===========================================================================
Executive Order: Transformation of the National Air Transportation System
===========================================================================

For Immediate Release Office of the Press Secretary November 18, 2008

Executive Order: Transformation of the National Air Transportation System

ÿÿWhite House News


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:

Section1. 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 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, or entities, its officers, employees, or agents, or any
other person.

GEORGE W. BUSH

THE WHITE HOUSE,

November 18, 2008.

# # #
===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2008/11/20081118.html