[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Pages S13301-S13303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Hollings, and Mrs. Boxer):
  S. 1829. 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; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Airport 
Security Personnel Protection Act. This legislation would expedite the 
naturalization process and authorize transitional employment for the 
many deserving airport security screeners who are in danger of losing 
their jobs as a result of a provision in the recently enacted Aviation 
Transaction Security Act.
  In providing this assistance to these worthy individuals, the bill 
also will provide relief for the airports in which they work and the 
many customers whom they serve.
  On November 19, 2001, President Bush signed the Aviation 
Transportation Security Act, P.L. 107-71, into law. The measure was 
passed with overwhelming support in both chambers. Among its many 
essential provisions was one, found in section 111(a) of the bill, that 
requires all airport security screeners to be United States citizens.
  Some expressed disagreement with the citizenship requirement while 
the bill was pending but voted for the bill, nonetheless, because of 
the many positive and essential provisions that the bill contained. 
Others supported the citizenship requirement as a necessary step to 
ensure the safety of our aviation system.
  Regardless of how Senators and House Members feel about the merits of 
the provision, we cannot help but be touched by one of its unfortunate 
consequences. Because of the contentious manner in which differing 
provisions in the House and Senate bills were resolved, we were unable 
to provide adequate transition provisions for the many well-qualified, 
hard-working, loyal, and deserving lawful permanent residents who are 
on the verge of attaining U.S. citizenship but who will not be able to 
complete that process before they lose their jobs.
  My legislation would resolve their situation in two ways: First, it 
would require the Attorney General to expedite the naturalization 
process for those applicants who were employed as airport security 
screeners at the time of enactment of the Aviation Transportation 
Security Act.
  Second, it would carve out a transition period during which qualified 
lawful permanent residents could continue their employment as security 
screeners while their naturalization applications are being 
adjudicated.
  The ``Airport Security Personnel Protection Act'' would provide for a 
smoother transition for qualified lawful permanent resident airport 
security screeners who are on the verge of completing the 
naturalization process. In so doing, it also would preserve both the 
integrity of the naturalization process and the strong requirements for 
security screeners that are contained in the Aviation Transportation 
Security Act.
  Section 4(c) of the legislation specifically precludes the weakening 
of standards for naturalization for these screeners. It makes it clear 
that the legislation merely requires the Attorney General to expedite 
the processing of the naturalization applications of qualified airport 
security screeners.
  Under current law, these standards include such requirements as five 
years of lawful permanent residence for most of those naturalizing, a 
demonstration of good moral character, an understanding of the English 
language, and an understanding of the history, principles, and form of 
government of the United States.

  The legislation also makes it clear that the Standards for continuing 
in employment during this transition period are to be the same, strong 
standards that are included in the recently enacted Aviation 
Transportation Security Act.
  Under this bill, in order to continue in employment during the 
transition

[[Page S13302]]

period, an affected security screener would have to: be a lawful 
permanent resident alien; have been employed as a security screener on 
the date of enactment of the Act; meet the employment eligibility 
requirements under the Airport Security Screeners Act; have undergone 
and successfully completed an employment investigation (including a 
criminal history record check); have had a naturalization application 
pending on the date of enactment of the Act or, in the alternative, 
have to be within one year of being eligible to file an application for 
naturalization; and be approved by the U.S. Department of 
Transportation for hiring or continued employment.
  Just as importantly, in order to remain employed during this 
transition period, an alien would have to meet the new, enhanced 
requirements of security screeners that were enacted as part of the 
Aviation Transportation Security Act. These new, enhanced requirements 
provide that the alien would have to: have a satisfactory or better 
score on a Federal security screening personnel selection examination; 
demonstrate daily a fitness for duty without any impairment due to 
illegal drugs, sleep deprivation, medication, or alcohol; undergo an 
employment investigation, including a criminal history record check; 
not present a threat to national security; possess a high school 
diploma, a general equivalency diploma, or experience that the Under 
Secretary has determined to be sufficient for the individual to perform 
the duties of the position; possess the ability to efficiently and 
thoroughly manipulate and handle such baggage, containers, and other 
objects subject to security processing; be able to read, speak, and 
write English well enough to carry out written and oral instructions 
regarding the proper performance of screening duties; be able to read 
English language identification media, credentials, airline tickets, 
and labels on items normally encountered in the screening process; 
provide direction to and understand and answer questions from English-
speaking individuals undergoing screening; and write incident reports 
and statements and log entries into security records in the English 
language; have satisfactorily completed all initial, recurrent, and 
appropriate specialized training required by the security program; 
among other requirements.
  This simple but important bill would help the many deserving lawful 
permanent residents who are well qualified, have been performing their 
jobs admirably, and whose lives are in danger of being disrupted. But 
it also would help the traveling public.
  It is estimated that at least 25 percent of the current 28,000 
airport security screeners in the Nation's 419 commercial airports are 
noncitizens. I have heard from the mayor and airport director of the 
San Francisco International Airport. They came to me out of concern 
that, as a result of the new citizenship requirements under the 
Aviation and Transportation Security Act, the airport stands to lose 70 
to 80 percent of its screening personnel. In Los Angeles, about 40 
percent of the baggage screeners are noncitizens.
  Certainly, not all of these noncitizens will be able to meet the 
stringent requirements of this legislation. But to the extent that 
those who are well-qualified are permitted to continue their employment 
while their naturalization applications are being adjudicated, it will 
be a great help to the many airports in which they are employed.
  I urge my colleagues to move expeditiously to enact this bill into 
law. I ask unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1829

       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)--

[[Page S13303]]

       (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.
                                 ______