Presidents/Donald J. Trump/Executive Order
Executive Order13885? Legally Debatable

Executive Order 13885-Establishing the National Quantum Initiative Advisory Committee

Issued 2019-08-30 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

President Trump created an advisory committee to help the United States maintain its leadership in quantum information science and technology. This committee, established under an existing law called the National Quantum Initiative Act, includes up to 22 members appointed by the Secretary of Energy plus the Director of the Office of Science and Technology Policy. The members come from universities, private industry, federal laboratories, and other government agencies, and must be qualified to advise on quantum research, development, education, technology transfer, commercial applications, and national security concerns.

The committee's job is to provide advice and recommendations to the Secretary of Energy and a National Science and Technology Council subcommittee on quantum science. It meets at least twice a year to respond to requests for information and analysis, gather ideas from researchers, businesses, universities, and other stakeholders, and help review and improve the National Quantum Initiative Program. The Department of Energy provides the funding and administrative support for the committee's work.

Committee members serve without pay, though they can receive travel reimbursement. The order allows the committee to create subcommittees and technical advisory groups as needed, and members may receive security clearances if required for their work. The committee operates under the Federal Advisory Committee Act, which sets rules for how government advisory bodies function.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

Executive Order 13885 ("Executive Order 13885-Establishing the National Quantum Initiative Advisory Committee") restructures or establishes federal entities. The stated purpose: "ensure continued American leadership in quantum information science and technology applications, it is hereby ordered as follows: Section 1 ." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.

The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).

Official Summary

Administration of Donald J. Trump, 2019 Executive Order 13885—Establishing the National Quantum Initiative Advisory Committee August 30, 2019 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 104(a) of the National Quantum Initiative Act (Public Law 115–368) (Act), and section 301 of title 3, United States Code, and in order to ensure continued American leadership in quantum information science and technology applications, it is hereby ordered as follows: Section 1 . Establishment . The National Quantum Initiative Advisory Committee (Committee) is hereby established. The Committee shall consist of the Director of the Office of Science and Technology Policy or the Director's designee (Director) and not more than 22 members appointed by the Secretary of Energy (Secretary). Committee members shall represent industry, universities, Federal laboratories, and other Federal Government agencies. Committee members must be qualified to provide advice and information on quantum information science and technology research, development, demonstrations, standards, education, technology transfers, commercial application, and national security economic concerns. The Director shall serve as a Co-Chair of the Committee.

Read the official documentOpen on GovInfo →