[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2974 Reported in Senate (RS)]
Calendar No. 338
111th CONGRESS
2d Session
S. 2974
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2010
Mr. Lugar (for himself, Mr. Leahy, Mr. Feingold, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
March 26 (legislative day, March 25), 2010
Reported by Mr. Leahy, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Return of Talent
Act''.</DELETED>
<DELETED>SEC. 2. RETURN OF TALENT PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``temporary absence of persons participating in the return of
talent program</DELETED>
<DELETED> ``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 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 extension of time is granted under
subsection (d).</DELETED>
<DELETED> ``(b) Eligible Alien.--An alien is eligible to participate
in the Return of Talent Program established under subsection (a) if the
alien meets the requirements for a special immigrant under section
101(a)(27)(N).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Residency Requirements.--A special immigrant
described in section 101(a)(27)(N) who participates in the Return of
Talent Program, 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--</DELETED>
<DELETED> ``(1) to be physically present and residing in the
United States for purposes of naturalization under section
316(a); and</DELETED>
<DELETED> ``(2) to meet the continuous residency
requirements under section 316(b).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``317A. Temporary absence of persons participating in the
Return of Talent Program.''.
<DELETED>SEC. 3. ELIGIBLE IMMIGRANTS.</DELETED>
<DELETED> Section 101(a)(27) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)) is amended--</DELETED>
<DELETED> (1) in subparagraph (L), by inserting a semicolon
after ``Improvement Act of 1998'';</DELETED>
<DELETED> (2) in subparagraph (M), by striking the period
and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(N) an immigrant who--</DELETED>
<DELETED> ``(i) has been lawfully admitted to the
United States for permanent residence;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) has been determined by the
Secretary of State, in consultation with the Secretary
of Homeland Security, to be a citizen of--</DELETED>
<DELETED> ``(I) a country in which the Armed
Forces of the United States are engaged, or
have been engaged during the 10-year period
preceding such determination, in combat or
peacekeeping operations;</DELETED>
<DELETED> ``(II) a country in which
authorization for United Nations peacekeeping
operations was initiated by the United Nations
Security Council during the 10-year period
preceding such determination; or</DELETED>
<DELETED> ``(III) a country which received,
during the preceding 2 years, financial
assistance from the Office of Foreign Disaster
Assistance of the United States Agency for
International Development in response to a
disaster in such country that is beyond the
ability of such country's response capacity and
warrants a response by the United States
Government.''.</DELETED>
<DELETED>SEC. 4. REPORT TO CONGRESS.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the post-conflict or natural disaster
reconstruction efforts that benefitted, or were made possible,
through participation in the program; and</DELETED>
<DELETED> (3) any other information that the Secretary of
Homeland Security determines to be appropriate.</DELETED>
<DELETED>SEC. 5. REGULATIONS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to United States
Citizenship and Immigration Services such sums as may be necessary for
fiscal year 2011 to carry out this Act and the amendments made by this
Act.</DELETED>
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 a lawful permanent resident (if such status
has not been terminated, rescinded, abandoned, or challenged in removal
proceedings) to temporarily return to the lawful permanent resident's
country of citizenship or nationality to make a material contribution
to that country if the country is engaged in post-conflict or natural
disaster reconstruction activities, or to temporarily provide medical
services in a country pursuant to subsection (b)(1)(B), for a period
not exceeding 1 year, unless an extension of time is granted under
subsection (d).
