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 reconstruction, and for other purposes.

November 24, 2003

Mr. BIDEN introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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 reconstruction, and for other purposes.

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 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 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 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 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 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 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; or

`(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.'.

SEC. 4. REPORT TO CONGRESS.

Not later than 24 months after the date of enactment of this Act, the Secretary of Homeland Security 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 reconstruction efforts that benefited, 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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Bureau of Citizenship and Immigration Services for each of the fiscal years 2004 and 2005, such sums as may be necessary to carry out this Act.

END