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 de-
termined 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security In-
novation Pathway Act’’. 
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SEC. 2. ADMISSION OF ESSENTIAL SCIENTISTS AND TECH-
NICAL 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 Home-
land Security may provide an alien described in subsection 
(b) (and the spouse and children of the alien if accom-
panying or following to join the alien) with the status of 
a special immigrant under section 101(a)(27) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(27)), if the 
alien— 
(1) submits a classification petition under sec-
tion 
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 em-
ployer and engaged in work to promote and 
protect the National Security Innovation Base; 
(B) is engaged in basic or applied re-
search, funded by the Department of Defense, 
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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 exper-
tise that will advance the development of crit-
ical technologies identified in the National De-
fense 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 essen-
tial to advancing the research, development, testing, 
or evaluation of critical technologies described in 
paragraph (1)(C) or otherwise serves national secu-
rity interests. 
(c) NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—The total number of prin-
cipal 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; 
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(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
LIMITA-
TIONS.—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 com-
petitive 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, in-
cluding the personnel and management authorities pro-
vided to the science and technology reinvention labora-
tories, the Major Range and Test Facility Base (as de-
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fined 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 Sec-
retary of Homeland Security and Secretary of De-
fense shall jointly establish policies and procedures 
implementing the provisions in this section, which 
shall include procedures for— 
(A) processing of petitions for classifica-
tion submitted under subsection (a)(1) and ap-
plications 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 Inno-
vation Fee Account’’. 
(B) FEE AMOUNT.—For each petition for 
classification submitted under subsection (a)(1), 
the Secretary of Homeland Security shall col-
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lect, 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 Secu-
rity Innovation Fee Account for scholar-
ships 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 Sec-
retary of Defense shall jointly submit to the appropriate 
congressional committees a report that includes— 
(1) a plan for implementing the authorities pro-
vided under this section; and 
(2) identification of any additional authorities 
that may be required to assist the Secretaries in 
fully implementing section. 
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(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 appro-
priate congressional committees a report on the re-
sults of the evaluation conducted under paragraph 
(1). 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ 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 organiza-
tions, including Federal agencies, institutions of 
higher education, federally funded research and de-
velopment centers, defense industrial base entities, 
nonprofit organizations, commercial entities, and 
venture capital firms that are engaged in the mili-
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tary and non-military research, development, fund-
ing, and production of innovative technologies that 
support the national security of the United States. 
Æ 
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