[Congressional Record Volume 170, Number 81 (Thursday, May 9, 2024)]
[Senate]
[Page S3656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself, Mr. Heinrich, Mr. Rounds, and Mr.
Lujan):
S. 4301. A bill to grant States and Indian Tribes the authority to
waive the 2-year foreign residence requirement for educators in rural
and Tribal areas, and for other purposes; to the Committee on the
Judiciary.
Mr. THUNE. Madam President, 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. 4301
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF DEFINITIONS TO INCLUDE INDIAN
TRIBES.
Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended--
(1) in paragraph (36), by striking ``and the Commonwealth
of the Northern Mariana Islands'' and inserting ``the
Commonwealth of the Northern Mariana Islands, and each Indian
Tribe''; and
(2) by adding at the end the following:
``(53) The term `Indian Tribe' has the meaning given that
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e)).
``(54) The terms `Tribal government' and `Tribal entity'
mean the recognized governing body of an Indian Tribe.
``(55) The term `State educational agency' has the meaning
given that term in section 8101(49) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(49))''.
SEC. 2. EXCHANGE VISITOR VISA EXTENSION FOR EDUCATORS IN
RURAL AND TRIBAL AREAS.
Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) If the Governor of a State or a Tribal government
requests a waiver of the 2-year foreign residence requirement
under section 212(e) on behalf of an alien described in
clause (i) or (ii) of that section who is a primary or
secondary school teacher or an education specialist in that
State, the Secretary of Homeland Security may not grant such
a waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the
United States Information Agency with a statement in writing
that it has no objection to such waiver;
``(B) the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 30;
``(C) the alien demonstrates a bona fide offer of full-time
employment as a teacher or an education specialist at a
primary or secondary school in a rural or Tribal area in that
State; and
``(D)(i) in the case of a request made by a Governor, the
alien agrees to begin employment with such a primary or
secondary school not later than 90 days after receiving such
waiver, and agrees to continue to work for a total of not
less than 3 years (unless the Secretary of Homeland Security
determines that extenuating circumstances exist, such as
closure of the school or hardship to the alien, which would
justify a lesser period of employment at the school, in which
case the alien must demonstrate another bona fide offer of
employment at a primary or secondary school for the remainder
of such 3-year period), in rural and underserved area (as
defined by the State educational agency); or
``(ii) in the case of a request made by a Tribal
government, the alien--
``(I) agrees to begin employment with such a primary or
secondary school of an Indian Tribe, including any Bureau of
Indian Education funded school operated pursuant to a grant
under the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2501 et seq.) or a contract under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.), not later than 90 days after receiving such waiver;
and
``(II) agrees to continue to work for a total of not less
than 3 years (unless the Secretary of Homeland Security
determines that extenuating circumstances exist, such as
closure of the school or hardship to the alien, which would
justify a lesser period of employment at the school, in which
case the alien must demonstrate another bona fide offer of
employment at a primary or secondary school for the remainder
of such 3-year period).
``(2)(A) Notwithstanding section 248(a)(2), the Secretary
of Homeland Security may change the status of an alien who
qualifies under this subsection and section 212(e) to that of
an alien described in section 101(a)(15)(H)(i)(b). The
numerical limitations contained in subsection (g)(1)(A) shall
not apply to any alien whose status is changed pursuant to
this subparagraph, if the alien obtained a waiver of the 2-
year foreign residence requirement upon a request by an
interested Federal agency or an interested State agency.
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of
the contract with the primary or secondary school named in
the waiver application shall be eligible to apply for an
immigrant visa, for permanent residence, or for any other
change of nonimmigrant status, until such person has resided
and been physically present in the country of his or her
nationality or his or her last residence for an aggregate of
at least 2 years following his or here departure from the
United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (i) or (ii) of such section who has not otherwise
been accorded status under section 101(a)(27)(H), if at any
time the alien ceases to comply with any agreement entered
into under pursuant to paragraph (1)(C).
``(4) Any spouse or children of an alien granted a waiver
under this subsection shall be included in such waiver.
``(5) In the case of a request submitted under paragraph
(1) by a Tribal entity, the Governor of the State in which
the Tribal entity is located may endorse such request.''.
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