[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Page S3345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1959. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike section 1009 and insert the following:

     SEC. 1009. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC 
                   TESTING CORRIDOR.

       (a) Designation.--
       (1) In general.--Notwithstanding section 91.817 of title 
     14, Code of Federal Regulations, not later than 180 days 
     after the date of enactment of this section, the 
     Administrator of the Federal Aviation Administration (in this 
     section referred to as the ``Administrator''), in 
     consultation with the Secretary of Defense, shall designate 
     an overland supersonic and hypersonic testing corridor in the 
     United States that runs from Edwards Air Force Base, 
     California to the Utah Test and Training Range and Dugway 
     Proving Ground in Utah for the purposes described in 
     subsection (b).
       (2) Requirements.--
       (A) Military operation areas.--In designating the corridor 
     under paragraph (1), the Administrator shall--
       (i) to the extent practicable, designate the corridor 
     within existing military operation areas (in this section 
     referred to as ``MOA'') in the area described in such 
     paragraph; or
       (ii) if necessary, designate new MOA airspace to complete 
     the corridor and ensure that the corridor is suitable for 
     testing.
       (B) Increased altitude.--The Administrator shall--
       (i) set the vertical limits in the corridor designated 
     under paragraph (1) at FL 1000; and
       (ii) increase, as necessary, the vertical limit of any 
     existing MOA in the corridor to FL 1000.
       (b) Purposes of Designated Corridor.--The corridor 
     designated under subsection (a)(1) shall be used for the 
     following purposes:
       (1) To test supersonic and hypersonic military passenger 
     aircraft and military non-passenger aircraft.
       (2) To test supersonic and hypersonic civil aircraft 
     subject to subsection (e).
       (c) Testing Requirements.--Any supersonic or hypersonic 
     aircraft testing in the corridor designated under subsection 
     (a)(1) shall meet the following requirements:
       (1) The testing shall only occur from sunrise to sunset.
       (2) The testing shall not include any commercial passengers 
     or commercial cargo.
       (d) Special Flight Authorization Requirements.--With 
     respect to special flight authorizations under section 
     91.818(c) of title 14, Code of Federal Regulations, for civil 
     aircraft testing as described in subsection (b)(2), the 
     Administrator shall do the following:
       (1) Permit sonic boom overpressure.--In considering the 
     environmental findings to grant a special flight 
     authorization, the Administrator shall permit a measurable 
     amount of sonic boom overpressure outside of the corridor 
     designated under subsection (a)(1), as long as the available 
     data is sufficient for the Administrator to determine that 
     the sonic boom overpressure does not significantly affect the 
     quality of the human environment.
       (2) Noise impact data.--
       (A) In general.--Subject to subparagraph (B), in 
     considering the environmental findings to grant a special 
     flight authorization, the Administrator shall not require any 
     additional environmental impact analysis regarding noise 
     impact if--
       (i) an applicant presents data generated from FAA-approved 
     software; and
       (ii) such data reasonably demonstrates that there is no 
     additional noise impact due to the applicant's testing of 
     supersonic or hypersonic civil aircraft.
       (B) Exception.--The Administrator may require an additional 
     environmental impact analysis regarding noise impact if the 
     Administrator certifies that extraordinary circumstances 
     exist to justify such additional analysis.
       (3) Reuse of research and findings.--The Administrator 
     shall reuse any applicable research and findings from a prior 
     supersonic or hypersonic civil aircraft test and incorporate 
     such research and findings into any applicable analysis 
     necessary to grant a special flight authorization if the 
     prior supersonic or hypersonic civil aircraft test--
       (A) was under similar conditions to the testing proposed by 
     the applicant for the special flight authorization; and
       (B) considered similar issues or decisions as the testing 
     proposed by the applicant for the special flight 
     authorization.
       (e) Civil Testing.--The Secretary of Defense shall allow 
     civil aircraft testing as described in subsection (b)(2), 
     unless--
       (1) such testing would interfere with any military 
     operations or testing in the corridor; or
       (2) the Administrator has not granted a special flight 
     authorization under section 91.818(c) of title 14, Code of 
     Federal Regulations, for such testing.
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