II 

117TH CONGRESS 

2D SESSION S. 4372 

To require the Administrator of the Federal Aviation Administration to carry 

out a pilot program on developing and testing dynamic management 

of special activity airspace, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2022 

Mr. THUNE (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To require the Administrator of the Federal Aviation Administration to carry out a pilot program on developing 

and testing dynamic management of special activity airspace, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dynamic Airspace 

5 Pilot Program Act of 2022’’. 


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1 SEC. 2. DEVELOPMENT AND TESTING OF DYNAMIC SCHED2 ULING AND MANAGEMENT OF SPECIAL AC3 TIVITY AIRSPACE. 

4 (a) SENSE OF CONGRESS ON SPECIAL ACTIVITY AIR5 SPACE SCHEDULING AND MANAGEMENT.—It is the sense 

6 of Congress that— 

7 (1) where it does not conflict with safety, dy8 namic scheduling and management of special activity 

9 airspace (also referred to as ‘‘dynamic airspace’’) is 

10 expected to optimize the use of the national airspace 

11 system for all stakeholders; and 

12 (2) the Administrator of the Federal Aviation 

13 Administration and the Secretary of Defense should 

14 take such actions as may be necessary to support 

15 ongoing efforts to develop dynamic scheduling and 

16 management of special activity airspace, including— 

17 (A) the continuation of formal partner18 ships between the Federal Aviation Administra19 tion and the Department of Defense that focus 

20 on special activity airspace, future airspace 

21 needs, and joint solutions; and 

22 (B) maturing research within their feder23 ally funded research and development centers, 

24 Federal partner agencies, and the aviation com25 munity. 

26 (b) PILOT PROGRAM.— 


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1 (1) PILOT PROGRAM REQUIRED.—Not later 

2 than 90 days after the date of the enactment of this 

3 Act, the Administrator of the Federal Aviation Ad4 ministration, in coordination with the Secretary of 

5 Defense, shall establish a pilot program on devel6 oping and testing dynamic management of special 

7 activity airspace in order to accommodate emerging 

8 military training requirements through flexible 

9 scheduling, along with increasing access to special 

10 activity airspace used by the Department of Defense 

11 for test and training. 

12 (2) TESTING OF SPECIAL ACTIVITY AIRSPACE

13 SCHEDULING AND MANAGEMENT.—Under the pilot 

14 program established under paragraph (1), the Ad15 ministrator and the Secretary shall jointly test not 

16 fewer than three areas of episodic or permanent spe17 cial activity airspace designated by the Federal Avia18 tion Administration for use by the Department of 

19 Defense, of which— 

20 (A) at least one shall be over coastal 

21 waters of the United States; 

22 (B) at least two shall be over land of the 

23 United States; 

24 (C) access to airspace available for test 

25 and training is increased to accommodate dyVerDate Sep 11 2014 03:01 Jun 12, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4372.IS S4372

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1 namic scheduling of airspace to more efficiently 

2 and realistically provide test and training capa3 bilities to Department of Defense aircrews; and 

4 (D) any increase in access to airspace 

5 made available for test and training shall not 

6 conflict with the safe management of the na7 tional airspace system or the safety of all stake8 holders of the national airspace system. 

9 (c) REPORT BY THE ADMINISTRATOR.— 

10 (1) IN GENERAL.—Not less than two years 

11 after the date of the establishment of the pilot pro12 gram under subsection (b)(1), the Administrator 

13 shall submit to the appropriate committees of Con14 gress a report on the interim findings of the Admin15 istrator with respect to the pilot program. 

16 (2) ELEMENTS.—The report submitted under 

17 paragraph (1) shall include the following: 

18 (A) An analysis of how the pilot program 

19 established under subsection (b)(1) affected ac20 cess to special activity airspace by nonmilitary 

21 users of the national airspace system. 

22 (B) An analysis of whether the dynamic 

23 management of special activity airspace con24 ducted for the pilot program established under 

25 subsection (b)(1) contributed to more efficient 


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1 use of the national airspace system by all stake2 holders. 

3 (d) REPORT BY THE SECRETARY.—Not less than two 

4 years after the date of the establishment of the pilot pro5 gram under subsection (b)(1), the Secretary shall submit 

6 to the appropriate committees of Congress a report on the 

7 interim findings of the Secretary with respect to the pilot 

8 program. Such report shall include an analysis of how the 

9 pilot program affected military test and training. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Commerce, Science, 

14 and Transportation, the Committee on Armed 

15 Services, and the Committee on Appropriations 

16 of the Senate; and 

17 (B) the Committee on Transportation and 

18 Infrastructure, the Committee on Science, 

19 Space, and Technology, the Committee on 

20 Armed Services, and the Committee on Appro21 priations of the House of Representatives. 

22 (2) The term ‘‘special activity airspace’’ means 

23 the following airspace with defined dimensions with24 in the National Airspace System wherein limitations 

25 may be imposed upon aircraft operations: 


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1 (A) Restricted areas. 

2 (B) Military operations areas. 

3 (C) Air Traffic Control assigned airspace. 

4 (D) Warning areas. 

Æ 


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