ExecutiveOrdersEO
EO 13264Executive OrderG.W. Bush · R

Executive Order 13264

Amendment to Executive Order 13180, Air Traffic Performance-Based Organization

This executive order makes two technical amendments to a prior order establishing the Air Traffic Organization as a performance-based organization within the FAA. It removes the phrase 'an inherently governmental function' from the description of air traffic services and adds standard language disclaiming any enforceable legal rights.

Federal Register Open PDF 67 FR 39243

Key directives

  • Delete ', an inherently governmental function,' from first sentence of EO 13180
  • Replace Section 6 of EO 13180 with standard non-reviewability disclaimer language

Timeline

Immediate

  • Amendment to EO 13180 takes effect upon signing

Near term (90d)

—

Long term

—

Risks & tensions

  • Removal of 'inherently governmental function' language may signal openness to future contracting or organizational restructuring, though text does not explicitly state this
  • Non-reviewability provision is boilerplate but reinforces limited recourse for affected parties
  • Minimal substantive change; largely technical and legal-clarifying in nature
Executive Order 13264: Amendment to Executive Order 13180, Air Traffic Performance-Based Organization · Executive Orders