[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3152-S3153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself, Mr. Blumenthal, Mr. Booker, Mr.
Menendez, Mr. Murphy, Mr. Padilla, and Mr. Whitehouse):
S. 2381. A bill to require the search and retention of certain
records with respect to conducting criminal background checks, and for
other purposes; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Madam President, today I am reintroducing legislation
that would help bolster the Nation's background check system for
firearms.
Under current law, incomplete background checks must be removed from
the FBl's systems if they remain unresolved beyond the 88-day mark. As
a result, countless firearms have been sold without completed
background checks. This poses a grave danger because it allows
individuals who we know are dangerous to purchase firearms.
In recent years, gun sales across America have dramatically
increased. In 2022, about 17.4 million guns were sold in the United
States. Unfortunately, this surge in purchases has overwhelmed our
already-strained background check system.
While the vast majority of background checks are promptly completed
within 3 days, the sheer volume of checks means that some checks will
necessarily be delayed--and sometimes significantly delayed.
According to data compiled by NBC News, between January 2020 and
November 2021, the FBI was unable to resolve 734,604 background checks
within the current 88-day window. As a result of these delays, the FBI
was required to wipe the incomplete checks from their systems. Since
these background checks were never completed, it is impossible to know
how many of these firearms were transferred to purchasers who were
prohibited by law from owning a gun.
Congress must act to protect public safety by ensuring that all
background checks are completed.
This bill would do exactly that. It would grant the FBI the authority
to retain gun purchase records until a background check is fully
completed. Put simply, this bill will let the FBI do its job.
I thank Senators Blumenthal, Booker, Menendez, Murphy, Padilla, and
Whitehouse for their support, and I urge the rest of my colleagues to
support the bill as well.
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By Mr. DURBIN (for himself and Mr. Rounds):
S. 2384. A bill to provide lawful permanent resident status for
certain advanced STEM degree holders, and for other purposes; to the
Committee on the Judiciary.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2384
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 ``Keep STEM Talent Act of
2023''.
SEC. 2. VISA REQUIREMENTS.
(a) Graduate Degree Visa Requirements.--To be approved for
or maintain nonimmigrant status under section 101(a)(15)(F)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)), a student seeking to pursue an advanced
degree in a STEM field (as defined in section
201(b)(1)(F)(ii) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)(F)(ii))) (as amended by section 3(a)) for a
degree at the master's level or higher at a 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)) must
apply for admission prior to beginning such advanced degree
program.
(b) Strengthened Vetting Process.--The Secretary of
Homeland Security and the Secretary of State shall establish
procedures to ensure that aliens described in subsection (a)
are admissible pursuant to section 212(a)(3)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)).
Such procedures shall ensure that such aliens seeking
admission from within the United States undergo verification
of academic credentials, comprehensive background checks, and
interviews in a manner equivalent to that of an alien seeking
admission from outside of the United States. To the greatest
extent practicable, the Secretary of Homeland Security and
the Secretary of State shall also take steps to ensure that
such applications for admission are processed in a timely
manner to allow the pursuit of graduate education.
(c) Reporting Requirement.--The Secretary of Homeland
Security and the Secretary of State shall submit an annual
report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives detailing the implementation and
effectiveness of the requirement for foreign graduate
students pursuing advanced degrees in STEM fields to seek
admission prior to pursuing a graduate degree program. The
report shall include data on visa application volumes,
processing times, security outcomes, and economic impacts.
SEC. 3. LAWFUL PERMANENT RESIDENT STATUS FOR CERTAIN ADVANCED
STEM DEGREE HOLDERS.
(a) Aliens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F)(i) Aliens who--
``(I) have earned a degree in a STEM field at the master's
level or higher while physically present in the United States
from a 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))) accredited by an accrediting entity
recognized by the Department of Education;
``(II) have an offer of employment from, or are employed
by, a United States employer to perform work that is directly
related to
[[Page S3153]]
such degree at a rate of pay that is higher than the median
wage level for the occupational classification in the area of
employment, as determined by the Secretary of Labor; and
``(III) have an approved labor certification under section
212(a)(5)(A)(i); or
``(IV) are the spouses and children of aliens described in
subclauses (I) through (III) who are accompanying or
following to join such aliens.
``(ii) In this subparagraph, the term `STEM field' means a
field of science, technology, engineering, or mathematics
described in the most recent version of the Classification of
Instructional Programs of the Department of Education
taxonomy under the summary group of--
``(I) computer and information sciences and support
services;
``(II) engineering;
``(III) mathematics and statistics;
``(IV) biological and biomedical sciences;
``(V) physical sciences;
``(VI) agriculture sciences; or
``(VII) natural resources and conservation sciences.''.
(b) Procedure for Granting Immigration Status.--Section
204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(F)) is amended--
(1) by striking ``203(b)(2)'' and all that follows through
``Attorney General''; and
(2) by inserting ``203(b)(2), 203(b)(3), or 201(b)(1)(F)
may file a petition with the Secretary of Homeland
Security''.
(c) Labor Certification.--Section 212(a)(5)(D) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(D)) is
amended by inserting ``section 201(b)(1)(F) or under'' after
``adjustment of status under''.
(d) Dual Intent for F Nonimmigrants Seeking Advanced STEM
Degrees at United States Institutions of Higher Education.--
Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)
and1184(b)), an alien who is a bona fide student admitted to
a program in a STEM field (as defined in subparagraph (F)(ii)
of section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1))) for a degree at the master's level or
higher at a 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))) accredited by an accrediting entity
recognized by the Department of Education may obtain a
student visa, be admitted to the United States as a
nonimmigrant student, or extend or change nonimmigrant status
to pursue such degree even if such alien seeks lawful
permanent resident status in the United States. Nothing in
this subsection may be construed to modify or amend section
101(a)(15)(F)(i) or 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F)(i) or 1184(b)), or any
regulation interpreting these authorities for an alien who is
not described in this subsection.
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