II 117th CONGRESS 2d Session S. 4372 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. Short title This Act may be cited as the Dynamic Airspace Pilot Program Act of 2022 . 2. Development and testing of dynamic scheduling and management of special activity airspace (a) Sense of Congress on special activity airspace scheduling and management It is the sense of Congress that— (1) where it does not conflict with safety, dynamic scheduling and management of special activity airspace (also referred to as dynamic airspace ) is expected to optimize the use of the national airspace system for all stakeholders; and (2) the Administrator of the Federal Aviation Administration and the Secretary of Defense should take such actions as may be necessary to support ongoing efforts to develop dynamic scheduling and management of special activity airspace, including— (A) the continuation of formal partnerships between the Federal Aviation Administration and the Department of Defense that focus on special activity airspace, future airspace needs, and joint solutions; and (B) maturing research within their federally funded research and development centers, Federal partner agencies, and the aviation community. (b) 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 on developing and testing dynamic management of special activity airspace in order to accommodate emerging military training requirements through flexible scheduling, along with increasing access to special activity airspace used by the Department of Defense for test and training. (2) Testing of special activity airspace scheduling and management Under the pilot program established under paragraph (1), the Administrator and the Secretary shall jointly test not fewer than three areas of episodic or permanent special activity airspace designated by the Federal Aviation Administration for use by the Department of Defense, of which— (A) at least one shall be over coastal waters of the United States; (B) at least two shall be over land of the United States; (C) access to airspace available for test and training is increased to accommodate dynamic scheduling of airspace to more efficiently and realistically provide test and training capabilities to Department of Defense aircrews; and (D) any increase in access to airspace made available for test and training shall not conflict with the safe management of the national airspace system or the safety of all stakeholders of the national airspace system. (c) Report by the Administrator (1) In general Not less than two years after the date of the establishment of the pilot program under subsection (b)(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 (b)(1) affected access to special activity airspace by nonmilitary users of the national airspace system. (B) An analysis of whether the dynamic management of special activity airspace conducted for the pilot program established under subsection (b)(1) contributed to more efficient use of the national airspace system by all stakeholders. (d) Report by the secretary Not less than two years after the date of the establishment of the pilot program under subsection (b)(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 test and training. (e) Definitions In this section: (1) 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) 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.