Air Traffic Performance-Based Organization

Executive Order 13180 of December 7, 2000

Air Traffic Performance-Based Organization

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 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
    (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.

    (Presidential Sig.)

THE WHITE HOUSE,

     December 7, 2000.