[Congressional Record Volume 146, Number 85 (Thursday, June 29, 2000)]
[Senate]
[Pages S6121-S6124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HATCH (for himself, Mr. Dodd, Mrs. Feinstein, Mr. DeWine,
Mr. Kohl, Mr. Feingold, and Mr. Kennedy):
S. 2812. A bill to amend the Immigration and Nationality Act to
provide a waiver of the oath of renunciation and allegiance for
naturalization of aliens having certain disabilities; to the Committee
on the Judiciary.
Waiver of Oath of Renunciation and Allegiance for Naturalization of
Aliens Having Certain Disabilities
Mr. HATCH. Mr. President, I rise today with my colleagues,
Senator Christopher Dodd and others, to introduce a simple but highly
significant bill which will confer the treasured status of American
citizenship on individuals with disabilities.
Under current law, the Attorney General possesses the authority to
waive certain requirements of naturalization, such as the English and
civics test requirements, for disabled applicants. The law, however,
has been construed to stop short of granting the Attorney General
authority to waive the requirement for the oath of renunciation and
allegiance for disabled adult applicants.
Consequently, even though such persons are able to fulfill all other
requirements of naturalization, or it is clear that the Attorney
General can waive them, certain individuals with disabilities may never
become citizens.
This is the sad situation that a young man from my home state of Utah
is facing. Gustavo Galvez Letona, a 27 year-old immigrant from
Guatemala, suffers from Down's syndrome. Mr. Letona's entire family are
already
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American citizens. But, while Mr. Letona is otherwise able to become a
citizen, despite his developmental disability, the fact that the
Attorney General's authority to waive the oath is unclear will prevent
Mr. Letona from enjoying the same status as a naturalized American
citizen.
Imagine a family in which mother, father, brothers and sisters could
become U.S. citizens, but one sibling could not only because of a
disability. I believe all my colleagues would agree that this would be
a sad and tragic situation. It is discriminatory to boot.
This bill would not affect a large number of people. A recent
estimate was that only about 1100 individuals with disabilities would
possibly be eligible for such a waiver. Moreover, I used the word
``possibly'' because the waiver would not be automatic. The waiver
would be granted at the discretion of the Attorney General and is not
intended to confer citizenship on individuals--regardless of a
disability--who would not otherwise qualify for citizenship. It would
not apply to every individual with a disability, most of whom would not
need such a waiver.
Today's legislation remedies this unfortunate scenario facing Gustavo
Letona by extending the Attorney General's authority to waive the
taking of the oath if the applicant is unable to understand or
communicate an understanding of the oath because of disability. This
simple solution allows Mr. Letona and others the privilege of becoming
American citizens.
I would like to express my gratitude to Senator Dodd for his
willingness to make this a bipartisan effort. I would also like to
thank my Utah Advisory Committee on Disability Policy, and particularly
Ron Gardner, who brought this problem to my attention and who works
tirelessly to protect the rights of the disabled.
I ask unanimous consent that the text of the bill be placed in the
Record following my remarks.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2812
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. WAIVER OF OATH OF RENUNCIATION AND ALLEGIANCE FOR
NATURALIZATION OF ALIENS HAVING CERTAIN
DISABILITIES.
(a) In General.--The last sentence of section 337(a) of the
Immigration and Nationality Act (8 U.S.C. 1448(a)) is amended
to read as follows: ``The Attorney General may waive the
taking of the oath if in the opinion of the Attorney General
the applicant for naturalization is an individual with a
disability, or a child, who is unable to understand or
communicate an understanding of the meaning of the oath. If
the Attorney General waives the oath for such an individual,
the individual shall be considered to have met the
requirements of section 316(a)(3) as to attachment to the
Constitution and well disposition to the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who applied for naturalization
before, on, or after the date of enactment of this
Act.
Mr. DODD. Mr. President, I rise with Senator Hatch, Senator Feingold,
Senator Kennedy, Senator DeWine, Senator Feinstein, and Senator Kohl to
introduce a bill to resolve a rare but serious problem for some
American families.
I want to tell you a story about a young man named Mathieu, a
resident of Connecticut. Mathieu's family--his mother, his father, and
his sister--have all become naturalized U.S. citizens. But Mathieu has
not been allowed to become a citizen because he's a 23-year-old low-
functioning autistic man who cannot meet a very technical requirement
of the naturalization process, namely that he be able to swear an oath
of loyalty to the United States. His naturalization request has been in
limbo since November of 1996 because Mathieu could not understand some
of the questions he was asked by the INS agent processing his
application for citizenship. All of the other members of Mathieu's
family have become U.S. citizens. Now Mathieu's mother lives with the
fear that when she dies her most vulnerable child could be removed from
the country and sent to a nation that he hardly knows, and where he has
no family and no friends. Mathieu's mother--again, an American
citizen--wants what every American wants--she wants to know that her
child will be treated fairly by her government even when she's no
longer capable of taking care of him herself. Mathieu's life is here.
