[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Presidential Documents]
[Pages 21973-21975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9796]

                        Presidential Documents 

Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / 
Presidential Documents


Title 3--
The President

[[Page 21973]]

                Executive Order 13539 of April 21, 2010

President's Council of Advisors on Science and 

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to establish an advisory council 
                on science, technology, and innovation, it is hereby 
                ordered as follows:

                Section 1. Establishment. The President's Council of 
                Advisors on Science and Technology (PCAST) is hereby 
                established. The PCAST shall be composed of not more 
                than 21 members, one of whom shall be the Assistant to 
                the President for Science and Technology (the ``Science 
                Advisor''), and 20 of whom shall include distinguished 
                individuals and representatives from sectors outside of 
                the Federal Government appointed by the President. 
                These nonfederal members shall have diverse 
                perspectives and expertise in science, technology, and 
                innovation. The Science Advisor shall serve as a Co-
                Chair of the PCAST. The President shall also designate 
                at least one, but not more than two, of the nonfederal 
                members to serve as a Co-Chair of the PCAST with the 
                Science Advisor.

                Sec. 2. Functions. (a) The PCAST shall advise the 
                President, directly at its meetings with the President 
                and also through the Science Advisor, on matters 
                involving science, technology, and innovation policy. 
                This advice shall include, but not be limited to, 
                policy that affects science, technology, and 
                innovation, as well as scientific and technical 
                information that is needed to inform public policy 
                relating to the economy, energy, environment, public 
                health, national and homeland security, and other 
                topics. The PCAST shall meet regularly and shall:

(i) respond to requests from the President or the Science Advisor for 
information, analysis, evaluation, or advice;

(ii) solicit information and ideas from the broad range of stakeholders, 
including but not limited to the research community, the private sector, 
universities, national laboratories, State and local governments, 
foundations, and nonprofit organizations;

(iii) serve as the advisory committee identified in subsections 101(b) and 
103(b) of the High Performance Computing Act of 1991 (Public Law 102-194), 
as amended (15 U.S.C. 5511(b) and 5513(b)). In performing the functions of 
such advisory committee, the PCAST shall be known as the President's 
Innovation and Technology Advisory Committee; and

(iv) serve as the advisory panel identified in section 4 of the 21st 
Century Nanotechnology Research and Development Act (15 U.S.C. 7503) (21st 
Century Act). In performing the functions of such advisory committee, the 
PCAST shall be known as the National Nanotechnology Advisory Panel. Nothing 
in this order shall be construed to require the National Nanotechnology 
Advisory Panel to comply with any requirement from which it is exempted by 
section 4(f) of the 21st Century Act.

                    (b) The PCAST shall provide advice from the 
                nonfederal sector to the National Science and 
                Technology Council (NSTC) in response to requests from 
                the NSTC.

                Sec. 3. Administration. (a) The heads of executive 
                departments and agencies shall, to the extent permitted 
                by law, provide the PCAST with information concerning 
                scientific and technological matters when requested by 
                the PCAST Co-Chairs and as required for the purpose of 
                carrying out the PCAST's functions.

[[Page 21974]]

                    (b) In consultation with the Science Advisor, the 
                PCAST is authorized to create standing subcommittees 
                and ad hoc groups, including, but not limited to, 
                technical advisory groups to assist the PCAST and 
                provide preliminary information directly to the PCAST.
                    (c) So that the PCAST may provide advice and 
                analysis regarding classified matters, the Science 
                Advisor may request that members of the PCAST, its 
                standing subcommittees, or ad hoc groups who do not 
                hold a current clearance for access to classified 
                information, receive security clearance and access 
                determinations pursuant to Executive Order 12968 of 
                August 2, 1995, as amended, or any successor order.
                    (d) The Office of Science and Technology Policy 
                (OSTP) shall provide such funding and administrative 
                and technical support as the PCAST may require.
                    (e) Members of the PCAST shall serve without any 
                compensation for their work on the PCAST, but may 
                receive travel expenses, including per diem in lieu of 
                subsistence, as authorized by law for persons serving 
                intermittently in the government service (5 U.S.C. 

                Sec. 4. Termination. The PCAST shall terminate 2 years 
                from the date of this order unless extended by the 

                Sec. 5. General Provisions. (a) Insofar as the Federal 
                Advisory Committee Act, as amended (5 U.S.C. App.) 
                (FACA) may apply to the PCAST, any functions of the 
                President under the FACA, except that of reporting to 
                the Congress, shall be performed by the Director of the 
                OSTP in accordance with the guidelines and procedures 
                established by the Administrator of General Services.

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

(i) authority granted by law to a department or 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.

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

[[Page 21975]]

                Sec. 6. Revocation. Executive Order 13226 of September 
                30, 2001, as amended, is hereby revoked.
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 21, 2010.

[FR Doc. 2010-9796
Filed 4-26-10; 8:45 am]
Billing code 3195-W0-P