S.Amdt. 6403

1. Adds SEC. ___. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION BASE wherever appropriate

   Adds a section

   Inserted: SEC. ___. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION BASE.

   Inserted: (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 each child 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--

   Inserted: (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

   Inserted: (2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for lawful permanent residence.

   Inserted: (b) Aliens Described.--An alien is described in this subsection if--

   Inserted: (1) the alien--

   Inserted: (A) is a current or past participant in research funded by the Department of Defense;

   Inserted: (B) is a current or past employee or contracted employee of the Department of Defense;

   Inserted: (C) earned a master's, doctoral, or professional degree from an accredited United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), or completed a graduate fellowship or graduate medical education at an accredited United States institution of higher education, that entailed research in a field of importance to the national security of the United States, as determined by the Secretary of Defense;

   Inserted: (D) is a current employee of, or has a documented job offer from, a company that develops new technologies or cutting-edge research that contributes to the national security of the United States, as determined by the Secretary of Defense; or

   Inserted: (E) is a founder or co-founder of a United States-based company that develops new technologies or cutting-edge research that contributes to the national security of the United States, as determined by the Secretary of Defense; and

   Inserted: (2) the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the alien possesses scientific or technical expertise that will contribute to the national security of the United States.

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   Inserted: (c) Numerical Limitations.--

   Inserted: (1) In general.--The total number of principal aliens who may be provided special immigrant status under this section may not exceed--

   Inserted: (A) 10 in each of fiscal years 2023 through 2032; and

   Inserted: (B) 100 in fiscal year 2033 and each fiscal year thereafter.

   Inserted: (2) Exclusion from numerical limitation.--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)).

   Inserted: (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 subsection (b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).

   Inserted: (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 section 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.

   Inserted: (f) 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 the provisions in this section, which shall include procedures for--

   Inserted: (1) processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and

   Inserted: (2) thorough processing of any required security clearances.

   Inserted: (g) Fees.--The Secretary of Homeland Security shall establish a fee--

   Inserted: (1) to be charged and collected to process an application filed under this section; and

   Inserted: (2) that 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.

   Inserted: (h) Implementation Report Required.--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 to the appropriate committees of Congress a report that includes--

   Inserted: (1) a plan for implementing the authorities provided under this section; and

   Inserted: (2) identification of any additional authorities that may be required to assist the Secretaries in fully implementing this section.

   Inserted: (i) Program Evaluation and Report.--

   Inserted: (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 (g).

   Inserted: (2) Report.--Not later than October 1, 2026, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the evaluation conducted under paragraph (1).

   Inserted: (j) Definitions.--In this section:

   Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

   Inserted: (A) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and

   Inserted: (B) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives.

   Inserted: (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 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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As printed