[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4372 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dynamic Airspace Pilot Program Act 
of 2022''.

SEC. 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.
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