[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6403. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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, insert the following:

     SEC. ___. 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 subsection (c)(1), the Secretary of Homeland Security may 
     provide an alien described in subsection (b) (and the spouse 
     and each child 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 lawful 
     permanent residence.
       (b) Aliens Described.--An alien is described in this 
     subsection if--
       (1) the alien--
       (A) is a current or past participant in research funded by 
     the Department of Defense;
       (B) is a current or past employee or contracted employee of 
     the Department of Defense;
       (C) earned a master's, doctoral, or professional degree 
     from an accredited United States institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), or completed a 
     graduate fellowship or graduate medical education at an 
     accredited United States institution of higher education, 
     that entailed research in a field of importance to the 
     national security of the United States, as determined by the 
     Secretary of Defense;
       (D) is a current employee of, or has a documented job offer 
     from, a company that develops new technologies or cutting-
     edge research that contributes to the national security of 
     the United States, as determined by the Secretary of Defense; 
     or
       (E) is a founder or co-founder of a United States-based 
     company that develops new technologies or cutting-edge 
     research that contributes to the national security of the 
     United States, as determined by the Secretary of Defense; and
       (2) the Secretary of Defense issues a written statement to 
     the Secretary of Homeland Security confirming that the alien 
     possesses scientific or technical expertise that will 
     contribute to the national security of the United States.
       (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 2023 through 2032; and
       (B) 100 in fiscal year 2033 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 described in 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 the 
     personnel and management authorities provided to the science 
     and technology reinvention laboratories, the Major Range and 
     Test Facility Base (as defined in section 196(i) of title 10, 
     United States Code), and the Defense Advanced Research 
     Projects Agency.
       (f) 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 the provisions in 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
       (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 the 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 non-military research, 
     development, funding, and production of innovative 
     technologies that support the national security of the United 
     States.
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