II 

108TH CONGRESS 

1ST SESSION S. 1949

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 24, 2003

Mr. BIDEN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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 reconstruction, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Return of Talent Act’’. 
2

•S 1949 IS 

1 SEC. 2. RETURN OF TALENT PROGRAM. 

2 (a) IN GENERAL.—Title III of the Immigration and 

3 Nationality Act (8 U.S.C. 1401 et seq.) is amended by 

4 inserting after section 317 the following: 

5 ‘‘TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN

6 THE RETURN OF TALENT PROGRAM

7 ‘‘SEC. 317A. (a) IN GENERAL.—The Secretary of 

8 Homeland Security shall establish the Return of Talent 

9 Program to permit eligible aliens to temporarily return to 

10 the alien’s country of citizenship in order to make a mate11 rial contribution to that country if the country is engaged 

12 in post-conflict reconstruction activities, for a period not 

13 exceeding 24 months, unless an exception is granted under 

14 subsection (d). 

15 ‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici16 pate in the Return of Talent Program established under 

17 subsection (a) if the alien meets the special immigrant de18 scription under section 101(a)(27)(N). 

19 ‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib20 lings, and any children of an alien who participates in the 

21 Return of Talent Program established under subsection 

22 (a) may return to such alien’s country of citizenship with 

23 the alien and reenter the United States with the alien. 

24 ‘‘(d) EXTENSION OF TIME.—The Secretary of Home25 land Security may extend the 24-month period referred 

26 to in subsection (a) upon a showing that circumstances 
3

•S 1949 IS 

1 warrant that an extension is necessary for post-conflict re2 construction efforts. 

3 ‘‘(e) RESIDENCY REQUIREMENTS.—An immigrant 

4 described in section 101(a)(27)(N) who participates in the 

5 Return of Talent Program established under subsection 

6 (a), and the spouse, parents, siblings, and any children 

7 who accompany such immigrant to that immigrant’s coun8 try of citizenship, shall be considered, during such period 

9 of participation in the program—

10 ‘‘(1) for purposes of section 316(a), physically 

11 present and residing in the United States for pur12 poses of naturalization within the meaning of that 

13 section; and 

14 ‘‘(2) for purposes of section 316(b), to meet the 

15 continuous residency requirements in that section. 

16 ‘‘(f) OVERSIGHT AND ENFORCEMENT.—The Sec17 retary of Homeland Security, in consultation with the Sec18 retary of State, shall oversee and enforce the requirements 

19 of this section.’’. 

20 (b) TABLE OF CONTENTS.—The table of contents for 

21 the Immigration and Nationality Act (8 U.S.C. 1101 et 

22 seq.) is amended by inserting after the item relating to 

23 section 317 the following:

‘‘317A. Temporary absence of persons participating in the Return of Talent 

Program.’’.
4

•S 1949 IS 

1 SEC. 3. ELIGIBLE IMMIGRANTS. 

2 Section 101(a)(27) of the Immigration and Nation3 ality Act (8 U.S.C. 1101(a)(27)) is amended—

4 (1) in subparagraph (L), by inserting a semi5 colon after ‘‘Improvement Act of 1998’’; 

6 (2) in subparagraph (M), by striking the period 

7 and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(N) an immigrant who—

10 ‘‘(i) has been lawfully admitted to the 

11 United States for permanent residence; 

12 ‘‘(ii) demonstrates an ability and willing13 ness to make a material contribution to the 

14 post-conflict reconstruction in the alien’s coun15 try of citizenship; and 

16 ‘‘(iii) as determined by the Secretary of 

17 State in consultation with the Secretary of 

18 Homeland Security—

19 ‘‘(I) is a citizen of a country in which 

20 Armed Forces of the United States are en21 gaged, or have engaged in the 10 years 

22 preceding such determination, in combat or 

23 peacekeeping operations; or 

24 ‘‘(II) is a citizen of a country where 

25 authorization for United Nations peace26 keeping operations was initiated by the 
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•S 1949 IS 

1 United Nations Security Council during 

2 the 10 years preceding such determina3 tion.’’. 

4 SEC. 4. REPORT TO CONGRESS. 

5 Not later than 24 months after the date of enactment 

6 of this Act, the Secretary of Homeland Security shall sub7 mit a report to Congress that describes—

8 (1) the countries of citizenship of the partici9 pants in the Return of Talent Program established 

10 under section 2; 

11 (2) the post-conflict reconstruction efforts that 

12 benefited, or were made possible, through participa13 tion in the program; and 

14 (3) any other information that the Secretary of 

15 Homeland Security determines to be appropriate. 

16 SEC. 5. REGULATIONS. 

17 Not later than 6 months after the date of enactment 

18 of this Act, the Secretary of Homeland Security shall pro19 mulgate regulations to carry out this Act. 

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to the Bureau 

22 of Citizenship and Immigration Services for each of the 

23 fiscal years 2004 and 2005, such sums as may be nec24 essary to carry out this Act.

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