Title: National Security Innovation Pathway Act
Policy area: Immigration

Summary:
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)]

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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.
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