Strategy on artificial intelligence and innovation talent

(a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Office of Science and Technology Policy and the Secretary of State, and with input from members of industry, stakeholders, and the public, shall develop and publish a strategy to ensure that Federal policies, regulations, guidance, and practices are aligned, to the maximum extent consistent with existing law, with the goal of advancing the ability of the United States to attract, admit, retain, and appropriately vet foreign talent and cultivate domestic talent who can— (1) promote United States leadership and dominance in artificial intelligence and other critical and emerging technologies, including through the creation of new economic opportunities for citizens of the United States; and (2) strengthen the broader ecosystem of scientific, technological, and entrepreneurial innovation. (b) Required elements The strategy required under subsection (a) shall include the following: (1) Competitive barriers An assessment of how current Federal statutes, policies, regulations, guidance, and practices affect the ability of the United States to compete with foreign adversaries in attracting and retaining individuals contributing to artificial intelligence and to scientific, technological, and entrepreneurial innovation more broadly. (2) Innovation and commercialization An assessment of how immigration-related statutes, policies, regulations, guidance, and practices affect entrepreneurship, company formation, and the development, scaling, and commercialization of new technologies in the United States. (3) Retention of United States-trained talent (A) In general An evaluation of options to improve immigration pathways for and the retention of foreign nationals educated or trained in the United States, including researchers, engineers, and founders whose work contributes to technological leadership, innovation, and economic competitiveness. (B) Skill development The evaluation required in subparagraph (A) shall examine how to ensure relevant skills are developed in citizens of the United States, including through direct skill transference, joint ventures in specific industries, and apprenticeship programs in specialized skill areas. (4) Talent identification (A) In general An assessment of the need for and potential implementation of a dedicated talent identification organization within the Government or the private sector to— (i) identify top needed technical and specialized talent willing to work in the United States; and (ii) work with agencies to address any barriers for such talent to work in the United States, where compatible with the national security of the United States. (B) High-priority occupations The assessment required in subparagraph (A) shall identify high-priority occupations, predict the number of individuals that will be needed to fill each of these occupations each year over the next 5 calendar years, and analyze in detail whether there will be sufficient domestic talent to fill these occupations. (5) National security and vetting (A) In general A description of measures to ensure risk-based screening and vetting procedures to protect national security from foreign adversaries, including the safeguarding of sensitive technologies and intellectual property, such as process innovations gained from hands-on work and research in critical industries. (B) Risk Such a description shall include steps taken, including screening and vetting procedures, to identify and address specific risks within the immigration and education systems of the United States that may be exploited by foreign adversary nations in order to compete with the United States economically or act in ways that jeopardize the national security of the United States. (6) Metrics and benchmarks The identification of metrics and benchmarks, including where practicable measures of processing times, retention outcomes, and competitiveness relative to foreign adversaries, to evaluate progress in strengthening United States competitiveness in artificial intelligence and innovation while addressing national security risks. (7) Administrative policy and regulatory recommendations Recommendations for administrative, regulatory, or policy actions that can be taken under existing authority to reduce unnecessary barriers, improve efficiency and predictability, and enhance the global competitiveness of the United States in attracting, retaining, and cultivating such talent, including revisions to the H–1B nonimmigrant visa registration and selection process, including the lottery system and the selection cap, to make sure that the H–1B program attracts the talent that would best support the competitiveness and needs of the United States. (8) Public and private recommendations Recommendations for how Federal agencies can better partner with industry and the private sector to attract and retain talent, including means to improve industry recruitment, headhunting, and sponsorship planning. (9) Legislative recommendations Recommendations for legislative changes, including— (A) changes to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), that would further advance the goals of the strategy; and (B) the creation of a visa class specifically focused on facilitating immigration pathways for entrepreneurs in high-priority sectors, including artificial intelligence and quantum technologies. (10) Interagency coordination A description of how relevant Federal departments and agencies will coordinate to implement the strategy. (c) Form The strategy required under subsection (a) shall be submitted to the appropriate committees of Congress in unclassified form but may include a classified annex. (d) Report on implementation Not later than 2 years after the submission of the strategy required under subsection (c), the Secretary of Homeland Security shall publish and submit to the appropriate committees of Congress a report on the implementation of the strategy, including— (1) a description of actions taken to implement the strategy; (2) progress measured according to the metrics and benchmarks identified under subsection (b)(6); and (3) any updates to the recommendations.