II 109th CONGRESS 2d Session S. 2413 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.

1.

Short title

This Act may be cited as the Return of Talent Act.

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:

317A.

Temporary absence of persons participating in the Return of Talent Program

(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. .

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. .

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.

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.

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.