Transformation of the National Air Transportation 
                System

                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 development of 
requirements and capabilities to address tracking and

[[Page 70242]]

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.

[[Page 70243]]

                    (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, or entities, its officers, 
                employees, or agents, or any other person.
                
                
                    President, George Bush

                THE WHITE HOUSE,

                    November 18, 2008.