[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6434. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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. ___. DYNAMIC AIRSPACE PILOT PROGRAM.

       (a) 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 for the 
     purpose of developing, testing, and assessing dynamic 
     scheduling and management of special activity airspace in 
     order to accommodate emerging military training requirements, 
     including--
       (A) increased access to special activity airspace used by 
     the Department of Defense for infrequent, limited duration 
     testing and training events; and
       (B) streamlined processes for designating and activating 
     special activity airspace for activities described in 
     subparagraph (A).
       (2) Development, test, and assessment of dynamic 
     airspace.--Under the pilot program established under 
     paragraph (1), the Administrator and the Secretary shall 
     jointly establish not less than 2 use cases concerning 
     temporary or permanent special activity airspace established 
     by the Federal Aviation Administration for use by the 
     Department of Defense that develop, test, and assess--
       (A) streamlined processes to designate and activate such 
     airspace;
       (B) whether the streamlined processes supporting the 
     designation and activation of the temporary or permanent 
     special activity airspace available for infrequent, limited 
     duration testing and training events by the Department of 
     Defense are efficient, practical, and sufficient to 
     accommodate the testing and training requirements of the 
     Department of Defense; and
       (C) a streamlined process for the Department of Defense to 
     request the activation of special activity airspace for 
     infrequent, limited duration events pursuant to emerging 
     military training requirements.
       (b) Requirements.--The pilot program established by 
     subsection (a) shall not interfere with--
       (1) the public's right of transit consistent with national 
     security;
       (2) the use of airspace necessary to ensure the safety of 
     aircraft within the National Airspace System; and
       (3) the use of airspace necessary to ensure the efficient 
     use of the National Airspace System.
       (c) Report by the Administrator.--
       (1) In general.--Not less than 2 years after the date of 
     the establishment of the pilot program under subsection 
     (a)(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 (a)(1) affected policies on designating and 
     activating special activity airspace with an emphasis on the 
     impact to other nonparticipating users of the National 
     Airspace System.
       (B) An analysis of whether the streamlined processes for 
     designating or activating special activity airspace involved 
     in the pilot program established under subsection (a)(1) 
     contributed to--
       (i) the public's right of transit consistent with national 
     security;
       (ii) the use of airspace necessary to ensure the safety of 
     aircraft within the National Airspace System; and
       (iii) the use of airspace necessary to ensure the efficient 
     use of the National Airspace System.
       (d) Report by the Secretary of Defense.--Not less than 2 
     years after the date of the establishment of the pilot 
     program under subsection (a)(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 testing and training.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation, 
     the Committee on Armed Services, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Increased access.--The term ``increased access'' means 
     augmented activation of tailored special activity airspace 
     locations, shapes, altitudes, and scheduling tools, 
     facilitated by improvements to strategic and tactical 
     planning between the Federal Aviation Administration and the 
     Department of Defense that result in timely mission readiness 
     and execution, to include paths to accommodate plan changes 
     within parameters deemed reasonable by the Administrator and 
     Secretary.
       (3) Special activity airspace.--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.
       (4) Use cases.--The term ``use cases'' means a compendium 
     of airspace utilization data collected from the development, 
     testing, and assessment conducted under subsection (a)(1) 
     within a specific geographic region as determined by the 
     Administrator and Secretary.
       (f) Duration.--The pilot program under subsection (a)(1) 
     shall continue for not more than 3 years after the date on 
     which it is established.
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