His friends and caregivers are here. His family is here. Mathieu's
place is here and but for his disability, he would be allowed to stay
here where he belongs. He would be allowed to become a citizen and his
mother's fears would be relieved. Mr. President, this is a problem that
a compassionate nation can fix. This is a problem that we have the
power to solve.
Under current law, a very small subgroup of people with severe mental
disabilities cannot become citizens because they lack the capacity to
take the oath of renunciation and allegiance. Since the Immigration and
Nationality Act (INA) does not contain explicit statutory authority for
the Immigration and Naturalization Service (INS) to waive the oath,
people with brain injuries and other mental disabilities are routinely
denied citizenship--even when the rest of their families are already
U.S. citizens.
Congress has previously recognized the injustice of denying
citizenship to individuals based on their disabilities and has
attempted to resolve the problem. In fact, in 1991 Congress created a
procedure for expedited administration of the oath for applicants who
have special circumstances, including disabilities, that prevent them
from personally appearing at a scheduled ceremony. And in 1994,
Congress exempted certain applicants with disabilities who are unable
to learn from taking the English and civics tests. Unfortunately, these
efforts have not effectively addressed the problem of individuals who
are unable to take the oath because of mental incapacity, leaving the
oath as the only barrier to citizenship for such individuals.
The legislation we introduce today would amend the Immigration and
Nationality Act to give the INS the discretion to waive the oath of
allegiance for certain individuals who lack the mental capacity to
comprehend the oath.
Waiving the oath is really a technical amendment. There is no
indication that Congress ever intended to split up families or cast
doubt on the futures of family members not able to utter the oath by
virtue of a mental disability.
Waiving the oath does not defeat the purpose of Naturalization or the
oath requirement. Individuals with disabilities who receive oath
waivers would still have to fulfill the other requirements of
naturalization, including good moral character and residency. Remember
the main purpose of the oath requirement is to prevent the
naturalization of people who are hostile to the government of the
United States, or the principles of the Constitution. People with
severe disabilities who lack the capacity to understand the oath cannot
form the intent to act against the government. Waiving the oath poses
no danger and manifests America's best, most compassionate
characteristics.
Let me conclude by saying that this is not a problem that faces
millions of people--or even many thousands of people, but it is an
important issue for the few families that are affected. Mr. President
the United States should not force the break up of families. This bill
will right an injustice and I urge its passage.
______
By Mr. McCAIN:
S. 2813. A bill to provide for a land exchange to fulfill the Federal
obligation to the State of Arizona under the State's enabling act, and
to use certain Federal land in Arizona to acquire by eminent domain
State trust land located adjacent to Federal land for the purpose of
improving public land management, enhancing the conservation of unique
natural areas, and fulfilling the purposes for which State trust land
is set aside, and for other purposes; to the Committee on Energy and
Natural Resources.
The Arizona Land Exchange Facilitation Act of 2000
Mr. McCAIN. Mr. President, I rise to introduce legislation that
authorizes the Secretary of the U.S. Department of Interior and the
Governor of Arizona to carry out a federal-state land exchange in order
to protect environmentally significant lands in the state and enhance
the state education trust fund to benefit Arizona's schoolchildren.
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I must first make mention that Interior Secretary Bruce Babbitt and
Governor Jane Hull of Arizona are currently involved in negotiating a
comprehensive state-federal land exchange agreement. The Secretary and
the Governor have been engaged in land exchange negotiations since
January of this year, which so far have been very productive and
positive. If their negotiations are successful and a land trade is
agreed upon, legislation will be necessary to authorize that exchange.
To express my strong support for a potential exchange, I am
introducing this bill as a place holder for the necessary authorization
to implement any agreement for a land exchange. This legislation is in
no way intended to override or influence ongoing negotiations, nor do I
intend to force either party to accept a proposal that is not in their
best interests.
The purpose of this legislation is two-fold. One, it is simply a
framework for a future agreement. It is intended to facilitate
discussion to define the necessary legislative authority to implement a
state-federal land exchange in Arizona. If the details of a land
exchange are agreed upon between the Secretary and the Governor, those
specifics can be incorporated into this legislation.
