issue-2000-12-11•Federal Register executive orders — 2000-12-11
Federal Register executive orders — 2000-12-11
issue-2000-12-11Federal Register executive orders — 2000-12-11Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 00-31697 Air Traffic Performance-Based Organization
[Federal Register Volume 65, Number 238 (Monday, December 11, 2000)]
[Presidential Documents]
[Pages 77493-77494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31697]
[[Page 77491]]
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Part VII
The President
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Executive Order 13180--Air Traffic Performance-Based Organization
Presidential Documents
Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 77493]]
Executive Order 13180 of December 7, 2000
Air Traffic Performance-Based Organization
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, an inherently governmental
function, 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), 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:
[[Page 77494]]
(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) of title 49, United States Code.
Sec. 6. Judicial Review. This order does not create any
right or benefit, substantive or procedural,
enforceable at law by a party against the United
States, its agencies, its officers, or any person.
(Presidential Sig.)
THE WHITE HOUSE,
December 7, 2000.
[FR Doc. 00-31697
Filed 12-8-00; 11:15 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 00-31692 Providing Compensation to America's Nuclear Weapons Workers
[Federal Register Volume 65, Number 238 (Monday, December 11, 2000)]
[Presidential Documents]
[Pages 77487-77490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31692]
[[Page 77485]]
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Part VI
The President
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Executive Order 13179--Providing Compensation to America's Nuclear
Weapons Workers
Presidential Documents
Federal Register / Vol. 65, No. 238 / Monday, December 11, 2000 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 77487]]
Executive Order 13179 of December 7, 2000
Providing Compensation to America's Nuclear
Weapons Workers
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including Public Law 106-398, the Energy
Employees Occupational Illness Compensation Program Act
of 2000 (Public Law 106-398, the ``Act''), and to
allocate the responsibilities imposed by that
legislation and to provide for further legislative
efforts, it is hereby ordered as follows:
Section 1. Policy. Since World War II, hundreds of
thousands of men and women have served their Nation in
building its nuclear defense. In the course of their
work, they overcame previously unimagined scientific
and technical challenges. Thousands of these courageous
Americans, however, paid a high price for their
service, developing disabling or fatal illnesses as a
result of exposure to beryllium, ionizing radiation,
and other hazards unique to nuclear weapons production
and testing. Too often, these workers were neither
adequately protected from, nor informed of, the
occupational hazards to which they were exposed.
Existing workers' compensation programs have failed to
provide for the needs of these workers and their
families. Federal workers' compensation programs have
generally not included these workers. Further, because
of long latency periods, the uniqueness of the hazards
to which they were exposed, and inadequate exposure
data, many of these individuals have been unable to
obtain State workers' compensation benefits. This
problem has been exacerbated by the past policy of the
Department of Energy (DOE) and its predecessors of
encouraging and assisting DOE contractors in opposing
the claims of workers who sought those benefits. This
policy has recently been reversed.
While the Nation can never fully repay these workers or
their families, they deserve recognition and
compensation for their sacrifices. Since the
Administration's historic announcement in July of 1999
that it intended to compensate DOE nuclear weapons
workers who suffered occupational illnesses as a result
of exposure to the unique hazards in building the
Nation's nuclear defense, it has been the policy of
this Administration to support fair and timely
compensation for these workers and their survivors. The
Federal Government should provide necessary information
and otherwise help employees of the DOE or its
contractors determine if their illnesses are associated
with conditions of their nuclear weapons-related work;
it should provide workers and their survivors with all
pertinent and available information necessary for
evaluating and processing claims; and it should ensure
that this program minimizes the administrative burden
on workers and their survivors, and respects their
dignity and privacy. This order sets out agency
responsibilities to accomplish these goals, building on
the Administration's articulated principles and the
framework set forth in the Energy Employees
Occupational Illness Compensation Program Act of 2000.
The Departments of Labor, Health and Human Services,
and Energy shall be responsible for developing and
implementing actions under the Act to compensate these
workers and their families in a manner that is
compassionate, fair, and timely. Other Federal
agencies, as appropriate, shall assist in this effort.
[[Page 77488]]
Sec. 2. Designation of Responsibilities for
Administering the Energy Employees' Occupational
Illness Compensation Program (``Program'').
