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.
/s/ William J. Clinton
THE WHITE HOUSE,
December 7, 2000.