Appendix B: Draft Executive Order on the President's Council On Broadband, Innovation And Competitiveness

Executive Order XXXXX of January 20, 2009
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (Public Law 110- 69)("the Act"), it is hereby ordered as follows:

Section 1. Establishment. (a) There is established in the Executive Office of the President the "President's Council on Broadband, Innovation and Competitiveness" ("Council").

Section 2. Functions. (a) The duties of the Council shall include—

  1. (1) Development of innovation agenda.—
    1. (i) In general.—The Council shall develop a comprehensive agenda for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States.
    2. (ii) Contents.—The comprehensive agenda required by paragraph (1) shall include the following:
      1. (A) An assessment of current strengths and weaknesses of the United States investment in research and development.
      2. (B) Recommendations for addressing weaknesses and maintaining the United States as a world leader in research and development and technological innovation, including strategies for increasing the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in science, technology, engineering, and mathematics fields.
      3. (C) Recommendations for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States.
      4. (D) A National Broadband Strategy, a coherent road map of goals and policies that complement and accelerate efforts in the marketplace to achieve universal adoption of affordable highspeed Internet connections. The National Broadband Strategy shall include:
        1. Goals on broadband network deployment, subscribership, price, and speed; these goals should include, at a minimum:
          1. a) By the end of 2010, every household in America will have access to robust and affordable broadband,
          2. b) By the end of 2015, the vast majority of American households will have affordable access to modernized broadband networks that are as robust as those of any other nation,
          3. c) Access to the Internet should, to the maximum feasible extent, be open to all users, service providers, content providers, and application providers,
          4. d) Network operators must have the right to manage their networks responsibly, pursuant to clear and workable guidelines and standards,
          5. e) The Internet and broadband marketplace should be as competitive as reasonably possible.
          6. f) U.S. broadband networks should provide Americans with the network performance, capacity, and connections they need to compete successfully in the global marketplace.
        2. The appropriate roles of the private and public sectors in universal deployment of affordable, robust broadband networks; federal support might include tax incentives, grants, low cost loans, loan guarantees, universal service subsidies, efficient use of spectrum, and other approaches;
        3. A vision for the evolution of broadband networks and their public and commercial applications;
        4. The impact of current and proposed regulatory regimes on the deployment of affordable, robust broadband networks;
        5. National strategies for maximizing the benefits of deployment of affordable, robust broadband networks, as measured by job creation, economic growth, increased productivity, and enhanced quality of life;
        6. National strategies for developing and demonstrating applications in areas such as:
          1. Modernizing our economy to compete globally;
          2. Reducing energy consumption and carbon dioxide gas emissions and address the threats that energy insecurity and environmental degradation pose to our nation;
          3. Delivering better health care at lower costs by implementing telehealth and digital health information technology;
          4. Improving education through the use of advanced online technology tools;
          5. Building a 21st-century public safety and national security telecommunications system; and
          6. Increasing government transparency and empower greater citizen participation in decision making.
        7. Online safety, privacy, security, and copyright issues.
    3. (iii.) Initial Submission and Updates.—
      1. (A) INITIAL SUBMISSION.—Not later than January 1, 2010, the Council shall submit to Congress and the President the comprehensive agenda required by section 2(1).
      2. (B) UPDATES.—At least once every 2 years, the Council shall update the comprehensive agenda required by section 2(1) and submit each such update to Congress and the President.
  2. (2) Monitoring implementation of public laws and initiatives for promoting universal, affordable and robust broadband networks; innovation; and competitiveness— including policies related to research funding, taxation, immigration, trade, and education that are proposed in this Act or in any other Act;
  3. (3) Providing advice to the President with respect to global trends in broadband deployment and subscribership, competitiveness, and innovation and allocation of Federal resources in education, job training, and technology research and development considering such global trends in competitiveness and innovation;
  4. (4) In consultation with the Director of the Office of Management and Budget, developing a process for using metrics to assess the impact of existing and proposed policies and rules that affect the use of broadband and innovation capabilities in the United States;
  5. (5) Identifying opportunities and making recommendations for the heads of executive agencies to improve broadband deployment and subscribership, innovation, monitoring, and reporting on the implementation of such recommendations;
  6. (6) Developing metrics for measuring the progress of the Federal Government with respect to improving conditions for innovation, including through talent development, investment, and infrastructure improvements; and
  7. (7) Submitting to the President and Congress an annual report on such progress.

Section 3. Membership and Coordination. (a) Membership. The Council shall be composed of the Secretary or head of each of the following:

    1. (1) The Department of Commerce.
    2. (2) The Department of Defense.
    3. (3) The Department of Education.
    4. (4) The Department of Energy.
    5. (5) The Department of Health and Human Services.
    6. (6) The Department of Homeland Security.
    7. (7) The Department of Labor.
    8. (8) The Department of the Treasury.
    9. (9) The National Aeronautics and Space Administration.
    10. (10) The Securities and Exchange Commission.
    11. (11) The National Science Foundation.
    12. (12) The Office of the United States Trade Representative.
    13. (13) The Office of Management and Budget.
    14. (14) The Office of Science and Technology Policy.
    15. (15) The Environmental Protection Agency.
    16. (16) The Small Business Administration.
    17. (17) Any other department or agency designated by the President.
  1. (b) Chairperson.—The Secretary of Commerce shall serve as Chairperson of the Council.
  2. (c) Advisors.— Not later February 9, 2009, the National Academy of Sciences, in consultation with the National Academy of Engineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the President a list of 50 individuals that are recommended to serve as advisors to the Council during the development of the comprehensive agenda required by section 2(1). The list of advisors shall include appropriate representatives from the following:
    1. (1) The private sector of the economy.
    2. (2) Labor.
    3. (3) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education.
    4. (4) Scientific organizations.
    5. (5) Academic organizations and other nongovernmental organizations working in the area of science or technology.
    6. (6) Nongovernmental organizations, such as professional organizations, that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in the areas of science, engineering, technology, and mathematics.
  3. (d) Designation.—Not later than 30 days after the date that the National Academy of Sciences submits the list of recommended individuals to serve as advisors, 50 individuals will be designated to serve as advisors to the Council.
  4. (e) Requirement To Consult.—The Council shall develop the comprehensive agenda required by paragraph section 2(1) in consultation with the advisors.
  5. (f) Coordination.—The Chairperson of the Council shall ensure appropriate coordination between the Council and the National Economic Council, the National Security Council, and the National Science and Technology Council.
  6. (g) Meetings.— The Council shall meet on a semi-annual basis at the call of the Chairperson and the initial meeting of the Council shall occur not later March 2, 2009.

Section 4. General. (a) In order to more fully implement Section 1006 of the America Competes Act as Congress intended, this Executive Order specifically revokes and supersedes President George W. Bush's "Memorandum for the Director of the Office of Science and Technology Policy", dated April 10, 2008 designating the National Science and Technology Council responsibilities assigned to the Council on Innovation and Competitiveness in section 1006 of the Act.

January 20, 2009.