§ 106. Federal Aviation Administration

Pub. L. 115–254, div. B, title V, § 511, Oct. 5, 2018, 132 Stat. 3356, provided that: “(a) Agency Report.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a detailed analysis of any actions taken to address the findings and recommendations included in the report required under section 812(d) of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 106 note), including—“(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices; “(2) eliminating or streamlining wasteful practices; “(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions; “(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and “(5) reforming or eliminating ineffectual or outdated policies. “(b) Additional Review.—Not later than 18 months after the date of enactment of this Act, the Administrator shall undertake and complete a thorough review of each program, office, and organization within the Administration to identify—“(1) duplicative positions, programs, roles, or offices; “(2) wasteful practices; “(3) redundant, obsolete, or unnecessary functions; “(4) inefficient processes; and “(5) ineffectual or outdated policies. “(c) Actions To Streamline and Reform FAA.—Not later than 60 days after the date of completion of the review under subsection (b), the Administrator shall undertake such actions as may be necessary to address the findings of the Administrator under such subsection. “(d) Report to Congress.—Not later than 120 days after the date of completion of the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the actions taken by the Administrator pursuant to subsection (c), including any recommendations for legislative or administrative actions.”

[For definitions of terms used in section 511 of Pub. L. 115–254, set out above, see sections 101 and 501 of Pub. L. 115–254, set out as notes under section 40101 of this title.]

Pub. L. 112–95, title VIII, § 812, Feb. 14, 2012, 126 Stat. 124, provided that: “(a) Agency Review.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall undertake a thorough review of each program, office, and organization within the Administration, including the Air Traffic Organization, to identify—“(1) duplicative positions, programs, roles, or offices; “(2) wasteful practices; “(3) redundant, obsolete, or unnecessary functions; “(4) inefficient processes; and “(5) ineffectual or outdated policies. “(b) Actions To Streamline and Reform FAA.—Not later than 120 days after the date of enactment of this Act, the Administrator shall undertake such actions as may be necessary to address the Administrator’s findings under subsection (a), including—“(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices; “(2) eliminating or streamlining wasteful practices; “(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions; “(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and “(5) reforming or eliminating ineffectual or outdated policies. “(c) Authority.—Notwithstanding any other provision of law, the Administrator shall have the authority to undertake the actions required under subsection (b). “(d) Report to Congress.—Not later than 150 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the actions taken by the Administrator under this section, including any recommendations for legislative or administrative actions.”

Orphan Aviation Earmarks

Pub. L. 112–95, title VIII, § 825, Feb. 14, 2012, 126 Stat. 131, provided that: “(a) Earmark Defined.—In this section, the term ‘earmark’ means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate, or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, or other expenditure with or to an entity or a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process. “(b) Rescission.—If any earmark relating to the Federal Aviation Administration has more than 90 percent of applicable appropriated amounts remaining available for obligation at the end of the 9th fiscal year beginning after the fiscal year in which those amounts were appropriated, the unobligated portion of those amounts is rescinded effective at the end of that 9th fiscal year, except that the Administrator of the Federal Aviation Administration may delay any such rescission if the Administrator determines that an obligation with respect to those amounts is likely to occur during the 12-month period beginning on the last day of that 9th fiscal year. “(c) Identification and Report.—“(1) Agency identification.—At the end of each fiscal year, the Administrator shall identify and report to the Director of the Office of Management and Budget every earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts. “(2) Annual report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Director shall submit to Congress and make available to the public on the Internet Web site of the Office a report that includes—“(A) a listing of each earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts, which shall include the amount of the original earmark, the amount of the unobligated balance related to that earmark, and the date on which the funding expires, if applicable; “(B) the number of rescissions under subsection (b) and the savings resulting from those rescissions for the previous fiscal year; and “(C) a listing of earmarks related to the Administration with amounts scheduled for rescission at the end of the current fiscal year.”

Federal Aviation Administration Science and Technology Scholarship Program

Pub. L. 108–176, title VII, § 702, Dec. 12, 2003, 117 Stat. 2576, provided that: “(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Federal Aviation Administration. “(2) Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b]. “(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Federal Aviation Administration, for the period described in subsection (f)(1), in positions needed by the Federal Aviation Administration and for which the individuals are qualified, in exchange for receiving a scholarship. “(b) In order to be eligible to participate in the Program, an individual must—“(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education, as a junior or senior undergraduate or graduate student, in an academic field or discipline described in the list made available under subsection (d); “(2) be a United States citizen or permanent resident; and “(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105 of title 5, United States Code). “(c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require. “(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary. “(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d). “(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver. “(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance. “(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation. “(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. “(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Federal Aviation Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided. “(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. “(B) The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. “(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation. “(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—“(A) the total amount of scholarships received by such individual under this section; plus “(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3. “(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. “(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. “(i) For purposes of this section—“(1) the term ‘cost of attendance’ has the meaning given that term in section 472 of the Higher Education Act of 1965 [20 U.S.C. 1087ll]; “(2) the term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and “(3) the term ‘Program’ means the Federal Aviation Administration Science and Technology Scholarship Program established under this section. “(j)(1) There is authorized to be appropriated to the Federal Aviation Administration for the Program $10,000,000 for each fiscal year. “(2) Amounts appropriated under this section shall remain available for 2 fiscal years. “(k) The Administrator may provide temporary internships to full-time students enrolled in an undergraduate or post-graduate program leading to an advanced degree in an aerospace-related or aviation safety-related field of endeavor.”

Internet Availability of Information

Pub. L. 106–181, title IX, § 903, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.”

