II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. RETURN OF TALENT PROGRAM. 

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

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

6 inserting after section 317 the following: 

7 ‘‘TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN

8 THE RETURN OF TALENT PROGRAM

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

10 Homeland Security, in consultation with the Secretary of 

11 State, shall establish the Return of Talent Program to 

12 permit eligible aliens to temporarily return to the alien’s 

13 country of citizenship to make a material contribution to 

14 that country if the country is engaged in post-conflict or 

15 natural disaster reconstruction activities, for a period not 

16 exceeding 24 months, unless an extension of time is grant17 ed under subsection (d). 

18 ‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici19 pate in the Return of Talent Program established under 

20 subsection (a) if the alien meets the requirements for a 

21 special immigrant under section 101(a)(27)(N). 

22 ‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib23 lings, and any minor children of an alien who participates 

24 in the Return of Talent Program established under sub25 section (a) may return to such alien’s country of citizenVerDate Nov 24 2008 22:18 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2974.RS S2974

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1 ship with the alien and reenter the United States with the 

2 alien. 

3 ‘‘(d) EXTENSION OF TIME.—The Secretary of Home4 land Security may extend the 24-month period referred 

5 to in subsection (a) upon a showing that circumstances 

6 warrant that an extension is necessary for post-conflict or 

7 natural disaster reconstruction efforts. 

8 ‘‘(e) RESIDENCY REQUIREMENTS.—A special immi9 grant described in section 101(a)(27)(N) who participates 

10 in the Return of Talent Program, and the spouse, parents, 

11 siblings, and any minor children who accompany such im12 migrant to that immigrant’s country of citizenship, shall 

13 be considered, during such period of participation in the 

14 program— 

15 ‘‘(1) to be physically present and residing in the 

16 United States for purposes of naturalization under 

17 section 316(a); and 

18 ‘‘(2) to meet the continuous residency require19 ments under section 316(b). 

20 ‘‘(f) OVERSIGHT AND ENFORCEMENT.—The Sec21 retary of Homeland Security, in consultation with the Sec22 retary of State, shall oversee and enforce the requirements 

23 of this section.’’. 

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

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


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

2 section 317 the following: 

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

Program.’’. 

3 SEC. 3. ELIGIBLE IMMIGRANTS. 

4 Section 101(a)(27) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(a)(27)) is amended— 

6 (1) in subparagraph (L), by inserting a semi7 colon after ‘‘Improvement Act of 1998’’; 

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

9 and inserting ‘‘; or’’; and 

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

11 ‘‘(N) an immigrant who— 

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

13 United States for permanent residence; 

14 ‘‘(ii) demonstrates an ability and willing15 ness to make a material contribution to the 

16 post-conflict or natural disaster reconstruction 

17 in the alien’s country of citizenship; and 

18 ‘‘(iii) has been determined by the Secretary 

19 of State, in consultation with the Secretary of 

20 Homeland Security, to be a citizen of— 

21 ‘‘(I) a country in which the Armed 

22 Forces of the United States are engaged, 

23 or have been engaged during the 10-year 


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1 period preceding such determination, in 

2 combat or peacekeeping operations; 

3 ‘‘(II) a country in which authorization 

4 for United Nations peacekeeping oper5 ations was initiated by the United Nations 

6 Security Council during the 10-year period 

7 preceding such determination; or 

8 ‘‘(III) a country which received, dur9 ing the preceding 2 years, financial assist10 ance from the Office of Foreign Disaster 

11 Assistance of the United States Agency for 

12 International Development in response to a 

13 disaster in such country that is beyond the 

14 ability of such country’s response capacity 

15 and warrants a response by the United 

16 States Government.’’. 

17 SEC. 4. REPORT TO CONGRESS. 

18 Not later than 2 years after the date of the enact19 ment of this Act, the Secretary of Homeland Security, in 

20 consultation with the Secretary of State, shall submit a 

21 report to Congress that describes— 

22 (1) the countries of citizenship of the partici23 pants in the Return of Talent Program established 

24 under section 317A of the Immigration and Nation25 ality Act, as added by section 2; 


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1 (2) the post-conflict or natural disaster recon2 struction efforts that benefitted, or were made pos3 sible, through participation in the program; and 

4 (3) any other information that the Secretary of 

5 Homeland Security determines to be appropriate. 

6 SEC. 5. REGULATIONS. 

7 Not later than 6 months after the date of the enact8 ment of this Act, the Secretary of Homeland Security shall 

9 promulgate regulations to carry out this Act and the 

10 amendments made by this Act. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to United 

13 States Citizenship and Immigration Services such sums as 

14 may be necessary for fiscal year 2011 to carry out this 

15 Act and the amendments made by this Act. 

16 SECTION 1. SHORT TITLE. 

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

18 SEC. 2. RETURN OF TALENT PROGRAM. 

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

20 Nationality Act (8 U.S.C. 1401 et seq.) is amended by in21 serting after section 317 the following: 

22 ‘‘TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN

23 THE RETURN OF TALENT PROGRAM

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

25 Homeland Security, in consultation with the Secretary of 

26 State, shall establish the Return of Talent Program to perVerDate Nov 24 2008 22:18 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S2974.RS S2974

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1 mit a lawful permanent resident (if such status has not been 

2 terminated, rescinded, abandoned, or challenged in removal 

3 proceedings) to temporarily return to the lawful permanent 

4 resident’s country of citizenship or nationality to make a 

5 material contribution to that country if the country is en6 gaged in post-conflict or natural disaster reconstruction ac7 tivities, or to temporarily provide medical services in a 

8 country pursuant to subsection (b)(1)(B), for a period not 

9 exceeding 1 year, unless an extension of time is granted 

10 under subsection (d). 

