S.Amdt. 1866

SA 1866. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S.
1260, to establish a new Directorate for Technology and Innovation in
the National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title V of division B, add the following:

SECTION 2528. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL
EXPERTS TO PROMOTE AND PROTECT NATIONAL
SECURITY INNOVATION BASE.

(a) Short Title.--This section may be cited as the
``National Security Innovation Pathways Act of 2021''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) 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

[[Page S3287]]

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.
(c) Admission of Essential Scientists and Technical Experts
to Promote and Protect National Security Innovation Base.--
(1) Special immigrant status.--In accordance with the
procedures established under paragraph (6)(A), and subject to
the numerical limitations under paragraph (3)(A), the
Secretary of Homeland Security may provide an alien described
in paragraph (2) (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--
(A) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(B) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence.
(2) Aliens described.--An alien is described in this
paragraph if--
(A) the alien--
(i) is employed by a United States employer and engaged in
work to promote and protect the National Security Innovation
Base;
(ii) 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
(iii) 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
(B) 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 subparagraph (A)(iii) or otherwise
serves national security interests.
(3) Numerical limitations.--
(A) In general.--The total number of aliens described in
paragraph (2) who may be provided special immigrant status
under this subsection may not exceed--
(i) 100 in fiscal year 2022;
(ii) 200 in fiscal year 2023;
(iii) 300 in fiscal year 2024;
(iv) 400 in fiscal year 2025; and
(v) 500 in fiscal year 2026 and in each fiscal year
thereafter.
(B) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this subsection 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)).
(4) 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 paragraph (2),
individuals for recommendation to the Secretary of Homeland
Security for special immigrant status under paragraph (1).
(5) Authorities.--In carrying out this subsection, 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--
(A) the personnel and management authorities provided to
the science and technology reinvention laboratories;
(B) the Major Range and Test Facility Base (as defined in
196(i) of title 10, United States Code); and
(C) the Defense Advanced Research Projects Agency.
(6) 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 this subsection, which shall
include procedures for--
(A) processing petitions for classification submitted under
paragraph (1)(A) and applications for an immigrant visa or
adjustment of status, as applicable; and
(B) the thorough processing of any required security
clearances.
(7) Fees.--The Secretary of Homeland Security shall
establish a fee that--
(A) will be charged and collected for processing each
application filed under this subsection; and
(B) 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.
(d) Reporting Requirements.--
(1) Implementation report.--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 a report to the appropriate congressional committees
that--
(A) includes a plan for implementing the authorities
provided under this section; and
(B) identifies any additional authorities that may be
required to assist the Secretary of Homeland Security and the
Secretary of Defense to fully implement this section.
(2) Program evaluation and report.--
(A) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsection (c).
(B) Report.--Not later than October 1, 2025, the
Comptroller General shall submit a report to the appropriate
congressional committees that describes the results of the
evaluation conducted pursuant to subparagraph (A).
______