Findings

Pub. L. 104–264, title II, § 221, Oct. 9, 1996, 110 Stat. 3227, provided that: “Congress finds the following: “(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry. “(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration’s services. “(3) The Administration must become a more efficient, effective, and different organization to meet future challenges. “(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration’s future budget needs. “(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected. “(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity. “(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met. “(8) Absent significant and meaningful reform, future challenges and needs cannot be met. “(9) The Administration must have a new way of doing business. “(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade. “(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment. “(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure. “(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation’s airports. “(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration. “(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration. “(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur. “(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety.”

Purposes

Pub. L. 104–264, title II, § 222, Oct. 9, 1996, 110 Stat. 3229, provided that: “The purposes of this title [see Effective Date of 1996 Amendment note set out above] are— “(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication; “(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration; “(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and “(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public.”

Preservation of Existing Authority

Pub. L. 104–264, title II, § 223(b), Oct. 9, 1996, 110 Stat. 3230, provided that: “Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].”

Personnel Management System for Federal Aviation Administration

Pub. L. 104–50, title III, § 347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, § 5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, § 307(d), Apr. 5, 2000, 114 Stat. 126.

Dependents of Federal Aviation Administration Personnel

Pub. L. 106–346, § 101(a) [title III, § 303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, as amended by Pub. L. 114–95, title IX, § 9215(x), Dec. 10, 2015, 129 Stat. 2172, provided that: “Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.], for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 106–69, title III, § 303, Oct. 9, 1999, 113 Stat. 1015.

Pub. L. 105–277, div. A, § 101(g) [title III, § 303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464.

Pub. L. 105–66, title III, § 303, Oct. 27, 1997, 111 Stat. 1441.

Pub. L. 104–205, title III, § 303, Sept. 30, 1996, 110 Stat. 2968.

Pub. L. 104–50, title III, § 303, Nov. 15, 1995, 109 Stat. 453.

Pub. L. 103–331, title III, § 303, Sept. 30, 1994, 108 Stat. 2488.

Pub. L. 103–122, title III, § 303, Oct. 27, 1993, 107 Stat. 1219.

Pub. L. 102–388, title III, § 303, Oct. 6, 1992, 106 Stat. 1543.

Pub. L. 102–143, title III, § 303, Oct. 28, 1991, 105 Stat. 939.

Pub. L. 101–516, title III, § 303, Nov. 5, 1990, 104 Stat. 2178.

Pub. L. 101–164, title III, § 303, Nov. 21, 1989, 103 Stat. 1091.

Pub. L. 100–457, title III, § 303, Sept. 30, 1988, 102 Stat. 2146.

Pub. L. 100–202, § 101(l) [title III, § 303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377.

Pub. L. 99–500, § 101(l) [H.R. 5205, title III, § 303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–190, § 101(e) [title III, § 303], Dec. 19, 1985, 99 Stat. 1267, 1284.

Pub. L. 98–473, title I, § 101(i) [title III, § 303], Oct. 12, 1984, 98 Stat. 1944, 1961.

Pub. L. 98–78, title III, § 303, Aug. 15, 1983, 97 Stat. 470.

Pub. L. 97–369, title III, § 306, Dec. 18, 1982, 96 Stat. 1781.

Pub. L. 97–102, title III, § 306, Dec. 23, 1981, 95 Stat. 1458.

Pub. L. 96–400, title III, § 306, Oct. 9, 1980, 94 Stat. 1695.

Pub. L. 96–131, title III, § 307, Nov. 30, 1979, 93 Stat. 1037.

Pub. L. 95–335, title III, § 310, Aug. 4, 1978, 92 Stat. 448.

Pub. L. 95–85, title III, § 310, Aug. 2, 1977, 91 Stat. 416.

Pub. L. 94–387, title III, § 312, Aug. 14, 1976, 90 Stat. 1185.

Pub. L. 94–134, title III, § 310, Nov. 24, 1975, 89 Stat. 711.

Pub. L. 93–391, title III, § 311, Aug. 28, 1974, 88 Stat. 780.

Pub. L. 93–98, title III, § 313, Aug. 16, 1973, 87 Stat. 340.

Pub. L. 92–398, title III, § 313, Aug. 22, 1972, 86 Stat. 591.

Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.

Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.

Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.

Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.

Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.

Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.

Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.

Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.

Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.

Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.

Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.

Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.

Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.

Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.

Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.

June 1, 1955, ch. 113, title I, 69 Stat. 74.

May 28, 1954, ch. 242, title I, 68 Stat. 146.

June 18, 1953, ch. 132, title I, 67 Stat. 69.

Aviation Safety Commission

Pub. L. 99–500, title V, §§ 501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§ 501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.

Appointment of Retired Military Officer as Administrator

Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided: “That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code. “Sec. 2. In the performance of his duties as Administrator of the Federal Aviation Administration, General Richards shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were not an officer on the retired list of the United States Air Force. “Sec. 3. Nothing in this Act shall be construed as approval by the Congress of any future appointments of military persons to the Office of Administrator of the Federal Aviation Administration.”

Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:

Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.

Pub. L. 101–47, June 30, 1989, 103 Stat. 134.

Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.

Pub. L. 89–46, June 22, 1965, 79 Stat. 171.

Executive Documents

Ex. Ord. No. 13180. Air Traffic Performance-Based Organization

Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:

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 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) [see Short Title of 2000 Amendments note set out under section 40101 of this title], 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) [now 40102(a)(47)] of title 49, United States Code.

Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Definitions for Title II of Pub. L. 104–264

Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat. 3227, provided that: “In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply: “(1) Administration.—The term ‘Administration’ means the Federal Aviation Administration. “(2) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration. “(3) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.”