The second purpose is to define the necessary legislative language
that will accommodate existing Arizona Constitutional and Arizona
Enabling Act restrictions that require state trust lands to be managed
for the benefit of education and other public purposes. In addition,
the bill recognizes the important goal of resolving the federal
government's land ``debt'' to Arizona as a result of not receiving the
state's full allotment at statehood. This legislation proposes to use
federal friendly-condemnation authority to effect other aspects of a
comprehensive exchange to address the current Arizona constitutional
restriction on land trades.
In recent years, the people of Arizona have embraced the idea of
promoting conservation as part of the state's land management
objectives. Through public referenda and other proposals, the people of
Arizona have strongly supported the concept of a state-wide effort to
conserve unique natural areas. The federal-state land exchange
currently under discussion could ensure that ecologically important
state lands are placed under permanent conservation protection as part
of an existing federal land management unit. In return, the state would
receive parcels currently owned by the federal government that may be
more suitable for revenue-generating activity in keeping with the
requirements of state law. Such an exchange could accomplish both state
conservation and education goals. The opportunity to explore and effect
a means of serving these two important purposes should not be missed.
In the past, some of my colleagues and I have evaluated different
options to reduce the number of state inholdings on federal property
and vice-versa--a situation that complicates resource management and
does not serve the public interest. This legislation could be an
important step forward in reducing state inholdings in federal land
management areas which makes good environmental, economic and
administrative sense.
Mr. President, let me make very clear once again, this legislation is
a starting point only. It does not represent by any means an
endorsement of any particular lands for exchange that are currently
under negotiation. Nor is it my intention to fast-track any proposal
that does not abide by a fair and strict appraisal process. It is
intended to encourage the Secretary and the Governor to forward a
serious proposal to the Congress for consideration. Once a proposal is
forwarded, I have every intention to consult with affected entities and
engage in a thorough process of public input from local citizenry,
governments and other interested parties.
I also recognize that such land exchanges do take time and it is very
possible that a land exchange proposal may not be finalized this year.
My colleagues from Arizona recall as well as I do that it took three
years to negotiate and enact the Arizona Desert Wilderness Act of 1990
to preserve over two million acres as designated wilderness. We never
would have accomplished that feat without the front-line leadership and
vision of Mo Udall who initiated the process by offering a legislative
framework. I believe that this opportunity is one that Mo would have
supported. I hope that my colleagues and friends in Arizona will agree
and that we can all work together on a comprehensive land exchange
proposal that will accomplish educational and environmental objectives.
Mr. President, I ask unanimous consent to include the full text of
the bill in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2813
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 ``Arizona Land Exchange
Facilitation Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) when the State of Arizona entered the Union, the State
was granted more than 9,000,000 acres of State trust land to
be held in permanent trust to be managed on behalf of the
beneficiaries of the trust, primarily Arizona's
schoolchildren;
(2) the State is entitled to select additional land of a
value that is approximately equal to the value of 15,234
acres of in lieu base land from vacant, unappropriated, and
unreserved Federal land to fulfill the entitlement arising
from the Act of June 20, 1910 (36 Stat. 557, chapter 310),
and the consent judgment known as the ``San Carlos Consent
Judgment'' entered in State of Arizona v. Rogers C.B. Morton,
Court Document 74-696-PHX-WPC (D. Ariz. (1978));
(3) while the State has recognized that certain State trust
land is of unique and significant value and ought to be
conserved as open space to benefit future generations, while
ensuring that there is a higher benefit to public schools and
other trust beneficiaries, there is no mechanism currently
available to the State to conserve such unique State trust
land; and
(4) an exchange of certain Federal and State land in
Arizona will provide for improved land management by the
Federal and State governments by exchanging certain State
trust land that is of significant ecological value for
permanent protection for certain Federal land that is
suitable for the revenue generation mission of the State and
other purposes identified by the State on behalf of its
beneficiaries.
(b) Purposes.--The purposes of this Act are to improve
manageability of Federal public land and State trust land in
the State, to promote the conservation of unique natural
areas, and to fulfill obligations to the beneficiaries of
State trust land by providing for a land conveyance and a
land exchange between the Federal and State governments under
which--
(1) the Secretary of the Interior shall identify a pool of
parcels of land that are vacant, unappropriated, unreserved,
and suitable for disposal, so that the State may select
Federal land that the Secretary shall convey to the State to
fulfill the State's entitlement under the State's enabling
act; and
(2) the Secretary shall acquire certain State trust land in
the State by eminent domain, with the consent of the State,
in exchange for certain Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) In lieu base land.--The term ``in lieu base land''
means land granted to the State under section 25 of the Act
of June 20, 1910 (36 Stat. 573).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Arizona.
