[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.
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