[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Presidential Documents]
[Pages 62671-62673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28805]



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Part IV





The President





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Executive Order 13521--Establishing the Presidential Commission for the 
Study of Bioethical Issues
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                         Presidential Documents 
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  Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 62671]]

                Executive Order 13521 of November 24, 2009

                
Establishing the Presidential Commission for the 
                Study of Bioethical Issues

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Establishment. There is established within 
                the Department of Health and Human Services the 
                Presidential Commission for the Study of Bioethical 
                Issues (Commission).

                Sec. 2. Mission.

                (a) The Commission shall advise the President on 
                bioethical issues that may emerge as a consequence of 
                advances in biomedicine and related areas of science 
                and technology. The Commission shall pursue its work 
                with the goal of identifying and promoting policies and 
                practices that ensure scientific research, healthcare 
                delivery, and technological innovation are conducted in 
                an ethically responsible manner. To achieve this goal, 
                the Commission shall:

(i) identify and examine specific bioethical, legal, and social issues 
related to the potential impacts of advances in biomedical and behavioral 
research, healthcare delivery, or other areas of science and technology;

(ii) recommend any legal, regulatory, or policy actions it deems 
appropriate to address these issues; and

(iii) critically examine diverse perspectives and explore possibilities for 
useful international collaboration on these issues.

                (b) In support of its mission, the Commission may 
                examine issues linked to specific technologies, 
                including but not limited to the creation of stem cells 
                by novel means; intellectual property issues involving 
                genetic sequencing, biomarkers, and other screening 
                tests used for risk assessment; and the application of 
                neuro- and robotic sciences. It may also examine 
                broader issues not linked to specific technologies, 
                including but not limited to the protection of human 
                research participants; scientific integrity and 
                conflicts of interest in research; and the intersection 
                of science and human rights.

                (c) The Commission shall not be responsible for the 
                review and approval of specific projects.

                (d) The Commission may accept suggestions of issues for 
                consideration from executive departments and agencies 
                and the public as it deems appropriate in support of 
                its mission.

                (e) In establishing priorities for its activities, the 
                Commission shall consider, among other things, the 
                significance of particular issues; the need for legal, 
                regulatory, and policy guidance with respect to such 
                issues; the connection of the issues to the goal of 
                Federal advancement of science and technology; and the 
                availability of other appropriate entities or fora for 
                deliberating on the issues.

                (f) The Commission is authorized to conduct original 
                empirical and conceptual research, commission papers 
                and studies, hold hearings, and establish committees 
                and subcommittees, as necessary. The Commission is 
                authorized to develop reports or other materials.

                Sec. 3. Membership.

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                (a) The Commission shall be an expert panel composed of 
                not more than 13 members appointed by the President, 
                drawn from the fields of bioethics, science, medicine, 
                technology, engineering, law, philosophy, theology, or 
                other areas of the humanities or social sciences, at 
                least one and not more than three of whom may be 
                bioethicists or scientists drawn from the executive 
                branch, as designated by the President.

                (b) The President shall designate a Chair and Vice 
                Chair from among the members of the Commission. The 
                Chair shall convene and preside at meetings of the 
                Commission, determine its agenda, and direct its work. 
                The Vice Chair shall perform the duties of the Chair in 
                the absence or disability of the Chair and shall 
                perform such other functions as the Chair may from time 
                to time assign.

                (c) Members shall serve for a term of 2 years and shall 
                be eligible for reappointment. Members may continue to 
                serve after the expiration of their terms until the 
                appointment of a successor.

                Sec. 4. Administration.

                (a) The Department of Health and Human Services shall 
                provide funding and administrative support for the 
                Commission to the extent permitted by law and within 
                existing appropriations.

                (b) All executive departments and agencies and all 
                entities within the Executive Office of the President 
                shall provide information and assistance to the 
                Commission as the Chair may request for purposes of 
                carrying out the Commission's functions, to the extent 
                permitted by law.

                (c) The Commission shall have a staff headed by an 
                Executive Director, who shall be appointed by the 
                Secretary of Health and Human Services in consultation 
                with the Chair and Vice Chair.

                (d) Members of the Commission shall serve without 
                compensation, but shall be allowed travel expenses, 
                including per diem in lieu of subsistence, as 
                authorized by law for persons serving intermittently in 
                Government service (5 U.S.C. 5701-5707), consistent 
                with the availability of funds.

                Sec. 5. Termination. The Commission shall terminate 2 
                years after the date of this order unless extended by 
                the President.

                Sec. 6. General Provisions.

                (a) This order supersedes Executive Order 13237 of 
                November 28, 2001.

                (b) Insofar as the Federal Advisory Committee Act, as 
                amended (5 U.S.C. App.), may apply to the Commission, 
                any functions of the President under that Act, except 
                that of reporting to the Congress, shall be performed 
                by the Secretary of Health and Human Services in 
                accordance with the guidelines that have been issued by 
                the Administrator of General Services.

                (c) Nothing in this order shall be construed to impair 
                or otherwise affect:

(i) authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                (d) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

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                (e) This order is not intended to, and does not, create 
                any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 24, 2009.

[FR Doc. E9-28805
Filed 11-27-09; 11:15 am]
Billing code 3195-W0-P