Return of Talent Act

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                S. 1949

   To establish the Return of Talent Program to allow aliens who are
   legally present in the United States to return temporarily to the
country of citizenship of the alien if that country is engaged in post-
            conflict reconstruction, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 24, 2003

   Mr. Biden introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

   To establish the Return of Talent Program to allow aliens who are
   legally present in the United States to return temporarily to the
country of citizenship of the alien if that country is engaged in post-
            conflict reconstruction, and for other purposes.

    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 ``Return of Talent Act''.

SEC. 2. RETURN OF TALENT PROGRAM.

    (a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the
following:

 ``temporary absence of persons participating in the return of talent
                                program

    ``Sec. 317A. (a) In General.--The Secretary of Homeland Security
shall establish the Return of Talent Program to permit eligible aliens
to temporarily return to the alien's country of citizenship in order to
make a material contribution to that country if the country is engaged
in post-conflict reconstruction activities, for a period not exceeding
24 months, unless an exception is granted under subsection (d).
    ``(b) Eligible Alien.--An alien is eligible to participate in the
Return of Talent Program established under subsection (a) if the alien
meets the special immigrant description under section 101(a)(27)(N).
    ``(c) Family Members.--The spouse, parents, siblings, and any
children of an alien who participates in the Return of Talent Program
established under subsection (a) may return to such alien's country of
citizenship with the alien and reenter the United States with the
alien.
    ``(d) Extension of Time.--The Secretary of Homeland Security may
extend the 24-month period referred to in subsection (a) upon a showing
that circumstances warrant that an extension is necessary for post-
conflict reconstruction efforts.
    ``(e) Residency Requirements.--An immigrant described in section
101(a)(27)(N) who participates in the Return of Talent Program
established under subsection (a), and the spouse, parents, siblings,
and any children who accompany such immigrant to that immigrant's
country of citizenship, shall be considered, during such period of
participation in the program--
            ``(1) for purposes of section 316(a), physically present
        and residing in the United States for purposes of
        naturalization within the meaning of that section; and
            ``(2) for purposes of section 316(b), to meet the
        continuous residency requirements in that section.
    ``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall oversee
and enforce the requirements of this section.''.
    (b) Table of Contents.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 317 the following:

``317A. Temporary absence of persons participating in the Return of
                            Talent Program.''.

SEC. 3. ELIGIBLE IMMIGRANTS.

    Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) is amended--
            (1) in subparagraph (L), by inserting a semicolon after
        ``Improvement Act of 1998'';
            (2) in subparagraph (M), by striking the period and
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(N) an immigrant who--
                    ``(i) has been lawfully admitted to the United
                States for permanent residence;
                    ``(ii) demonstrates an ability and willingness to
                make a material contribution to the post-conflict
                reconstruction in the alien's country of citizenship;
                and
                    ``(iii) as determined by the Secretary of State in
                consultation with the Secretary of Homeland Security--
                            ``(I) is a citizen of a country in which
                        Armed Forces of the United States are engaged,
                        or have engaged in the 10 years preceding such
                        determination, in combat or peacekeeping
                        operations; or
                            ``(II) is a citizen of a country where
                        authorization for United Nations peacekeeping
                        operations was initiated by the United Nations
                        Security Council during the 10 years preceding
                        such determination.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 24 months after the date of enactment of this Act,
the Secretary of Homeland Security shall submit a report to Congress
that describes--
            (1) the countries of citizenship of the participants in the
        Return of Talent Program established under section 2;
            (2) the post-conflict reconstruction efforts that
        benefited, or were made possible, through participation in the
        program; and
            (3) any other information that the Secretary of Homeland
        Security determines to be appropriate.

SEC. 5. REGULATIONS.

    Not later than 6 months after the date of enactment of this Act,
the Secretary of Homeland Security shall promulgate regulations to
carry out this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Bureau of Citizenship
and Immigration Services for each of the fiscal years 2004 and 2005,
such sums as may be necessary to carry out this Act.
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