I 

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. 

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 ‘‘National Security In5 novation Pathway Act’’. 


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1 SEC. 2. ADMISSION OF ESSENTIAL SCIENTISTS AND TECH2 NICAL EXPERTS TO PROMOTE AND PROTECT 

3 THE NATIONAL SECURITY INNOVATION BASE. 

4 (a) SPECIAL IMMIGRANT STATUS.—In accordance 

5 with the procedures established under subsection (f)(1), 

6 and subject to subsection (c)(1), the Secretary of Home7 land Security may provide an alien described in subsection 

8 (b) (and the spouse and children of the alien if accom9 panying or following to join the alien) with the status of 

10 a special immigrant under section 101(a)(27) of the Immi11 gration and Nationality Act (8 U.S.C. 1101(a)(27)), if the 

12 alien— 

13 (1) submits a classification petition under sec14 tion 204(a)(1)(G)(i) of such Act (8 U.S.C. 

15 1154(a)(1)(G)(i)); and 

16 (2) is otherwise eligible to receive an immigrant 

17 visa and is otherwise admissible to the United States 

18 for permanent residence. 

19 (b) ALIENS DESCRIBED.—An alien is described in 

20 this subsection if— 

21 (1) the alien— 

22 (A) is employed by a United States em23 ployer and engaged in work to promote and 

24 protect the National Security Innovation Base; 

25 (B) is engaged in basic or applied re26 search, funded by the Department of Defense, 


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1 through a United States institution of higher 

2 education (as defined in section 101 of the 

3 Higher Education Act of 1965 (20 U.S.C. 

4 1001)); or 

5 (C) possesses scientific or technical exper6 tise that will advance the development of crit7 ical technologies identified in the National De8 fense Strategy or the National Defense Science 

9 and Technology Strategy, required by section 

10 218 of the John S. McCain National Defense 

11 Authorization Act for Fiscal Year 2019 (Public 

12 Law 115–232; 132 Stat. 1679); and 

13 (2) the Secretary of Defense issues a written 

14 statement to the Secretary of Homeland Security 

15 confirming that the admission of the alien is essen16 tial to advancing the research, development, testing, 

17 or evaluation of critical technologies described in 

18 paragraph (1)(C) or otherwise serves national secu19 rity interests. 

20 (c) NUMERICAL LIMITATIONS.— 

21 (1) IN GENERAL.—The total number of prin22 cipal aliens who may be provided special immigrant 

23 status under this section may not exceed— 

24 (A) 100 in fiscal year 2021; 

25 (B) 200 in fiscal year 2022; 


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1 (C) 300 in fiscal year 2023; 

2 (D) 400 in fiscal year 2024; and 

3 (E) 500 in fiscal year 2025 and each fiscal 

4 year thereafter. 

5 (2) EXCLUSION FROM NUMERICAL LIMITA6 TIONS.—Aliens provided special immigrant status 

7 under this section shall not be counted against the 

8 numerical limitations under sections 201(d), 202(a), 

9 and 203(b)(4) of the Immigration and Nationality 

10 Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)). 

11 (d) DEFENSE COMPETITION FOR SCIENTISTS AND

12 TECHNICAL EXPERTS.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Defense 

14 shall develop and implement a process to select, on a com15 petitive basis from among individuals described in section 

16 (b), individuals for recommendation to the Secretary of 

17 Homeland Security for special immigrant status described 

18 in subsection (a). 

19 (e) AUTHORITIES.—In carrying out this section, the 

20 Secretary of Defense shall authorize appropriate personnel 

21 of the Department of Defense to use all personnel and 

22 management authorities available to the Department, in23 cluding the personnel and management authorities pro24 vided to the science and technology reinvention labora25 tories, the Major Range and Test Facility Base (as deVerDate Sep 11 2014 21:14 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7256.IH H7256

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1 fined in 196(i) of title 10, United States Code), and the 

2 Defense Advanced Research Projects Agency. 

3 (f) PROCEDURES AND FEES.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of Homeland Security and Secretary of De7 fense shall jointly establish policies and procedures 

8 implementing the provisions in this section, which 

9 shall include procedures for— 

10 (A) processing of petitions for classifica11 tion submitted under subsection (a)(1) and ap12 plications for an immigrant visa or adjustment 

13 of status, as applicable; and 

14 (B) thorough processing of any required 

15 security clearances. 

16 (2) FEES.— 

17 (A) NATIONAL SECURITY INNOVATION FEE

18 ACCOUNT.—There is established in the general 

19 fund of the Treasury, a separate account which 

20 shall be known as the ‘‘National Security Inno21 vation Fee Account’’. 

22 (B) FEE AMOUNT.—For each petition for 

23 classification submitted under subsection (a)(1), 

24 the Secretary of Homeland Security shall colVerDate Sep 11 2014 21:14 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7256.IH H7256

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1 lect, in addition to any required processing fee, 

2 a fee of $2,000. 

3 (C) USE OF FEES.—Notwithstanding any 

4 other provision of law, of each fee collected 

5 under subparagraph (B)— 

6 (i) 75 percent shall be deposited into 

7 the general fund of the Treasury; and 

8 (ii) 25 percent shall be deposited as 

9 offsetting receipts into the National Secu10 rity Innovation Fee Account for scholar11 ships under the Science, Mathematics, and 

12 Research for Transformation (SMART) 

13 Defense Education Program described in 

14 section 2192a of title 10, United States 

15 Code. 

16 (g) IMPLEMENTATION REPORT REQUIRED.—Not 

17 later than 360 days after the date of the enactment of 

18 this Act, the Secretary of Homeland Security and Sec19 retary of Defense shall jointly submit to the appropriate 

20 congressional committees a report that includes— 

21 (1) a plan for implementing the authorities pro22 vided under this section; and 

23 (2) identification of any additional authorities 

24 that may be required to assist the Secretaries in 

25 fully implementing section. 


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1 (h) PROGRAM EVALUATION AND REPORT.— 

2 (1) EVALUATION.—The Comptroller General of 

3 the United States shall conduct an evaluation of the 

4 competitive program and special immigrant program 

5 described in subsections (a) through (f). 

6 (2) REPORT.—Not later than October 1, 2025, 

7 the Comptroller General shall submit to the appro8 priate congressional committees a report on the re9 sults of the evaluation conducted under paragraph 

10 (1). 

11 (i) DEFINITIONS.—In this section: 

12 (1) The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Armed Services and 

15 the Committee on the Judiciary of the House of 

16 Representatives; and 

17 (B) the Committee on Armed Services and 

18 the Committee on the Judiciary of the Senate. 

19 (2) The term ‘‘National Security Innovation 

20 Base’’ means the network of persons and organiza21 tions, including Federal agencies, institutions of 

22 higher education, federally funded research and de23 velopment centers, defense industrial base entities, 

24 nonprofit organizations, commercial entities, and 

25 venture capital firms that are engaged in the miliVerDate Sep 11 2014 21:14 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7256.IH H7256

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1 tary and non-military research, development, fund2 ing, and production of innovative technologies that 

3 support the national security of the United States. 

Æ 


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