[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.''.
                                 ______