(a) Secretary of Labor. The Secretary of Labor
shall have primary responsibility for administering the
Program. Specifically, the Secretary shall:
(i) Administer and decide all questions arising under
the Act not assigned to other agencies by the Act or by
this order, including determining the eligibility of
individuals
with covered occupational illnesses and their survivors
and adjudicating claims for compensation and benefits;
(ii) No later than May 31, 2001, promulgate
regulations for the administration of the Program,
except for functions assigned to other agencies
pursuant to the Act or this order;
(iii) No later than July 31, 2001, ensure the
availability, in paper and electronic format, of forms
necessary for making claims under the Program; and
(iv) Develop informational materials, in coordination
with the Secretary of Energy and the Secretary of
Health and Human Services, to help potential claimants
understand the Program and the application process, and
provide these materials to individuals upon request and
to the Secretary of Energy and the Attorney General for
dissemination to potentially eligible individuals.
(b) Secretary of Health and Human Services. The
Secretary of Health and Human Services shall:
(i) No later than May 31, 2001, promulgate regulations
establishing:
(A) guidelines, pursuant to section 3623(c) of the
Act, to assess the likelihood that an individual with
cancer sustained the cancer in the performance of duty
at a Department of Energy facility or an atomic weapons
employer facility, as defined by the Act; and
(B) methods, pursuant to section 3623(d) of the Act,
for arriving at and providing reasonable estimates of
the radiation doses received by individuals applying
for assistance under this program for whom there are
inadequate records of radiation exposure;
(ii) In accordance with procedures developed by the
Secretary of Health and Human Services, consider and
issue determinations on petitions by classes of
employees to be treated as members of the Special
Exposure Cohort;
(iii) With the assistance of the Secretary of Energy,
apply the methods promulgated under subsection
(b)(i)(B) to estimate the radiation doses received by
individuals applying for assistance;
(iv) Upon request from the Secretary of Energy,
appoint members for a physician panel or panels to
consider individual workers' compensation claims as
part of the Worker Assistance Program under the process
established pursuant to subsection (c)(v); and
(v) Provide the Advisory Board established under
section 4 of this order with administrative services,
funds, facilities, staff, and other necessary support
services and perform the administrative functions of
the President under the Federal Advisory Committee Act,
as amended (5 U.S.C. App.), with respect to the
Advisory Board.
(c) Secretary of Energy. The Secretary of Energy
shall:
(i) Provide the Secretary of Health and Human Services
and the Advisory Board on Radiation and Worker Health
access, in accordance with law, to all relevant
information pertaining to worker exposures, including
access to restricted data, and any other technical
assistance needed to carry out their responsibilities
under subsection (b)(ii) and section 4(b),
respectively.
(ii) Upon request from the Secretary of Health and
Human Services or the Secretary of Labor, and as
permitted by law, require a DOE contractor,
subcontractor, or
[[Page 77489]]
designated beryllium vendor, pursuant to section
3631(c) of the Act, to provide information relevant to
a claim under this Program;
(iii) Identify and notify potentially eligible
individuals of the availability of compensation under
the Program;
(iv) Designate, pursuant to sections 3621(4)(B) and
3622 of the Act, atomic weapons employers and additions
to the list of designated beryllium vendors;
(v) Pursuant to Subtitle D of the Act, negotiate
agreements with the chief executive officer of each
State in which there is a DOE facility, and other
States as appropriate, to provide assistance to a DOE
contractor employee on filing a State workers'
compensation system claim, and establish a Worker
Assistance Program to help individuals whose illness is
related to employment in the DOE's nuclear weapons
complex, or the individual's survivor if the individual
is deceased, in applying for State workers'
compensation benefits. This assistance shall include:
(1) Submittal of reasonable claims to a physician
panel, appointed by the Secretary of Health and Human
Services and administered by the Secretary of Energy,
under procedures established by the Secretary of
Energy, for determination of whether the individual's
illness or death arose out of and in the course of
employment by the DOE or its contractors and exposure
to a toxic substance at a DOE facility; and
(2) For cases determined by the physician panel and
the Secretary of Energy under section 3661(d) and (e)
of the Act to have arisen out of and in the course of
employment by the DOE or its contractors and exposure
to a toxic substance at a DOE facility, provide
assistance to the individual in filing for workers'
compensation benefits. The Secretary shall not contest
these claims and, to the extent permitted by law, shall
direct a DOE contractor who employed the applicant not
to contest the claim;
(vi) Report on the Worker Assistance Program by making
publicly available on at least an annual basis claims-
related data, including the number of claims filed, the
number of illnesses found to be related to work at a
DOE
facility, job location and description, and number of
successful State workers' compensation claims awarded;
and
(vii) No later than January 15, 2001, publish in the
Federal Register a list of atomic weapons employer
facilities within the meaning of section 3621(5) of the
Act, Department of Energy employer facilities within
the meaning of section 3621(12) of the Act, and a list
of facilities owned and operated by a beryllium vendor,
within the meaning of section 3621(6) of the Act.
