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Executive Orders Historical Archive
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Executive Order 13226 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.41) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 13226—Presidents Council of Advisors on Science and Technology

George W. Bush George W. Bush
•
Sunday, September 30, 2001
•
2 min read (464 words)
•
66 Fed. Reg. 50523

Executive Brief • At a Glance

⏱️ 2 min read (464 words) • ● Revoked
🎯 Primary Mandate

The PCAST shall advise the President, through the Official, on matters involving science and technology policy.

View all 3 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Foreign Nations & International Entities
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President George W. Bush on September 30, 2001, this order concerns Presidents Council of Advisors on Science and Technology. There is established the President's Council of Advisors on Science and Technology (PCAST). The PCAST shall be composed of not more than 25 members, one of whom shall be a Federal Government official designated by the President (the "Official"), and 24 of whom shall be nonfederal members appointed by the President and have diverse perspectives and expertise in science, technology, and the impact of science and…

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪
Functions

The PCAST shall advise the President, through the Official, on matters involving science and technology policy.

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Administration

The heads of the 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.

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General

Notwithstanding any other Executive Order, the functions of the President with respect to the PCAST under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, shall be performed by the Office of Science and Technology Policy in accordance with the guidelines and procedures established by the Administrator of General Services.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

🏷️ Technology & Cybersecurity
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
46 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
464
2,934 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14.6
College Level
Language Tone Score
+0.41
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (4 sections)
Sec. 1: EstablishmentSec. 2: FunctionsSec. 3: AdministrationSec. 4: General

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to establish an advisory committee on science and technology, it is hereby ordered as follows:

Section 1. #sec-1

Establishment. There is established the President's Council of Advisors on Science and Technology (PCAST). The PCAST shall be composed of not more than 25 members, one of whom shall be a Federal Government official designated by the President (the "Official"), and 24 of whom shall be nonfederal members appointed by the President and have diverse perspectives and expertise in science, technology, and the impact of science and technology on the Nation. The Official shall co-chair PCAST with a nonfederal member designated by the President.

Sec. 2. #sec-2

Functions. (a) The PCAST shall advise the President, through the Official, on matters involving science and technology policy. (b) In performance of its advisory duties, the PCAST shall assist the National Science and Technology Council (NSTC) in securing private sector involvement in its activities.

Sec. 3. #sec-3

Administration. (a) The heads of the 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. (b) In consultation with the Official, the PCAST is authorized to convene ad hoc working groups to provide preliminary nonbinding information and advice directly to the PCAST. (c) Members shall serve without compensation for their work on the PCAST. However, members may be allowed 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). (d) Any expenses of the PCAST shall be paid from the funds available for the expenses of the Office of Science and Technology Policy. (e) The Office of Science and Technology Policy shall provide such administrative services as the PCAST may require, with the approval of the Official.

Sec. 4. #sec-4

General. (a) Notwithstanding any other Executive Order, the functions of the President with respect to the PCAST under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, shall be performed by the Office of Science and Technology Policy in accordance with the guidelines and procedures established by the Administrator of General Services. (b) The PCAST shall terminate 2 years from the date of this order unless extended by the President prior to that date. (c) Executive Order 12882 of November 23, 1993; Executive Order 12907 of April 14, 1994; and section 1(h) of Executive Order 13138 of September 30, 1999, are hereby revoked. GEORGE W. BUSH The White House, September 30, 2001. [Filed with the Office of the Federal Register, 8:58 a.m., October 2, 2001]

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Referenced By Later Executive Orders (6)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Amends Executive Order 13539—President's Council of Advisors on Science and Technology
Barack Obama • 2010-04-21
Amends Executive Order 13511—Continuance of Certain Federal Advisory Committees
Barack Obama • 2009-09-29
Amends Executive Order 13446—Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders
George W. Bush • 2007-09-28
Amends Executive Order 13385—Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders
George W. Bush • 2005-09-29
Amends Executive Order 13349—Amending Executive Order 13226 To Designate the Presidents Council of Advisors on Science and Technology To Serve as the National Nanotechnology Advisory Panel
George W. Bush • 2004-07-23
Amends Executive Order 13305—Extension of the Presidents Information Technology Advisory Committee and the Presidents Council of Advisors on Science and Technology
George W. Bush • 2003-05-28
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Scholarly & Legal Citations 

Exec. Order No. 13,226, 66 Fed. Reg. 50,523 (Sept. 30, 2001).