[Weekly Compilation of Presidential Documents Volume 36, Number 49 (Monday, December 11, 2000)]
[Pages 3021-3023]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13180--Air Traffic Performance-Based Organization

December 7, 2000

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to further 
improve the provision of air traffic services, an inherently 
governmental function, in ways that increase efficiency, take

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better advantage of new technologies, accelerate modernization efforts, 
and respond more effectively to the needs of the traveling public, while 
enhancing the safety, security, and efficiency of the Nation's air 
transportation system, it is hereby ordered as follows:
    Section 1. Establishment of the Air Traffic Organization. (a) The 
Secretary of Transportation (Secretary) shall, consistent with his legal 
authorities, move to establish within the Federal Aviation 
Administration (FAA) a performance-based organization to be known as the 
``Air Traffic Organization'' (ATO).
    (b) The ATO shall be composed of those elements of the FAA's Air 
Traffic Services and Research and Acquisition organizations that have 
direct connection and give support to the provision of day-to-day 
operational air traffic services, as determined by the Administrator of 
the Federal Aviation Administration (Administrator). The Administrator 
may delegate responsibility for any operational activity of the air 
traffic control system to the head of the ATO. The Administrator's 
responsibility for general safety, security, and policymaking functions 
for the National Airspace System is unaffected by this order.
    (c) The Chief Operating Officer (COO) of the Air Traffic Control 
System, established by the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century (Air-21) (Public Law 106-181), shall 
head the ATO and shall report directly to the Administrator and be 
subject to the authority of the Administrator. The COO, in consultation 
with the Air Traffic Control Subcommittee of the Aviation Management 
Advisory Committee, shall enter into an annual performance agreement 
with the Administrator that sets forth measurable organization and 
individual goals in key operational areas and describes specific targets 
and how such goals will be achieved. The COO may receive an annual bonus 
not to exceed 30 percent of the annual rate of basic pay, based upon the 
Administrator's evaluation of the COO's performance in relation to the 
targets and goals described above.
    (d) The COO shall develop a 5-year strategic plan for the air 
traffic control system, including a clear statement of the mission and 
objectives for the system's safety, efficiency, and productivity. This 
strategic plan must ensure that ATO actions are consistent with long-
term FAA strategies for the aviation system as a whole.
    (e) The COO shall also enter into a framework agreement with the 
Administrator that will establish the relationship of the ATO with the 
other organizations of the FAA.
    Sec. 2. Purpose. The FAA's primary mission is to ensure the safety, 
security, and efficiency of the National Airspace System. The purpose of 
this order is to enhance that mission and further improve the delivery 
of air traffic services to the American public by reorganizing the FAA's 
air traffic services and related offices into a performance-based, 
results-oriented, organization. The ATO will be better able to make use 
of the unique procurement and personnel authorities that the FAA 
currently has and to better use the additional management reforms 
enacted by the Congress this year under Air-21. Specifically, the ATO 
shall:
    (a) optimize use of existing management flexibilities and 
authorities to improve the efficiency of air traffic services and 
increase the capacity of the system;
    (b) develop methods to accelerate air traffic control modernization 
and to improve aviation safety related to air traffic control;
    (c) develop agreements with the Administrator of the FAA and users 
of the products, services, and capabilities it will provide;
    (d) operate in accordance with safety performance standards 
developed by the FAA and rapidly respond to FAA safety and security 
oversight findings;
    (e) consult with its customers, the traveling public, including 
direct users such as airlines, cargo carriers, manufacturers, airports, 
general aviation, and commercial space transportation providers, and 
focus on producing results that satisfy the FAA's external customer 
needs;
    (f) consult with appropriate Federal, State, and local public 
agencies, including the Department of Defense and the National 
Aeronautics and Space Administration, to determine the best practices 
for meeting the diverse needs throughout the National Airspace System;
    (g) establish strong incentives to managers for achieving results; 
and

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    (h) formulate and recommend to the Administrator any management, 
fiscal, or legislative changes necessary for the organization to achieve 
its performance goals.
    Sec. 3. Aviation Management Advisory Committee. The Air Traffic 
Control Subcommittee of the Aviation Management Advisory Committee shall 
provide, consistent with its responsibilities under Air-21, general 
oversight to ATO regarding the administration, management, conduct, 
direction, and supervision of the air traffic control system.
    Sec. 4. Evaluation and Report. Not later than 5 years after the date 
of this order, the Aviation Management Advisory Committee shall provide 
to the Secretary and the Administrator a report on the operation and 
effectiveness of the ATO, together with any recommendations for 
management, fiscal, or legislative changes to enable the organization to 
achieve its goals.
    Sec. 5. Definitions. The term ``air traffic control system'' has the 
same meaning as the term defined by section 40102(a)(42) of title 49, 
United States Code.
    Sec. 6. Judicial Review. This order does not create any right or 
benefit, substantive or procedural, enforceable at law by a party 
against the United States, its agencies, its officers, or any person.
                                            William J. Clinton
 The White House,
 December 7, 2000.

 [Filed with the Office of the Federal Register, 11:15 p.m., December 8, 
2000]

Note: This Executive order was published in the Federal Register on 
December 11.