[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2413 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2413

   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 or natural disaster reconstruction, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2006

 Mr. Biden (for himself and Mr. Lugar) 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 or natural disaster 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, 
in consultation with the Secretary of State, 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 
or natural disaster 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 minor 
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 or natural disaster 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 minor 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 or 
                natural disaster 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;
                            ``(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; or
                            ``(III) is a citizen of a country which 
                        received, during the preceding 2 years, funding 
                        from the Office of Foreign Disaster Assistance 
                        of the United States Agency for International 
                        Development in response to a declared disaster 
                        in such country by the United States 
                        Ambassador, the Chief of the U.S. Mission, or 
                        the appropriate Assistant Secretary of State, 
                        that is beyond the ability of such country's 
                        response capacity and warrants a response by 
                        the United States Government.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Secretary of 
State, 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 or natural disaster reconstruction 
        efforts that benefitted, 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 and the amendments made by this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Bureau of 
Citizenship and Immigration Services for fiscal year 2007, such sums as 
may be necessary to carry out this Act and the amendments made by this 
Act.
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