[Congressional Record Volume 153, Number 102 (Friday, June 22, 2007)]
[Senate]
[Pages S8304-S8305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Lugar):
  S. 1684. 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 postconflict countries, and 
countries that are suffering from large-scale natural disasters. These 
are critical issues, and ones 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.
  On the post-conflict front, a recent 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.''
  Currently, the most obvious case in point is the reconstruction of 
Iraq. In addition to Iraq, unfortunately, we can talk about many other 
states that are either unstable, or are tenuously recovering from past 
conflicts including Afghanistan, East Timor, Kosovo, Haiti, and the 
Democratic Republic of the 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 recovering, 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 development in the Maldives by 20 
years, devastating the country's economic backbone and tourism 
industry.
  We need comprehensive, and creative, strategies to help countries 
rebound from conflicts or natural disasters. One such strategy is to 
allow, and indeed encourage, immigrants to the United States to use 
their skills, talents, and knowledge to help rebuild their native 
lands. The diaspora is an extraordinary collective resource. 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 they may be or how 
much expertise they may have.
  So today, I am introducing legislation, as I did in the last 
Congress, that would create a ``return of talent'' visa program.
  The idea is simple: to allow legal immigrants in the United States to 
return home to help with reconstruction efforts, without jeopardizing 
their immigration status. 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 5 years immediately preceding the date 
of filing the naturalization application.
  This residency requirement could be particularly difficult to meet 
for those who have family and friends in their countries of origin who 
are in desperate need of help, and whose skills are especially in 
demand to help their countries of origin rebuild, for example, 
teachers, engineers, translators, and health care workers. We should 
not stand in their way of returning, bringing their talent and 
expertise home, and helping them help others at a time of greatest 
need.
  This legislation would encourage 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 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 10 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 the number of individuals who could participate in this 
program are relatively low. For example, the United States admitted 
4,749 Afghani and 4,077 Iraqi immigrants in 2005 who are now legal 
permanent residents eligible to pursue U.S. citizenship. Immigrants 
from Indonesia numbered 3,924 and Bangladesh, 11,487 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.
  At this moment the Senate is seized with finding a resolution to the 
massive and critical question of immigration reform. A return of talent 
program would fit well with whatever decisions we reach because, simply 
put, 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 
disrupting their path to U.S. citizenship; and communities abroad that 
are 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:

[[Page S8305]]

                                S. 1684

       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 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 the Bureau of 
     Citizenship and Immigration Services for fiscal year 2008, 
     such sums as may be necessary to carry out this Act and the 
     amendments made by this Act.

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