[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2974 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2974

   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

                            February 2, 2010

 Mr. Lugar (for himself and Mr. Leahy) 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 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 extension of time 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 requirements for a special immigrant 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.--A special immigrant described in 
section 101(a)(27)(N) who participates in the Return of Talent Program, 
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) to be physically present and residing in the United 
        States for purposes of naturalization under section 316(a); and
            ``(2) to meet the continuous residency requirements under 
        section 316(b).
    ``(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) has been determined by the Secretary of 
                State, in consultation with the Secretary of Homeland 
                Security, to be a citizen of--
                            ``(I) a country in which the Armed Forces 
                        of the United States are engaged, or have been 
                        engaged during the 10-year period preceding 
                        such determination, in combat or peacekeeping 
                        operations;
                            ``(II) a country in which authorization for 
                        United Nations peacekeeping operations was 
                        initiated by the United Nations Security 
                        Council during the 10-year period preceding 
                        such determination; or
                            ``(III) a country which received, during 
                        the preceding 2 years, financial assistance 
                        from the Office of Foreign Disaster Assistance 
                        of the United States Agency for International 
                        Development in response to a disaster in such 
                        country 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 the 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 317A of the 
        Immigration and Nationality Act, as added by 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 the 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 United States 
Citizenship and Immigration Services such sums as may be necessary for 
fiscal year 2011 to carry out this Act and the amendments made by this 
Act.
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