(d) Attorney General. The Attorney General shall:
(i) Develop procedures to notify, to the extent
possible, each claimant (or the survivor of that
claimant if deceased) whose claim for compensation
under section 5 of the Radiation Exposure Compensation
Act has been or is approved by the Department of
Justice, of the availability of supplemental
compensation and benefits under the Energy Employees
Occupational Illness Compensation Program;
(ii) Identify and notify eligible covered uranium
employees or their survivors of the availability of
supplemental compensation under the Program; and
(iii) Upon request by the Secretary of Labor, provide
information needed to adjudicate the claim of a covered
uranium employee under this Program.
Sec. 3. Establishment of Interagency Working Group.
(a) There is hereby established an Interagency
Working Group to be composed of representatives from
the Office of Management and Budget, the National
Economic Council, and the Departments of Labor, Energy,
Health and Human Services, and Justice.
[[Page 77490]]
(b) The Working Group shall:
(i) By January 1, 2001, develop a legislative proposal
to ensure the Program's fairness and efficiency,
including provisions to assure adequate administrative
resources and swift dispute resolution; and
(ii) Address any impediments to timely and coordinated
Program implementation.
Sec. 4. Establishment of Advisory Board on Radiation
and Worker Health.
(a) Pursuant to Public Law 106-398, there is hereby
established an Advisory Board on Radiation and Health
(Advisory Board). The Advisory Board shall consist of
no more than 20 members to be appointed by the
President. Members shall include affected workers and
their representatives, and representatives from
scientific and medical communities. The President shall
designate a Chair for the Board among its members.
(b) The Advisory Board shall:
(i) Advise the Secretary of Health and Human Services
on the development of guidelines under section 2(b)(i)
of this order;
(ii) Advise the Secretary of Health and Human Services
on the scientific validity and quality of dose
reconstruction efforts performed for this Program; and
(iii) Upon request by the Secretary of Health and
Human Services, advise the Secretary on whether there
is a class of employees at any Department of Energy
facility who were exposed to radiation but for whom it
is not feasible to estimate their radiation dose, and
on whether there is a reasonable likelihood that such
radiation dose may have endangered the health of
members of the class.
Sec. 5. Reporting Requirements. The Secretaries of
Labor, Health and Human Services, and Energy shall, as
part of their annual budget submissions, report to the
Office of Management and Budget (OMB) on their
activities under this Program, including total
expenditures related to benefits and program
administration. They shall also report to the OMB, no
later than March 1, 2001, on the manner in which they
will carry out their respective responsibilities under
the Act and this order. This report shall include,
among other things, a description of the administrative
structure established within their agencies to
implement the Act and this order. In addition, the
Secretary of Labor shall annually report on the total
number and types of claims for which compensation was
considered and other data pertinent to evaluating the
Federal Government's performance fulfilling the
requirements of the Act and this order.
Sec. 6. Administration and Judicial Review. (a) This
Executive Order shall be carried out subject to the
availability of appropriations, and to the extent
permitted by law.
(b) This Executive Order does not create any right
or benefit, substantive or procedural, enforceable at
law or equity by a party against the United States, its
agencies, its officers or employees, or any other
person.
(Presidential Sig.)
THE WHITE HOUSE,
December 7, 2000.
[FR Doc. 00-31692
Filed 12-8-00; 8:45 am]
Billing code 3195-01-P
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