[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.
                                 <all>