[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15843-S15844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 1949. 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; to 
the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, one of the greatest challenges we face 
today is how to address the needs of failed states--or countries that 
are on the verge of becoming failed states--and how to rebuild post-
conflict countries. It is a critical issue, and one that we cannot 
afford to get wrong--for the sake of the people living in those 
nations, and for the sake of our own security.
  Last January, a bipartisan commission organized by the Center for 
Strategic and International Studies and the Association of the U.S. 
Army found to no one's surprise that ``failed states matter--for 
national security as well as for humanitarian reasons. If left to their 
own devices, such states can become sanctuaries for terrorist networks, 
organized crime and drug traffickers, as well as posing grave 
humanitarian challenges and threats to regional stability.''
  The most obvious case in point is the reconstruction of Iraq. I've 
spent many hours on this floor making clear that we have to get it 
right in Iraq. And in addition to Iraq, unfortunately, we can talk 
about many other states that are either unstable, or are tenuously 
recovering from past conflicts including Liberia, Afghanistan, East 
Timor, Kosovo, Bosnia, Haiti, and Somalia. We need comprehensive 
strategies to address the many needs in rebuilding all of these 
struggling countries.
  A significant component of reconstruction, in my view, is to tap into 
the store of human as well as financial resources here in the United 
States. We should allow, and indeed encourage, immigrants from post-
conflict countries to use their skills, talents,and knowledge to be 
part of the efforts to rebuild. In fact, the diaspora presents one of 
the best collective resources that exists: these people know the 
communities. They know the culture. They know the language--more than 
any contractors, more than any humanitarian workers from the outside, 
no matter how well-trained, no matter how much expertise they may have.
  So today, Mr. President, I am introducing legislation creating a visa 
``Return of Talent'' program.
  The idea is simple: a Return of Talent program would allow legal 
immigrants in the United States to return home to help with 
reconstruction. ``Legal Permanent Residents'' will be able to return 
temporarily to their countries after a conflict to help rebuild, 
without their time out of the United States affecting their ability to 
meet their requirements for U.S. citizenship.
  Under current law, a Legal Permanent Resident who want to apply for 
U.S. citizenship is required to be physically present in the United 
States for at least half of the five years immediately preceding the 
date of filing the naturalization application.
  This residency requirement could be particularly difficult to meet 
for those who may have family and friends at home who are in desperate 
need of help. We should not stand in their way of going home, holding 
over them their hope for citizenship here in the United States. We 
should be helping them bring their talent and expertise home, helping 
them help their country of origin at a time of greatest need.
  Recent press articles have highlighted stories of such indivduals--
engineers, bankers, teachers and translators--who are willing to 
contribute to reconstruction efforts. They simply cannot do so without 
jeopardizing their immigration status.
  This legislation would encourage those skilled and committed 
individuals to return to their countries of origin to revive the 
business, industry, agriculture, education and other sectors that have 
been weakened or destroyed after years of conflict.
  The Return of Talent program would include any individual who 
demonstrates an ability and willingness to make a material contribution 
to the post-conflict reconstruction in their countries of origin.
  The program would apply to immigrants from countries where U.S. armed 
forces are, or have engaged in the past ten years, in armed conflict or 
peacekeeping, or to immigrants who are from countries where the United 
Nations Security Council has authorized peacekeeping operations in the 
past ten years.
  Estimates of individuals who could participate in this program are 
relatively low. For example, the United States admitted 1,764 Afghani 
and 5,196 Iraqi immigrants in 2002, and similar levels since 1992, who 
are not Legal Permanent Residents eligible to pursue U.S. citizenship. 
Yet, while the program would have a small impact on the U.S. 
naturalization process, the contributions of even a few hundred 
individuals could have a tremendous positive effect on post-conflict 
reconstruction work.
  In simple terms, a Return of Talent program makes sense. Everybody 
wins: The United States is able to support rebuilding efforts; 
immigrants are able to use their skills and resources to help rebuild 
their communities without jeopardizing their immigration status; and 
post-conflict countries, and the people in them, receive much-needed 
assistance.
  We have not done enough in Iraq, Afghanistan and many other countries 
that are--or are on the verge of becoming--failed states. As the 
``Winning the Peace'' report also states, ``Despite over a decade of 
recent experience in trying to address the challenges of . . . 
rebuilding countries following conflict, U.S. capacity of addressing 
these challenges remains woefully inadequate.''

[[Page S15844]]

  A Return of Talent program is an important piece of our overall 
strategy to stabilize and rebuild countries torn by conflict. I urge my 
colleagues to support his legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record as follows:

                                S. 1949

       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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