President's Council of Advisors on Science and Technology

Executive Order 13539 of April 21, 2010

President's Council of Advisors on Science and
Technology

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.

    (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.
5701-5707).

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

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
appropriations.
    (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.

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

    (Presidential Sig.)

THE WHITE HOUSE,

    April 21, 2010.