National Security Innovation Pathway Act
This bill authorizes the Department of Homeland Security (DHS) to provide special immigrant status to a qualified alien involved with research critical to U.S. national security.
Generally, a qualified alien is one who (1) is employed by a U.S. employer to work and protect the National Security Innovation Base, (2) is engaged in Department of Defense-funded research at a U.S. institution of higher education, or (3) possesses scientific or technical expertise that will advance the development of certain technologies critical to national security. In addition, the Department of Defense (DOD) must confirm to DHS that the alien's admission is essential to developing critical technologies or otherwise serves national security interests. The spouse and children of a qualified alien may also be admitted.
(The National Security Innovation Base is a network of persons and organizations engaged in research and production of technologies that support U.S. national security.)
DHS may admit up to 100 principal aliens for FY2021 as special immigrants under this bill. This number shall gradually increase until FY2025. For FY2025 and each subsequent fiscal year, DHS may admit 500 principal aliens. Aliens admitted under this bill shall not count against various annual numerical limits.
The Government Accountability Office shall report to Congress on an evaluation of the program by October 1, 2025.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7256 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7256
To establish a process for admitting essential scientists and technical
experts into the United States to promote and protect the National
Security Innovation Base.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2020
Mr. Langevin (for himself and Ms. Stefanik) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a process for admitting essential scientists and technical
experts into the United States to promote and protect the National
Security Innovation Base.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Innovation Pathway
Act''.
SEC. 2. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT THE 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 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) 100 in fiscal year 2021;
(B) 200 in fiscal year 2022;
(C) 300 in fiscal year 2023;
(D) 400 in fiscal year 2024; and
(E) 500 in fiscal year 2025 and each fiscal year
thereafter.
(2) Exclusion from numerical limitations.--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 section (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 196(i) of title 10,
United States Code), and the Defense Advanced Research Projects Agency.
(f) Procedures and Fees.--
(1) In general.--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 establish policies and
procedures implementing the provisions in this section, which
shall include procedures for--
(A) processing of petitions for classification
submitted under subsection (a)(1) and applications for
an immigrant visa or adjustment of status, as
applicable; and
(B) thorough processing of any required security
clearances.
(2) Fees.--
(A) National security innovation fee account.--
There is established in the general fund of the
Treasury, a separate account which shall be known as
the ``National Security Innovation Fee Account''.
(B) Fee amount.--For each petition for
classification submitted under subsection (a)(1), the
Secretary of Homeland Security shall collect, in
addition to any required processing fee, a fee of
$2,000.
(C) Use of fees.--Notwithstanding any other
provision of law, of each fee collected under
subparagraph (B)--
(i) 75 percent shall be deposited into the
general fund of the Treasury; and
(ii) 25 percent shall be deposited as
offsetting receipts into the National Security
Innovation Fee Account for scholarships under
the Science, Mathematics, and Research for
Transformation (SMART) Defense Education
Program described in section 2192a of title 10,
United States Code.
(g) Implementation Report Required.--Not later than 360 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 congressional committees 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
section.
(h) 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 (f).
(2) Report.--Not later than October 1, 2025, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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