[Congressional Record Volume 152, Number 32 (Tuesday, March 14, 2006)]
[Senate]
[Pages S2126-S2128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Lugar):
  S. 2413. 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; to the Committee on the Judiciary.

  Mr. BIDEN. Mr. President, two of the greatest challenges we face 
today are how to address the needs of post-conflict countries, and 
countries that are suffering from large-scale natural disasters. These 
are critical issues, and ones that we cannot afford to get

[[Page S2127]]

wrong--for the sake of the people living in those nations, and for the 
sake of our own security.
  On the post-conflict front, a 2004 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, for three years, 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, Haiti, and the Democratic Republic of 
Congo.
  Earthquakes, floods, drought and landslides often have the most dire 
impacts in developing countries that are the least equipped to respond. 
The countries ravaged by the 2004 tsunami are on a path to recovery, 
but there is still a long way to go: Indonesia lost over 150,000 
people, with half a million left homeless. In India, almost 20,000 
people lost their lives and 2.79 million people were affected, losing 
homes, land, and livestock. The tsunami set back the Maldives twenty 
years in development, eviscerating the country's economic backbone and 
tourism industry.
  Recent years also saw devastating natural disasters in other parts of 
the world. Earthquakes in Iran affected more than 30,000 people. 
Catastrophic floods in Bangladesh left thousands dead and hundreds of 
thousands homeless. Recurring droughts in Afghanistan left over 130,000 
people--some 92 percent of the population--in need of food or aid.
  We need comprehensive--and creative--strategies to address the need 
to rebuild in countries on the rebound from conflicts or natural 
disasters. One such strategy 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 to use their skills, talents, and 
knowledge to help rebuild their native lands. In fact, the diaspora 
presents one of the best collective resources that exists: these 
individuals know the communities. They know the culture. They know the 
language--more than any contractors and more than any humanitarian 
workers from the outside, no matter how well trained or how much 
expertise they may have.
  So today, I am introducing legislation that would create a ``Return 
of Talent'' visa 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 efforts. ``Legal Permanent Residents'' will be able to 
return temporarily to their countries after a conflict or a significant 
natural disaster to help rebuild, without their time out of the United 
States affecting their ability to meet the requirements for U.S. 
citizenship.
  Under current law, a Legal Permanent Resident who wants 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 in their country of origin 
who are in desperate need of help. We should not stand in their way of 
returning, allowing them to bring their talent and expertise home, 
helping them help others at a time of greatest need.
  Press articles have highlighted stories of such individuals--
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, health and other sectors 
that have been weakened or destroyed after years of conflict or 
devastating disasters.
  The Return of Talent program would include any individual who 
demonstrates an ability and willingness to make a material contribution 
to the post-conflict or natural disaster reconstruction in their 
country of origin.
  The program would apply to immigrants from countries where U.S. armed 
forces have engaged in armed conflict or peacekeeping, or countries 
where the United Nations Security Council has authorized peacekeeping 
operations in the past ten years. Immigrants from countries which 
received funding from the U.S. Office of Foreign Disaster Assistance 
also would be eligible to participate in the program.
  Estimates of individuals who could participate in this program are 
relatively low. For example, the United States admitted 2,137 Afghani 
and 3,494 Iraqi immigrants in 2004 who are now Legal Permanent 
Residents eligible to pursue U.S. citizenship. Immigrants from 
Indonesia numbered 2,418 and Bangladesh, 8,061 in the same year. 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 reconstruction work.
  In simple terms, a Return of Talent program makes sense. Everybody 
wins: The United States is able to support badly needed rebuilding 
efforts without increasing foreign aid; immigrants are able to use 
their skills and resources to help communities without jeopardizing 
their immigration status; and the people recovering from conflict and 
disaster receive much-needed assistance.
  A Return of Talent program is an important piece of our overall 
strategy to stabilize and rebuild countries torn by conflict and 
devastated by natural disaster. I urge my colleagues to support this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2413

       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:


[[Page S2128]]


``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.
                                 ______