Transformation of the National Air Transportation System

This executive order directs the Secretary of Transportation to lead implementation of the Next Generation Air Transportation System (NextGen), a modernized air traffic control system. It establishes interagency coordination requirements across Defense, Commerce, Homeland Security, and NASA, with specific deadlines for creating support staff and an advisory committee.

Federal Register Open PDF 73 FR 70241

Impact dates

Nov 18, 2010
Biennial progress reports to President (ongoing every 2 years)
May 17, 2009
Establish advisory committee for NextGen implementation advice
Feb 16, 2009
First quarterly Senior Policy Committee meeting
Jan 17, 2009
Establish DOT support staff (including interagency personnel)

Key directives

Secretary of Transportation to implement NextGen in safe, secure, timely, environmentally sound, efficient, and effective manner
Secretary of Transportation to convene quarterly Senior Policy Committee meetings unless less frequent meetings deemed sufficient
Establish DOT support staff within 60 days
Establish advisory committee within 180 days
Secretary of Defense to collaborate on NextGen defense needs and furnish data streams for civil-military integration
Secretary of Commerce to develop aviation weather and spectrum management capabilities for NextGen
Secretary of Homeland Security to ensure aviation security capabilities in NextGen
NASA Administrator to carry out duties consistent with EO 13419 and this order
Agency heads to provide information, personnel, and resources to DOT as agreed
Senior Policy Committee to report biennially to President on progress and recommendations
Senior Policy Committee to review agency budget proposals affecting NextGen and make recommendations to OMB

Who is ordered

Timeline

Immediate

EO establishes policy and assigns roles to cabinet secretaries

Near term (90d)

Support staff must be established within DOT by January 17, 2009
Quarterly Senior Policy Committee meetings to begin

Long term

Advisory committee must be established by May 17, 2009
Biennial progress reports to President required
NextGen implementation spans multiple years/decades

Risks & tensions

Interagency coordination depends on voluntary agreements for personnel/resources (Sec. 4(e)), creating potential resource conflicts
Quarterly meeting requirement has escape clause if Secretary deems less frequent meetings 'consistent with effective implementation'—vague standard
Implementation explicitly subject to 'availability of appropriations' (Sec. 6(b)), creating funding dependency
No enforcement mechanism for agency cooperation beyond OMB budget review role
NextGen was already authorized by statute (Vision 100 Act); this EO largely organizes implementation rather than creating new authority