Secretary of Defense, shall establish a pilot program on 
     developing and testing dynamic management of special activity 
     airspace in order to accommodate emerging military training 
     requirements through flexible scheduling, along with 
     increasing access to special activity airspace used by the 
     Department of Defense for test and training.
       (2) Testing of special activity airspace scheduling and 
     management.--Under the pilot program established under 
     paragraph (1), the Administrator and the Secretary shall 
     jointly test not fewer than three areas of episodic or 
     permanent special activity airspace designated by the Federal 
     Aviation Administration for use by the Department of Defense, 
     of which--
       (A) at least one shall be over coastal waters of the United 
     States;
       (B) at least two shall be over land of the United States;
       (C) access to airspace available for test and training is 
     increased to accommodate dynamic scheduling of airspace to 
     more efficiently and realistically provide test and training 
     capabilities to Department of Defense aircrews; and
       (D) any increase in access to airspace made available for 
     test and training shall not conflict with the safe management 
     of the national airspace system or the safety of all 
     stakeholders of the national airspace system.
       (c) Report by the Administrator.--
       (1) In general.--Not less than two years after the date of 
     the establishment of the pilot program under subsection 
     (b)(1), the Administrator shall submit to the appropriate 
     committees of Congress a report on the interim findings of 
     the Administrator with respect to the pilot program.
       (2) Elements.--The report submitted under paragraph (1) 
     shall include the following:
       (A) An analysis of how the pilot program established under 
     subsection (b)(1) affected access to special activity 
     airspace by nonmilitary users of the national airspace 
     system.
       (B) An analysis of whether the dynamic management of 
     special activity airspace conducted for the pilot program 
     established under subsection (b)(1) contributed to more 
     efficient use of the national airspace system by all 
     stakeholders.
       (d) Report by the Secretary.--Not less than two years after 
     the date of the establishment of the pilot program under 
     subsection (b)(1), the Secretary shall submit to the 
     appropriate committees of Congress a report on the interim 
     findings of the Secretary with respect to the pilot program. 
     Such report shall include an analysis of how the pilot 
     program affected military test and training.
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Armed Services of the Senate; and
       (B) the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Armed Services of the House of Representatives.
       (2) The term ``special activity airspace'' means the 
     following airspace with defined dimensions within the 
     National Airspace System wherein limitations may be imposed 
     upon aircraft operations:
       (A) Restricted areas.
       (B) Military operations areas.
       (C) Air Traffic Control assigned airspace.
       (D) Warning areas.
                                 ______