[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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