[Weekly Compilation of Presidential Documents Volume 44, Number 46 (Monday, November 24, 2008)]
[Pages 1432-1434]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13479--Transformation of the National Air Transportation 
System

November 18, 2008

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:

    Section 1. Policy It is the policy of the United States to establish 
and maintain a national air transportation system that meets the present 
and future civil aviation, homeland security, economic, environmental 
protection, and national defense needs of the United States, including 
through effective implementation of the Next Generation Air 
Transportation System (NextGen).

    Sec. 2. Definitions As used in this order the term ``Next Generation 
Air Transportation System'' means the system to which section 709 of the 
Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176) 
(Act) refers.

    Sec. 3. Functions of the Secretary of Transportation Consistent with 
sections 709 and 710 of the Act and the policy set forth in section 1 of 
this order, the Secretary of Transportation shall:

    (a) take such action within the authority of the Secretary, and 
recommend as appropriate to the President such action as is within the 
authority of the President, to implement the policy set forth in section 
1 of this order and in particular to implement the NextGen in a safe, 
secure, timely, environmentally sound, efficient, and effective manner;

    (b) convene quarterly, unless the Secretary determines that meeting 
less often is consistent with effective implementation of the policy set 
forth in section 1 of this order, the Senior Policy Committee 
established pursuant to section 710 of the Act (Committee);

    (c) not later than 60 days after the date of this order, establish 
within the Department of Transportation a support staff (Staff), 
including employees from departments and agencies assigned pursuant to 
subsection 4(e) of this order, to support, as directed by the Secretary, 
the Secretary and the Committee in the performance of their duties 
relating to the policy set forth in section 1 of this order; and

    (d) not later than 180 days after the date of this order, establish 
an advisory committee to provide advice to the Secretary and, through 
the Secretary, the Committee concerning the implementation of the policy 
set forth in section 1 of this order, including aviation-related 
subjects and any related performance measures specified by the 
Secretary, pursuant to section 710 of the Act.

    Sec. 4. Functions of Other Heads of Executive Departments and 
Agencies Consistent with the policy set forth in section 1 of this 
order:

    (a) the Secretary of Defense shall assist the Secretary of 
Transportation by:

    (i) collaborating, as appropriate, and verifying that the NextGen 
      meets the national defense needs of the United States consistent 
      with the policies and plans established under applicable 
      Presidential guidance; and

    (ii) furnishing, as appropriate, data streams to integrate national 
      defense capabilities of the United States civil and military 
      systems relating to the national air transportation system, and 
      coordinating the

[[Page 1433]]

      development of requirements and capabilities to address tracking 
      and other activities relating to non-cooperative aircraft in 
      consultation with the Secretary of Homeland Security, as 
      appropriate;

    (b) the Secretary of Commerce shall:

    (i) develop and make available, as appropriate, the capabilities of 
      the Department of Commerce, including those relating to aviation 
      weather and spectrum management, to support the NextGen; and

    (ii) take appropriate account of the needs of the NextGen in the 
      trade, commerce, and other activities of the Department of 
      Commerce, including those relating to the development and setting 
      of standards;

    (c) the Secretary of Homeland Security shall assist the Secretary of 
Transportation by ensuring that:

    (i) the NextGen includes the aviation-related security capabilities 
      necessary to ensure the security of persons, property, and 
      activities within the national air transportation system 
      consistent with the policies and plans established under 
      applicable Presidential guidance; and

    (ii) the Department of Homeland Security shall continue to carry out 
      all statutory and assigned responsibilities relating to aviation 
      security, border security, and critical infrastructure protection 
      in consultation with the Secretary of Defense, as appropriate;

    (d) the Administrator of the National Aeronautics and Space 
Administration shall carry out the Administrator's duties under 
Executive Order 13419 of December 20, 2006, in a manner consistent with 
that order and the policy set forth in section 1 of this order;

    (e) the heads of executive departments and agencies shall provide to 
the Secretary of Transportation such information and assistance, 
including personnel and other resources for the Staff to which 
subsection 3(c) of this order refers, as may be necessary and 
appropriate to implement this order as agreed to by the heads of the 
departments and agencies involved; and

    (f) the Director of the Office of Management and Budget may issue 
such instructions as may be necessary to implement subsection 5(b) of 
this order.

    Sec. 5. Additional Functions of the Senior Policy Committee In 
addition to performing the functions specified in section 710 of the 
Act, the Committee shall:

    (a) report not less often than every 2 years to the President, 
through the Secretary of Transportation, on progress made and projected 
to implement the policy set forth in section 1 of this order, together 
with such recommendations including performance measures for 
administrative or other action as the Committee determines appropriate;

    (b) review the proposals by the heads of executive departments and 
agencies to the Director of the Office of Management and Budget with 
respect to programs affecting the policy set forth in section 1 of this 
order, and make recommendations including performance measures thereon, 
through the Secretary of Transportation, to the Director; and

    (c) advise the Secretary of Transportation and, through the 
Secretary of Transportation, the Secretaries of Defense, Commerce, and 
Homeland Security, and the Administrator of the National Aeronautics and 
Space Administration, with respect to the activities of their 
departments and agencies in the implementation of the policy set forth 
in section 1 of this order.

    Sec. 6. General Provisions (a) Nothing in this order shall be 
construed to impair or otherwise affect:

    (i) authority granted by law to a department or agency, or the head 
      thereof; or

    (ii) functions of the Director of the Office of Management and 
      Budget relating to budget, administrative, or legislative 
      proposals.

    (b) This order shall be implemented consistent with applicable law 
and subject to the availability of appropriations.

    (c) This order is not intended to, and does not, create any right or 
benefit, substantive or procedural, enforceable at law or in equity, by 
any party against the United States, its departments, agencies, 
instrumentalities,

[[Page 1434]]

or entities, its officers, employees, or agents, or any other person.
                                                George W. Bush
 The White House,
 November 18, 2008.

 [Filed with the Office of the Federal Register, 8:45 a.m., November 19, 
2008]

Note: This Executive order was published in the Federal Register on 
November 20.