[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3505 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3505

To provide for transitional employment eligibility for qualified lawful 
    permanent resident alien airport security screeners until their 
   naturalization process is completed, and to expedite that process.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2001

   Ms. Solis (for herself, Ms. Pelosi, and Mr. Honda) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for transitional employment eligibility for qualified lawful 
    permanent resident alien airport security screeners until their 
   naturalization process is completed, and to expedite that process.

    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 ``Airport Security Personnel 
Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Airport security screener.--The term ``airport security 
        screener'' means an individual who is employed to perform 
        security screening services at an airport in the United States.
            (2) Lawful permanent resident alien.--The term ``lawful 
        permanent resident alien'' means an alien lawfully admitted for 
        permanent residence, as defined in section 101(a)(20) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
            (3) Qualified lawful permanent resident alien defined.--The 
        term ``qualified lawful permanent resident alien'' means an 
        alien with respect to whom a certification has been made by the 
        Under Secretary of Transportation for Security under section 
        111(e)(1)(B) of the Aviation and Transportation Security Act 
        (Public Law 107-71), as added by section 3 of this Act.

SEC. 3. TRANSITIONAL EMPLOYMENT ELIGIBILITY FOR QUALIFIED LAWFUL 
              PERMANENT RESIDENT AIRPORT SECURITY SCREENERS.

    (a) In General.--Section 111 of the Aviation and Transportation 
Security Act (Public Law 107-71) is amended by adding at the end the 
following:
    ``(e) Special Transition Rule for Qualified Lawful Permanent 
Resident Aliens.--
            ``(1) In general.--Notwithstanding any rule or regulation 
        promulgated to implement the citizenship requirement in section 
        44935(e)(2)(A)(ii) of title 49, United States Code, as amended 
        by subsection (a), or any other provision of law prohibiting 
        the employment of aliens by the Federal Government, an alien 
        shall be eligible for hiring or continued employment as an 
        airport security screener until the naturalization process for 
        such alien is completed, if--
                    ``(A) the Attorney General makes the certification 
                described in paragraph (2) to the Under Secretary of 
                Transportation for Security with respect to the alien; 
                and
                    ``(B) the Under Secretary of Transportation for 
                Security makes the certification described in paragraph 
                (3) to the Attorney General with respect to such alien.
            ``(2) Certification by the attorney general.--A 
        certification under this paragraph is a certification by the 
        Attorney General, upon the request of the Under Secretary of 
        Transportation for Security, with respect to an alien described 
        in paragraph (1) that--
                    ``(A) the alien is a lawful permanent resident 
                alien (as defined in section 2 of the Airport Security 
                Personnel Protection Act); and
                    ``(B)(i) an application for naturalization has been 
                approved, and the alien is awaiting the holding of a 
                ceremony for the administration of the oath of 
                renunciation and allegiance, as required by section 337 
                of the Immigration and Nationality Act (8 U.S.C. 1448);
                    ``(ii) an application for naturalization filed by 
                the alien prior to the date of enactment of this Act is 
                pending before the Immigration and Naturalization 
                Service but has not been finally adjudicated; or
                    ``(iii) the alien--
                            ``(I) satisfies, or will satisfy within one 
                        year of the date of certification if the alien 
                        remains in the United States, the residence 
                        requirements applicable to the alien in the 
                        Immigration and Nationality Act, or any other 
                        Act that are necessary for eligibility for 
                        naturalization; and
                            ``(II) not more than 180 days after the 
                        date of enactment of the Airport Security 
                        Personnel Protection Act, filed under section 
                        334(f) of the Immigration and Nationality Act 
                        an application for a declaration of intention 
                        to become a United States citizen.
            ``(3) Certification by the under secretary of 
        transportation.--A certification under this paragraph is a 
        certification by the Under Secretary of Transportation for 
        Security with respect to an alien described in paragraph (1) 
        that--
                    ``(A) the Under Secretary has decided to hire or 
                continue the employment of such alien; and
                    ``(B) the alien--
                            ``(i) meets the qualifications to be a 
                        security screener under section 44935(f);
                            ``(ii) was employed as an airport security 
                        screener as of the date of enactment of this 
                        Act, as determined by the Under Secretary of 
                        Transportation for Security; and
                            ``(iii) has undergone and successfully 
                        completed an employment investigation 
                        (including a criminal history record check) 
                        required by section 44935(e)(2)(B) of such 
                        title, as amended by subsection (a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
deemed effective as if included in the enactment of the Aviation and 
Transportation Security Act.

SEC. 4. EXPEDITED NATURALIZATION FOR QUALIFIED LAWFUL PERMANENT 
              RESIDENT AIRPORT SECURITY SCREENERS.

    (a) Requirement.--
            (1) In general.--For the purpose of enabling qualified 
        lawful permanent resident aliens to satisfy in a timely manner 
        the citizenship requirement in section 44935(e)(2)(A)(ii) of 
        title 49, United States Code, the Attorney General shall 
        expedite--
                    (A) the processing and adjudication of an 
                application for naturalization filed by any qualified 
                lawful permanent resident alien who was employed as an 
                airport security screener as of the date of enactment 
                of the Aviation and Transportation Security Act (Public 
                Law 107-71); and
                    (B) if such application for naturalization is 
                approved, the holding of a ceremony for administration 
                of the oath of renunciation and allegiance to such 
                qualified lawful permanent resident alien, as required 
                by section 337 of the Immigration and Nationality Act 
                (8 U.S.C. 1448).
    (b) Deadlines for Completed Action.--The Attorney General shall 
complete the actions described in subsection (a)--
            (1) not later than 30 days after the date of enactment of 
        this Act, in the case of a qualified lawful permanent resident 
        alien with respect to whom an application for naturalization is 
        approved but such alien is awaiting the holding of a ceremony 
        for the administration of the oath of renunciation and 
        allegiance, as required by section 337 of the Immigration and 
        Nationality Act (8 U.S.C. 1448);
            (2) not later than 180 days after the date of enactment of 
        this Act, in the case of a qualified lawful permanent resident 
        alien with respect to whom an application for naturalization 
        was pending on the date of enactment of this Act; and
            (3) not later than 180 days after the date on which an 
        application for naturalization is received by the Attorney 
        General, in the case of a qualified lawful permanent resident 
        alien with respect to whom an application for naturalization is 
        filed after the date of enactment of this Act.
    (c) Statutory Construction.--Nothing in this section may be 
construed to lower the standards of qualification set forth in title 
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) that 
applicants for naturalization must meet in order to become naturalized 
citizens of the United States.
                                 <all>