S.Amdt. 6434
What it does: Adds SEC. ___. DYNAMIC AIRSPACE PILOT PROGRAM at the appropriate place in title XWhat it changes
1 change to S.Amdt. 5499
Adds SEC. ___. DYNAMIC AIRSPACE PILOT PROGRAM at the appropriate place in title X
Adds a sectionInserted: SEC. ___. DYNAMIC AIRSPACE PILOT PROGRAM.
Inserted: (a) Pilot Program.--
Inserted: (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--
Inserted: (A) increased access to special activity airspace used by the Department of Defense for infrequent, limited duration testing and training events; and
Inserted: (B) streamlined processes for designating and activating special activity airspace for activities described in subparagraph (A).
Inserted: (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--
Inserted: (A) streamlined processes to designate and activate such airspace;
Inserted: (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
Inserted: (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.
Inserted: (b) Requirements.--The pilot program established by subsection (a) shall not interfere with--
Inserted: (1) the public's right of transit consistent with national security;
Inserted: (2) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; and
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Inserted: (3) the use of airspace necessary to ensure the efficient use of the National Airspace System.
Inserted: (c) Report by the Administrator.--
Inserted: (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.
Inserted: (2) Elements.--The report submitted under paragraph (1) shall include the following:
Inserted: (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.
Inserted: (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--
Inserted: (i) the public's right of transit consistent with national security;
Inserted: (ii) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; and
Inserted: (iii) the use of airspace necessary to ensure the efficient use of the National Airspace System.
Inserted: (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.
Inserted: (e) Definitions.--In this section:
Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
Inserted: (A) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
Inserted: (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.
Inserted: (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.
Inserted: (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:
Inserted: (A) Restricted areas.
Inserted: (B) Military operations areas.
Inserted: (C) Air traffic control assigned airspace.
Inserted: (D) Warning areas.
Inserted: (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.
Inserted: (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.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place in title X, insert the following:
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As printed
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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Senate amendment submitted
September 29, 2022