Executive Order 13264: Amendment to Executive Order 13180, Air Traffic Performance-Based Organization
President: George W. Bush
Removed language describing the FAA air-traffic function as inherently governmental and replaced EO 13180’s general review clause with a no-private-right provision, without changing the performance-based organization’s operational mission.
Status: In effect. Is Executive Order 13264 still in effect? Yes. Executive Order 13264 remains in effect. See Federal Register record.
What does Executive Order 13264 do?
The order assigned these duties: Transportation Department and FAA — Administer EO 13180 without the deleted characterization; FAA — Continue organizing and operating the performance-based air-traffic function.
Verified the two textual changes to EO 13180 and checked FAA’s first-year report, current ATO description and 2026 organization update. The legal amendment is distinguished from later changes to the operating organization; no express revocation was located.
Before and after
Before the order
EO 13180 created the air-traffic performance-based organization and included the deleted characterization and an earlier review clause.
After the order
FAA completed the organizational work and launched the Air Traffic Organization in February 2004. The ATO continues as the FAA’s operational arm, while statutes and later agency reorganizations govern its chief operating officer, advisory committee and current structure.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Transportation Department and FAA | Administer EO 13180 without the deleted characterization | Immediately |
| FAA | Continue organizing and operating the performance-based air-traffic function | Under EO 13180 and governing statutes |
| Air Traffic Organization | Deliver and measure air-navigation services through the performance-based structure | Ongoing |
What happened next
EO 13264 signed.
EO 13264 amended two provisions of EO 13180.
Legal and source detail
How it works legally
The order changed executive-branch organization and expressly disclaimed enforceable rights or administrative or judicial review based on the order itself. Aviation statutes, appropriations, safety requirements, labor law and otherwise reviewable FAA actions remained controlling. No order-specific merits judgment was located.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- FAA — current Air Traffic Organization (opens in a new tab) Official record
- FAA — January 2026 organizational update (opens in a new tab) Official record
How we checked this
Last checked against the sources above on October 2, 2026. How we research →