S.Amdt. 2320

SA 2320. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 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, insert the following:

SEC. __. NATIONAL SPECIAL ACTIVITY AIRSPACE PLANNING AND
INTEGRATION OFFICE.

(a) Establishment.--In order to provide a balanced approach
to National Defense requirements with the need to promote
Commerce, not later than 1 year after the date of enactment
of this Act, the Administrator, in coordination with the
Secretary, shall establish a National Special Activity
Airspace Planning and Integration Office concerning matters
of special activity airspace.
(b) Intent.--The Office shall carry out its mission--
(1) pursuant to the Report to Congress on the Joint Review
of Special Activity Airspace, 1989 (submitted pursuant to
section 104(b) of the Airport and Airway Safety and Capacity
Expansion Act of 1987 (Public Law 100-223), with the Office
serving in lieu of the facility;
(2) pursuant to the National Special Activity Airspace
Program of the FAA; and
(3) in light of the expanded information management of the
Federal Government.
(c) Mission.--The mission of the Office shall be the
following:
(1) To develop and maintain a joint Department and FAA
strategic plan that integrates and guides development of
special activity airspace into an evolving National Airspace
System and seeks compatible solutions to foreseeable airspace
requirements and priorities in support of the National
Defense Strategy and emerging Service and Department defined
requirements. Such strategic plan should recognize the
following:
(A) The Nation's airspace is a vital, but limited, resource
which is receiving unprecedented competition for use from all
segments of the aviation community.
(B) The Department has a legitimate and continuing need for
access to special activity airspace. New weapons systems and
tactics will generate dynamic and changing airspace needs.
(C) The emerging requirement to automate, monitor, and
record data regarding utilization of special activity
airspace, including real time tracking and strategy
development to support dynamic special activity airspace use
compatible with civil Performance Based Navigation.
(2) To make recommendations and facilitate strategic and
regional planning regarding the need for development,
modification, or revocation of special activity airspace,
including--
(A) special activity airspace to meet the Research,
Development, Test and Evaluation, and training requirements
to meet Department and Service requirements for peacetime,
contingency, and wartime operations;
(B) recommendation of special activity airspace locations
and Service validated parameters therein to support existing
Department installations; and
(C) review Aeronautical Studies conducted in conjunction
with special activities airspace determinations.
(3) To make recommendations that provide a balanced
approach to National Defense requirements with the need to
promote Commerce, including commercial, business, other
Federal, and general aviation, including the release of
airspace designated for military use to the FAA or to other
air navigation service providers, as appropriate, when the
airspace is not needed for military requirements.
(4) To make recommendations of special activity airspace
use with respect to costs and cost avoidance of military,
other Federal, and commercial aviation use.
(5) To support the efficient use of the national airspace
system for all stakeholders, including military and other
Federal flight operations supported by taxpayer funding.
(d) Director.--The Office shall be headed by a director,
who shall be appointed by the Administrator and shall report
to an FAA employee not lower than the Chief Operating Officer
Air Traffic Control.
(e) Deputy Director.--The Secretary shall appoint the
deputy director of the Office, who shall report to the
Executive Director of the Policy Board for Federal Aviation.
(f) Staff.--The Office shall be staffed by Federal
employees of the FAA, military and civilian personnel of the
Department, and other employees considered by the director
and deputy director of the Office.
(g) Liaison.--The Director shall appoint a member of the
staff of the Office to serve as a liaison with other Federal
and commercial users of the national airspace system
regarding the activities of the Office.
(h) Ombudsman.--The Director may appoint a member of the
staff of the Office to serve as ombudsman of the Office. The
ombudsman shall serve as a liaison with the public, including
community groups, on issues regarding the activities of the
Office.
(i) Limitation.--The provisions of this section, including
the establishment of the Office, shall not restrict or
otherwise affect--
(1) the regulatory authority or management authority of the
FAA over the National Airspace System, including airspace
delegated to the Department or other Federal agencies,
pursuant to titles 14 and 32, Code of Federal Regulations;
(2) the regulatory authority or management authority of the
Department or the Services to organize, train, and equip for
National Defense under title 10, United States Code; and
(3) the air traffic control authority of controlling
agencies or the scheduling authority of the using or
scheduling agencies.
(j) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) Department.--The term ``Department'' means the
Department of Defense and the Services as defined in title 10
of the Code of Federal regulations.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Service.--The term ``Service'' means the Military
Services.
(5) Office.--The term ``Office'' means the National Special
Activity Airspace Planning and Integration Office established
under this section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(7) Special activity airspace.--The term ``special activity
airspace'' means all special activity airspace, including
regulatory special use airspace, non-regulatory special use
airspace, and other non-regulatory airspace (including air
traffic control assigned areas of the National Airspace
System).
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