[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S8052-S8053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4547. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in title X, insert the following:

     SEC. 10__. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL 
                   EXPERTS TO PROMOTE AND PROTECT NATIONAL 
                   SECURITY INNOVATION BASE.

       (a) Special Immigrant Status.--In accordance with the 
     procedures established under subsection (f)(1), and subject 
     to the numerical limitations under subsection (c)(1), the 
     Secretary of Homeland Security may provide an alien described 
     in subsection (b) (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--
       (1) submits a classification petition under section 
     204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence.
       (b) Aliens Described.--An alien is described in this 
     subsection if--
       (1) the alien--
       (A) is employed by a United States employer and engaged in 
     work to promote and protect the National Security Innovation 
     Base;
       (B) 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
       (C) 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
       (2) 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 paragraph (1)(C) or otherwise 
     serves national security interests.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     may not exceed--
       (A) 10 in each of fiscal years 2022 through 2030; and
       (B) 100 in fiscal year 2031 and each fiscal year 
     thereafter.
       (2) Exclusion from numerical limitation.--Aliens provided 
     special immigrant status under this section 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)).
       (d) 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 subsection (b), 
     individuals for recommendation to the Secretary of Homeland 
     Security for special immigrant status under subsection (a).
       (e) Authorities.--In carrying out this section, 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--
       (1) the personnel and management authorities provided to 
     the science and technology reinvention laboratories;
       (2) the Major Range and Test Facility Base (as defined in 
     196(i) of title 10, United States Code); and
       (3) the Defense Advanced Research Projects Agency.
       (f) Procedures.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and Secretary of Defense shall jointly establish policies and 
     procedures implementing this section, which shall include 
     procedures for--
       (1) processing of petitions for classification submitted 
     under subsection (a)(1) and applications for an immigrant 
     visa or adjustment of status, as applicable; and
       (2) thorough processing of any required security 
     clearances.
       (g) Fees.--The Secretary of Homeland Security shall 
     establish a fee--
       (1) to be charged and collected to process an application 
     filed under this section; and

[[Page S8053]]

       (2) that 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.
       (h) Implementation Report Required.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security and Secretary of Defense shall 
     jointly submit to the appropriate committees of Congress a 
     report that includes--
       (1) a plan for implementing the authorities provided under 
     this section; and
       (2) identification of any additional authorities that may 
     be required to assist the Secretaries in fully implementing 
     this section.
       (i) Program Evaluation and Report.--
       (1) Evaluation.--The Comptroller General of the United 
     States shall conduct an evaluation of the competitive program 
     and special immigrant program described in subsections (a) 
     through (g).
       (2) Report.--Not later than October 1, 2026, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report on the results of the 
     evaluation conducted under paragraph (1).
       (j) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (B) the Committee on Armed Services and 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 funded research and development 
     centers, defense industrial base entities, nonprofit 
     organizations, commercial entities, and venture capital firms 
     that are engaged in the military and nonmilitary research, 
     development, funding, and production of innovative 
     technologies that support the national security of the United 
     States.
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