``(b) Eligibility Requirements.--(1) A lawful permanent resident
may be considered as being physically present and residing in the
United States for the purposes of naturalization under section 316(a),
notwithstanding a temporary absence from the United States, if--
``(A)(i) such temporary absence was solely for the purpose
of engaging in post-conflict or natural disaster reconstruction
and rebuilding activities or to provide medical services in the
lawful permanent resident's country of citizenship or
nationality; and
``(ii) the Secretary of Homeland Security, in consultation
with the Secretary of State, determines that the alien is a
citizen or national of a country in which--
``(I) the Armed Forces of the United States are
engaged, or have been engaged, in combat or
peacekeeping operations, during the 5-year period
preceding such determination;
``(II) authorization for United Nations
peacekeeping operations was initiated by the United
Nations Security Council during the 5-year period
preceding the determination; or
``(III) financial assistance from the Office of
Foreign Disaster Assistance of the United States Agency
for International Development was issued, during the 2-
year period preceding such determination, in response
to a disaster in such country that is beyond the
ability of such country's response capacity and
warrants a response by the United States Government; or
``(B)(i) the lawful permanent resident is a physician or
other health care worker; and
``(ii) such temporary absence was solely for the purpose of
providing medical services in a country that--
``(I) is described in paragraph (1)(A)(ii); or
``(II) the Secretary of State has determined to be
eligible for assistance from the International
Development Association because its per capita income
is equal to or less than the threshold established by
the International Development Association for the
applicable fiscal year; and
``(C)(i) prior to such temporary absence, the lawful
permanent resident has established, to the satisfaction of the
Secretary of Homeland Security, that his or her absence from
the United States will be solely for the purpose of performing
the activities or services described in subparagraph (A)(i) or
(B)(ii); and
``(ii) after the conclusion of such temporary absence, the
person proves, to the satisfaction of the Secretary of Homeland
Security, that his or her absence from the United States has
been solely for such purpose.
``(2) The lawful permanent resident has the burden to prove, to the
satisfaction of the Secretary, that his or her absence from the United
States will be and has been solely for the purpose of performing the
activities or services described in subparagraph (A)(i) or (B)(ii) of
paragraph (1).
``(3) The Secretary of Homeland Security, in consultation with the
Secretary of State, may prescribe, by regulation, the form and manner
for lawful permanent residents seeking preservation of residence to
demonstrate eligibility under this section.
``(4) The Secretary may authorize up to 1,000 aliens in any fiscal
year to obtain preservation of residence and physical presence under
this subsection for purposes of naturalization under section 316(a).
``(c) Family Members.--(1) The spouse and any minor, dependent
unmarried son or daughter who resides in the same household as the
lawful permanent resident who participates in the Return of Talent
Program may return to such alien's country of citizenship or
nationality with the lawful permanent resident, or accompany such alien
providing medical services pursuant to subsection (b)(1)(B), and
reenter the United States with such lawful permanent resident, if
otherwise admissible.
``(2) The spouse and minor, dependent, and unmarried sons and
daughters who are members of the household of a lawful permanent
resident who qualifies for preservation of residence under this section
are entitled to the same benefit during the period for which they are
residing outside the United States as dependent members of the
household of such lawful permanent resident.
``(d) Extension of Time.--The Secretary of Homeland Security may
extend the 1-year period referred to in subsection (a) for an
additional 6 months upon a showing that an extension is necessary for
post-conflict or natural disaster reconstruction efforts or for the
provision of medical services.''.
(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. 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;
(3) the medical services provided pursuant to section
317A(b)(1) of the Immigration and Nationality Act, as added by
section 2(a); and
(4) any other information that the Secretary of Homeland
Security determines to be appropriate.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to United States
Citizenship and Immigration Services such sums as may be necessary for
fiscal year 2011 to carry out this Act and the amendments made by this
Act.
Amend the title so as to read: ``A bill to establish the
Return of Talent Program to allow lawful permanent residents
who return temporarily to their country of citizenship or
nationality for the purpose of making a material contribution
to reconstruction efforts in his or her country to have the
time spent in such country count towards the naturalization
physical presence requirement, if the country is engaged in
post-conflict or natural disaster reconstruction activities.''.
Calendar No. 338
111th CONGRESS
2d Session
S. 2974
_______________________________________________________________________
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.
_______________________________________________________________________
March 26 (legislative day, March 25), 2010
Reported with an amendment and an amendment to the title