II 

114TH CONGRESS 

2D SESSION S. 3486 

To amend chapter 31 of title 5, United States Code, to establish in statute 

the Presidential Innovation Fellows Program. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2016 

Mr. WARNER (for himself, Mr. LANKFORD, and Mr. BOOKER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend chapter 31 of title 5, United States Code, to 

establish in statute the Presidential Innovation Fellows 

Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Presidential Innovation 

5 Fellows Program Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) It is in the national interest for the Federal 

9 Government to attract the brightest minds skilled in 


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1 technology or innovative practices to serve in the 

2 Federal Government to work on some of the biggest 

3 and most pressing challenges facing the United 

4 States. 

5 (2) The Presidential Innovation Fellows Pro6 gram will encourage successful entrepreneurs, execu7 tives, and innovators to join the Federal Government 

8 and work in close cooperation with Federal Govern9 ment leaders, to create meaningful solutions that 

10 can help save lives and Federal funds, fuel job cre11 ation, and significantly improve how the Federal 

12 Government serves the people of the United States. 

13 SEC. 3. PRESIDENTIAL INNOVATION FELLOWS PROGRAM. 

14 (a) IN GENERAL.—Chapter 31 of title 5, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘Subchapter V—Presidential Innovation 

18 Fellows Program 

19 ‘‘§ 3171. Definitions 

20 ‘‘In this subchapter— 

21 ‘‘(1) the term ‘agency’ has the meaning given 

22 the term ‘Executive agency’ under section 105; 

23 ‘‘(2) the term ‘Administration’ means the Gen24 eral Services Administration; 


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1 ‘‘(3) the term ‘Administrator’ means the Ad2 ministrator of General Services; 

3 ‘‘(4) the term ‘Advisory Board’ means the Pres4 idential Innovation Fellows Program Advisory Board 

5 under section 3174(a)(1); 

6 ‘‘(5) the term ‘Director’ means the Director of 

7 the Program; 

8 ‘‘(6) the term ‘Fellow’ means a Presidential In9 novation Fellow; and 

10 ‘‘(7) the term ‘Program’ means the Presidential 

11 Innovation Fellows Program under this subchapter. 

12 ‘‘§ 3172. Establishment and administration 

13 ‘‘(a) IN GENERAL.—There is in the Administration 

14 the Presidential Innovation Fellows Program to enable ex15 ceptional individuals with proven track records to serve 

16 time-limited appointments in agencies as Presidential In17 novation Fellows to address some of the most significant 

18 challenges facing the United States and improve efforts 

19 by the Federal Government that would particularly benefit 

20 from expertise using innovative techniques and technology. 

21 ‘‘(b) ADMINISTRATION.— 

22 ‘‘(1) DIRECTOR.—The Program shall be admin23 istered by a Director, who shall be appointed by the 

24 Administrator. 


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1 ‘‘(2) ADMINISTRATIVE SUPPORT.—To the ex2 tent permitted by law and that amounts are pro3 vided in appropriation Acts, the Administration shall 

4 provide the employees, resources, and administrative 

5 support necessary to carry out the Program. 

6 ‘‘(c) APPOINTMENT OF FELLOWS.—The Director 

7 shall appoint Fellows and, in cooperation with agencies, 

8 shall facilitate placement of Fellows to participate in 

9 projects that have the potential for significant positive ef10 fects and are consistent with the goals of the President. 

11 ‘‘§ 3173. Appointment of Fellows 

12 ‘‘(a) APPLICATION PROCESS.—The Director— 

13 ‘‘(1) shall prescribe and make publicly available 

14 the process for applications and nominations of indi15 viduals to be Fellows; and 

16 ‘‘(2) may accept applications and nominations 

17 in accordance with such process. 

18 ‘‘(b) PROGRAM STANDARDS.—The Director shall— 

19 ‘‘(1) establish, administer, review, and revise, if 

20 appropriate, a Government-wide cap on the number 

21 of Fellows; and 

22 ‘‘(2) establish and publish salary ranges, bene23 fits, and standards for the Program. 

24 ‘‘(c) SELECTION, APPOINTMENT, AND ASSIGNMENT

25 OF FELLOWS.— 


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1 ‘‘(1) IN GENERAL.—The Director shall pre2 scribe appropriate procedures for the selection, ap3 pointment, and assignment of Fellows. 

