15 U.S.C. § 3718 — President’s Council on Innovation and

Page 2061 TITLE 15—COMMERCE AND TRADE § 3718 mitting a report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 184 of House Document No. 103–7. § 3718. President’s Council on Innovation and Competitiveness (a) In general The President shall establish a President’s Council on Innovation and Competitiveness. (b) Duties The duties of the Council shall include— (1) monitoring implementation of public laws and initiatives for promoting innovation, including policies related to research funding, taxation, immigration, trade, and education that are proposed in this Act or in any other Act; (2) providing advice to the President with re- spect to global trends in competitiveness and innovation and allocation of Federal resources in education, job training, and technology re- search and development considering such glob- al trends in competitiveness and innovation; (3) in consultation with the Director of the Office of Management and Budget, developing a process for using metrics to assess the im- pact of existing and proposed policies and rules that affect innovation capabilities in the United States; (4) identifying opportunities and making recommendations for the heads of executive agencies to improve innovation, monitoring, and reporting on the implementation of such recommendations; (5) developing metrics for measuring the progress of the Federal Government with re- spect to improving conditions for innovation, including through talent development, invest- ment, and infrastructure improvements; and (6) submitting to the President and Congress an annual report on such progress. (c) Membership and coordination (1) Membership The Council shall be composed of the Sec- retary or head of each of the following: (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Energy. (E) The Department of Health and Human Services. (F) The Department of Homeland Security. (G) The Department of Labor. (H) The Department of the Treasury. (I) The National Aeronautics and Space Administration. (J) The Securities and Exchange Commis- sion. (K) The National Science Foundation. (L) The Office of the United States Trade Representative. (M) The Office of Management and Budget. (N) The Office of Science and Technology Policy. (O) The Environmental Protection Agency. (P) The Small Business Administration. (Q) Any other department or agency des- ignated by the President. (2) Chairperson The Secretary of Commerce shall serve as Chairperson of the Council. (3) Coordination The Chairperson of the Council shall ensure appropriate coordination between the Council and the National Economic Council, the Na- tional Security Council, and the National Science and Technology Council. (4) 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 than 6 months after August 9, 2007. (d) Development of innovation agenda (1) 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) Contents The comprehensive agenda required by para- graph (1) shall include the following: (A) An assessment of current strengths and weaknesses of the United States invest- ment in research and development. (B) Recommendations for addressing weak- nesses 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 1885a or 1885b of title 42 in science, technology, engi- neering, and mathematics fields. (C) Recommendations for strengthening the innovation and competitiveness capabili- ties of the Federal Government, State gov- ernments, academia, and the private sector in the United States. (3) Advisors (A) Recommendation Not later than 30 days after August 9, 2007, the National Academy of Sciences, in con- sultation with the National Academy of En- gineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the President a list of 50 indi- viduals that are recommended to serve as advisors to the Council during the develop- ment of the comprehensive agenda required by paragraph (1). The list of advisors shall include appropriate representatives from the following: (i) The private sector of the economy. (ii) Labor. (iii) Various fields including information technology, energy, engineering, high- technology manufacturing, health care, and education. (iv) Scientific organizations. (v) Academic organizations and other nongovernmental organizations working in the area of science or technology. (vi) Nongovernmental organizations, such as professional organizations, that represent individuals identified in section Page 2062 TITLE 15—COMMERCE AND TRADE § 3719 1885a or 1885b of title 42 in the areas of science, engineering, technology, and mathematics. (B) 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, the President shall designate 50 individuals to serve as advisors to the Coun- cil. (C) Requirement to consult The Council shall develop the comprehen- sive agenda required by paragraph (1) in con- sultation with the advisors. (4) Initial submission and updates (A) Initial submission Not later than 1 year after August 9, 2007, the Council shall submit to Congress and the President the comprehensive agenda re- quired by paragraph (1). (B) Updates At least once every 2 years, the Council shall update the comprehensive agenda re- quired by paragraph (1) and submit each such update to Congress and the President. (e) Optional assignment Notwithstanding subsection (a) and para- graphs (1) and (2) of subsection (c), the President may designate an existing council to carry out the requirements of this section. (Pub. L. 110–69, title I, § 1006, Aug. 9, 2007, 121 Stat. 578.) Editorial Notes CODIFICATION Section was enacted as part of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, also known as the America COMPETES Act, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter. Executive Documents DESIGNATION OF THE COMMITTEE ON TECHNOLOGY OF THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL TO CARRY OUT CERTAIN REQUIREMENTS OF THE AMERICA COMPETES ACT Memorandum of the President of the United States, Apr. 10, 2008, 73 F.R. 20523, provided: Memorandum for the Director of the Office of Science and Technology Policy By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including section 1006(e) of the America COMPETES Act (Public Law 110–69) (the ‘‘Act’’), I hereby designate the Committee on Tech- nology of the National Science and Technology Council to carry out the responsibilities assigned to the Council on Innovation and Competitiveness in section 1006 of the Act. The Director of the Office of Science and Technology Policy is authorized and directed to publish this memo- randum in the Federal Register. GEORGE W. BUSH. § 3719. Prize competitions (a) Definitions In this section: (1) Agency The term ‘‘agency’’ means a Federal agency. (2) Director The term ‘‘Director’’ means the Director of the Office of Science and Technology Policy. (3) Federal agency The term ‘‘Federal agency’’ has the meaning given under section 3703 of this title, except that term shall not include any agency of the legislative branch of the Federal Government. (4) Head of an agency The term ‘‘head of an agency’’ means the head of a Federal agency. (b) In general Each head of an agency, or the heads of mul- tiple agencies in cooperation, may carry out a program to award prizes competitively to stimu- late innovation that has the potential to ad- vance the mission of the respective agency. (c) Prize competitions For purposes of this section, a prize competi- tion may be 1 or more of the following types of activities: (1) A point solution prize that rewards and spurs the development of solutions for a par- ticular, well-defined problem. (2) An exposition prize competition that helps identify and promote a broad range of ideas and practices that may not otherwise at- tract attention, facilitating further develop- ment of the idea or practice by third parties. (3) Participation prize competitions that create value during and after the competition by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the com- petition. (4) Such other types of prize competitions as each head of an agency considers appropriate to stimulate innovation that has the potential to advance the mission of the respective agen- cy. (d) Topics In selecting topics for prize competitions, the head of an agency shall consult widely both within and outside the Federal Government, and may empanel advisory committees. (e) Advertising The head of an agency shall widely advertise each prize competition to encourage broad par- ticipation. (f) Requirements and registration For each prize competition, the head of an agency shall publish a notice on a publicly ac- cessible Government website, such as www.challenge.gov, announcing— (1) the subject of the prize competition; (2) the rules for being eligible to participate in the prize competition; (3) the process for participants to register for the prize competition; (4) the amount of the cash prize purse or non-cash prize award; and (5) the basis on which a winner will be se- lected.