[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3286-S3287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1866. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 
1260, to establish a new Directorate for Technology and Innovation in 
the National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V of division B, add the following:

     SECTION 2528. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL 
                   EXPERTS TO PROMOTE AND PROTECT NATIONAL 
                   SECURITY INNOVATION BASE.

       (a) Short Title.--This section may be cited as the 
     ``National Security Innovation Pathways Act of 2021''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Committee on the Judiciary of the House of 
     Representatives.
       (2) National security innovation base.--The term ``National 
     Security Innovation Base'' means the network of persons and 
     organizations, including Federal agencies, institutions of 
     higher education, federally

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     funded research and development centers, defense industrial 
     base entities, nonprofit organizations, commercial entities, 
     and venture capital firms that are engaged in the military 
     and non-military research, development, funding, and 
     production of innovative technologies that support the 
     national security of the United States.
       (c) Admission of Essential Scientists and Technical Experts 
     to Promote and Protect National Security Innovation Base.--
       (1) Special immigrant status.--In accordance with the 
     procedures established under paragraph (6)(A), and subject to 
     the numerical limitations under paragraph (3)(A), the 
     Secretary of Homeland Security may provide an alien described 
     in paragraph (2) (and the spouse and children of the alien if 
     accompanying or following to join the alien) with the status 
     of a special immigrant under section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) if the 
     alien--
       (A) submits a classification petition under section 
     204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
       (B) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence.
       (2) Aliens described.--An alien is described in this 
     paragraph if--
       (A) the alien--
       (i) is employed by a United States employer and engaged in 
     work to promote and protect the National Security Innovation 
     Base;
       (ii) is engaged in basic or applied research, funded by the 
     Department of Defense, through a United States institution of 
     higher education (as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001)); or
       (iii) possesses scientific or technical expertise that will 
     advance the development of critical technologies identified 
     in the National Defense Strategy or the National Defense 
     Science and Technology Strategy, required by section 218 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679 ); and
       (B) the Secretary of Defense issues a written statement to 
     the Secretary of Homeland Security confirming that the 
     admission of the alien is essential to advancing the 
     research, development, testing, or evaluation of critical 
     technologies described in subparagraph (A)(iii) or otherwise 
     serves national security interests.
       (3) Numerical limitations.--
       (A) In general.--The total number of aliens described in 
     paragraph (2) who may be provided special immigrant status 
     under this subsection may not exceed--
       (i) 100 in fiscal year 2022;
       (ii) 200 in fiscal year 2023;
       (iii) 300 in fiscal year 2024;
       (iv) 400 in fiscal year 2025; and
       (v) 500 in fiscal year 2026 and in each fiscal year 
     thereafter.
       (B) Exclusion from numerical limitation.--Aliens provided 
     special immigrant status under this subsection shall not be 
     counted against the numerical limitations under sections 
     201(d), 202(a), and 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
       (4) Defense competition for scientists and technical 
     experts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     and implement a process to select, on a competitive basis 
     from among individuals described in paragraph (2), 
     individuals for recommendation to the Secretary of Homeland 
     Security for special immigrant status under paragraph (1).
       (5) Authorities.--In carrying out this subsection, the 
     Secretary of Defense shall authorize appropriate personnel of 
     the Department of Defense to use all personnel and management 
     authorities available to the Department, including--
       (A) the personnel and management authorities provided to 
     the science and technology reinvention laboratories;
       (B) the Major Range and Test Facility Base (as defined in 
     196(i) of title 10, United States Code); and
       (C) the Defense Advanced Research Projects Agency.
       (6) Procedures.--Not later than 360 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Defense shall jointly establish policies 
     and procedures implementing this subsection, which shall 
     include procedures for--
       (A) processing petitions for classification submitted under 
     paragraph (1)(A) and applications for an immigrant visa or 
     adjustment of status, as applicable; and
       (B) the thorough processing of any required security 
     clearances.
       (7) Fees.--The Secretary of Homeland Security shall 
     establish a fee that--
       (A) will be charged and collected for processing each 
     application filed under this subsection; and
       (B) is set at a level that will ensure recovery of the full 
     costs of such processing and any additional costs associated 
     with the administration of the fees collected.
       (d) Reporting Requirements.--
       (1) Implementation report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security and the Secretary of Defense shall jointly 
     submit a report to the appropriate congressional committees 
     that--
       (A) includes a plan for implementing the authorities 
     provided under this section; and
       (B) identifies any additional authorities that may be 
     required to assist the Secretary of Homeland Security and the 
     Secretary of Defense to fully implement this section.
       (2) Program evaluation and report.--
       (A) Evaluation.--The Comptroller General of the United 
     States shall conduct an evaluation of the competitive program 
     and special immigrant program described in subsection (c).
       (B) Report.--Not later than October 1, 2025, the 
     Comptroller General shall submit a report to the appropriate 
     congressional committees that describes the results of the 
     evaluation conducted pursuant to subparagraph (A).
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