4 ‘‘(2) CONSULTATION.—Before the selection of 

5 Fellows, the Director shall consult with the heads of 

6 agencies regarding potential projects and how best 

7 to meet the needs of the agencies. 

8 ‘‘(3) TIME LIMITATION.—The appointment of a 

9 Fellow shall be for a period of not less than 6 

10 months and not more than 2 years. 

11 ‘‘(4) PLACING OF FELLOWS.—The Director 

12 shall facilitate the process of placing Fellows at 

13 agencies requesting a Fellow. 

14 ‘‘(d) RESPONSIBILITIES OF AGENCIES.— 

15 ‘‘(1) IN GENERAL.—Each agency shall work 

16 with the Director and the Advisory Board to at17 tempt to maximize the benefits of the Program to 

18 the agency and the Federal Government, including 

19 by identifying initiatives that will have a meaningful 

20 effect on the people served and that will benefit from 

21 involvement by one or more Fellows. 

22 ‘‘(2) COORDINATION OF WORK.—Each agency 

23 shall ensure that each Fellow placed at the agency 

24 works closely with one or more responsible senior of25 ficials for the duration of the placement. 


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1 ‘‘§ 3174. Presidential Innovation Fellows Program Ad2 visory Board 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—There is, under the author5 ity of the Administrator, a Presidential Innovation 

6 Fellows Program Advisory Board to— 

7 ‘‘(A) advise the Director by recommending 

8 such priorities and standards as may be bene9 ficial to fulfill the mission of the Program; and 

10 ‘‘(B) assist in identifying potential projects 

11 and placements for Fellows. 

12 ‘‘(2) LIMITATION.—The Advisory Board shall 

13 not participate in the selection of Fellows. 

14 ‘‘(b) MEMBERSHIP.—The members of the Advisory 

15 Board shall be as follows: 

16 ‘‘(1) A representative designated by the Admin17 istrator, who shall serve as the Chairperson of the 

18 Advisory Board. 

19 ‘‘(2) The Deputy Director for Management of 

20 the Office of Management and Budget. 

21 ‘‘(3) The Director of the Office of Personnel 

22 Management. 

23 ‘‘(4) The Administrator of the Office of Elec24 tronic Government. 

25 ‘‘(5) The Assistant to the President and Chief 

26 Technology Officer. 


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1 ‘‘(6) Other individuals, as designated by the 

2 Administrator. 

3 ‘‘(c) CONSULTATION.—The Advisory Board may con4 sult with industry, academia, and nonprofits organizations 

5 to ensure the Program is continually identifying opportu6 nities to apply advanced skillsets and innovative practices 

7 in effective ways to address the most significant challenges 

8 to the United States. 

9 ‘‘§ 3175. Rule of construction 

10 ‘‘Nothing in this chapter shall be construed to— 

11 ‘‘(1) impair or otherwise affect— 

12 ‘‘(A) the authority granted by law to an 

13 agency, or the head thereof; or 

14 ‘‘(B) the functions of the Director of the 

15 Office of Management and Budget relating to 

16 budgetary, administrative, or legislative pro17 posals; or 

18 ‘‘(2) create any right or benefit, substantive or 

19 procedural, enforceable at law or in equity by any 

20 party against the United States, its departments, 

21 agencies, or entities, its officers, employees, or 

22 agents, or any other person.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 31 of title 5, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘SUBCHAPTER V—PRESIDENTIAL INNOVATION FELLOWS PROGRAM

‘‘3171. Definitions. 

‘‘3172. Establishment and administration. 

‘‘3173. Appointment of Fellows. 

‘‘3174. Presidential Innovation Fellows Program Advisory Board. 

‘‘3175. Rule of construction.’’. 

3 (c) TRANSITIONAL PROVISION.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘function’’ means any duty, obligation, power, au6 thority, responsibility, right, privilege, activity, pro7 gram, or employee. 

8 (2) TRANSITION.—The functions of the Presi9 dential Innovation Fellows Program established pur10 suant to Executive Order 13704 (5 U.S.C. 3301 

11 note), as in existence on the day before the date of 

12 enactment of this Act, shall be functions of the Pres13 idential Innovation Fellows Program under sub14 chapter V of title 5, United States Code, as added 

15 by this Act. 

Æ 


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