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[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
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