11 ‘‘(b) ELIGIBILITY REQUIREMENTS.—(1) A lawful per12 manent resident may be considered as being physically 

13 present and residing in the United States for the purposes 

14 of naturalization under section 316(a), notwithstanding a 

15 temporary absence from the United States, if— 

16 ‘‘(A)(i) such temporary absence was solely for the 

17 purpose of engaging in post-conflict or natural dis18 aster reconstruction and rebuilding activities or to 

19 provide medical services in the lawful permanent resi20 dent’s country of citizenship or nationality; and 

21 ‘‘(ii) the Secretary of Homeland Security, in 

22 consultation with the Secretary of State, determines 

23 that the alien is a citizen or national of a country 

24 in which— 


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1 ‘‘(I) the Armed Forces of the United States 

2 are engaged, or have been engaged, in combat or 

3 peacekeeping operations, during the 5-year pe4 riod preceding such determination; 

5 ‘‘(II) authorization for United Nations 

6 peacekeeping operations was initiated by the 

7 United Nations Security Council during the 5- 

8 year period preceding the determination; or 

9 ‘‘(III) financial assistance from the Office of 

10 Foreign Disaster Assistance of the United States 

11 Agency for International Development was 

12 issued, during the 2-year period preceding such 

13 determination, in response to a disaster in such 

14 country that is beyond the ability of such coun15 try’s response capacity and warrants a response 

16 by the United States Government; or 

17 ‘‘(B)(i) the lawful permanent resident is a physi18 cian or other health care worker; and 

19 ‘‘(ii) such temporary absence was solely for the 

20 purpose of providing medical services in a country 

21 that— 

22 ‘‘(I) is described in paragraph (1)(A)(ii); or 

23 ‘‘(II) the Secretary of State has determined 

24 to be eligible for assistance from the Inter25 national Development Association because its per 


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1 capita income is equal to or less than the thresh2 old established by the International Development 

3 Association for the applicable fiscal year; and 

4 ‘‘(C)(i) prior to such temporary absence, the law5 ful permanent resident has established, to the satisfac6 tion of the Secretary of Homeland Security, that his 

7 or her absence from the United States will be solely 

8 for the purpose of performing the activities or services 

9 described in subparagraph (A)(i) or (B)(ii); and 

10 ‘‘(ii) after the conclusion of such temporary ab11 sence, the person proves, to the satisfaction of the Sec12 retary of Homeland Security, that his or her absence 

13 from the United States has been solely for such pur14 pose. 

15 ‘‘(2) The lawful permanent resident has the burden to 

16 prove, to the satisfaction of the Secretary, that his or her 

17 absence from the United States will be and has been solely 

18 for the purpose of performing the activities or services de19 scribed in subparagraph (A)(i) or (B)(ii) of paragraph (1). 

20 ‘‘(3) The Secretary of Homeland Security, in consulta21 tion with the Secretary of State, may prescribe, by regula22 tion, the form and manner for lawful permanent residents 

23 seeking preservation of residence to demonstrate eligibility 

24 under this section. 


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1 ‘‘(4) The Secretary may authorize up to 1,000 aliens 

2 in any fiscal year to obtain preservation of residence and 

3 physical presence under this subsection for purposes of nat4 uralization under section 316(a). 

5 ‘‘(c) FAMILY MEMBERS.—(1) The spouse and any 

6 minor, dependent unmarried son or daughter who resides 

7 in the same household as the lawful permanent resident who 

8 participates in the Return of Talent Program may return 

9 to such alien’s country of citizenship or nationality with 

10 the lawful permanent resident, or accompany such alien 

11 providing medical services pursuant to subsection (b)(1)(B), 

12 and reenter the United States with such lawful permanent 

13 resident, if otherwise admissible. 

14 ‘‘(2) The spouse and minor, dependent, and unmarried 

15 sons and daughters who are members of the household of 

16 a lawful permanent resident who qualifies for preservation 

17 of residence under this section are entitled to the same ben18 efit during the period for which they are residing outside 

19 the United States as dependent members of the household 

20 of such lawful permanent resident. 

21 ‘‘(d) EXTENSION OF TIME.—The Secretary of Home22 land Security may extend the 1-year period referred to in 

23 subsection (a) for an additional 6 months upon a showing 

24 that an extension is necessary for post-conflict or natural 


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1 disaster reconstruction efforts or for the provision of med2 ical services.’’. 

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

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

5 seq.) is amended by inserting after the item relating to sec6 tion 317 the following: 

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

7 SEC. 3. REPORT TO CONGRESS. 

8 Not later than 2 years after the date of the enactment 

9 of this Act, the Secretary of Homeland Security, in con10 sultation with the Secretary of State, shall submit a report 

11 to Congress that describes— 

12 (1) the countries of citizenship of the partici13 pants in the Return of Talent Program established 

14 under section 317A of the Immigration and Nation15 ality Act, as added by section 2; 

16 (2) the post-conflict or natural disaster recon17 struction efforts that benefitted, or were made possible, 

18 through participation in the program; 

19 (3) the medical services provided pursuant to 

20 section 317A(b)(1) of the Immigration and Nation21 ality Act, as added by section 2(a); and 

22 (4) any other information that the Secretary of 

23 Homeland Security determines to be appropriate. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to United 

3 States Citizenship and Immigration Services such sums as 

4 may be necessary for fiscal year 2011 to carry out this Act 

5 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.’’. 


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Calendar No. 338 

111TH CONGRESS 

2D SESSION S. 2974 

A BILL 

To establish the Return of Talent Program to allow 

and for other purposes. in post-conflict or natural disaster reconstruction, citizenship of the alien if that country is engaged States to return temporarily to the country of aliens who are legally present in the United 

MARCH 26 (legislative day, MARCH 25), 2010 

Reported with an amendment and an amendment to the 

title 


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