(4) State trust land.--The term ``State trust land'' means
all right, title, and interest of the State on the date of
enactment of this Act in and to--
(A) land (including the mineral estate) granted by the
United States under sections 24 and 25 of the Act of June 20,
1910 (36 Stat. 572, 573, chapter 310); and
(B) land (including the mineral estate) owned by the State
on the date of enactment of this Act that, under State law,
is required to be managed for the benefit of the public
school system or the institutions of the State designated
under that Act.
SEC. 4. FULFILLMENT OF ENTITLEMENT UNDER THE ENABLING ACT.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall identify land
under the jurisdiction of the Secretary that--
(1) is vacant, unappropriated, and unreserved; and
(2) is suitable for disposal under land management plans in
effect on the date of enactment of this Act.
(b) Selection.--Not later than 120 days after the date of
enactment of this Act, the State shall select land,
identified by the Secretary under subsection (a), of
approximately equal value (determined in accordance with
section 6) to the 15,234 acres of in lieu base land
identified as base land depicted on the map entitled
``Arizona State Trust Base Lands Not Compensated by the
Federal Government'' and dated ________.
(c) Conveyance.--On final agreement between the Secretary
and the State under section 7(a), the Secretary shall convey
to the
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State the land selected by the State under subsection (b).
SEC. 5. LAND EXCHANGE.
(a) Conveyance by the Secretary of Federal Land.--
(1) In general.--In exchange for the State trust land
acquired by the Secretary under subsection (b), the Secretary
shall convey to the State Federal land described in paragraph
(2) that is of a value that is approximately equal to the
value of the acquired State trust land, as determined under
section 6.
(2) Federal land.--The Federal land referred to in
paragraph (1) is land under the jurisdiction of the Secretary
and in the State that the Secretary determines is available
for exchange under this Act.
(b) Acquisition by the Secretary of State Trust Land.--
(1) In general.--The Secretary shall--
(A) on final agreement between the Secretary and the State
under section 7(a), acquire by eminent domain the State
designated trust land described in paragraph (2); and
(B) manage the land in accordance with paragraph (3).
(2) State trust land.--The State trust land referred to in
paragraph (1) is land under the jurisdiction of the State
that the State determines is available for exchange under
this Act.
(3) Management of land acquired by the secretary.--
(A) In general.--On acceptance of title by the United
States, any land or interest in land acquired by the United
States under this section that is located within the
boundaries of a unit of the National Park System, the
National Wildlife Refuge System, or any other system
established by Act of Congress--
(i) shall become a part of the unit; and
(ii) shall be subject to all laws (including regulations)
applicable to the unit.
(B) All other land.--Any land or interest in land acquired
by the United States under this section (other than land or
an interest in land described in subparagraph (A))--
(i) shall be administered by the Bureau of Land Management
in accordance with laws (including regulations) applicable to
the management of public land under the administration of the
Bureau of Land Management; or
(ii) where appropriate to protect land of unique ecological
value, may be made subject to special management
considerations, including a conservation easement, to--
(I) protect the land or interest in land from development;
and
(II) preserve open space.
(4) Withdrawal.--Subject to valid existing rights, all land
acquired by the Secretary under this subsection is withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, and patent under the
mining laws, and from operation of the mineral leasing and
geothermal leasing laws.
SEC. 6. DETERMINATION OF VALUE.
(a) In General.--All exchanges authorized under this Act
shall be for approximately equal value.
(b) Appraisal Process.--The Secretary and the State shall
jointly determine an independent appraisal process, which
shall reflect nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Appraisal
Standards for Federal Land Acquisitions, to estimate values
for the categories and groupings of land to be conveyed under
section 4 and exchanged under section 5.
(c) Dispute Resolution.--In the case of a dispute
concerning an appraisal or appraisal issue that arises in the
appraisal process, the appraisal or appraisal issue shall be
resolved in accordance with section 206(d)(2) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716(d)(2)).
(d) Adjustment To Achieve Equal Value.--After the values of
the parcels of land are determined, the Secretary and the
State may--
(1) add or remove parcels to achieve a package of equally
valued Federal land and State trust land; and
(2) make public a list of the parcels included in the
package.
(e) Effect of Determination.--A determination of the value
of a parcel of land under this section shall serve to
establish the value of the parcel or interest in land in any
eminent domain proceeding.
(f) Costs.--The costs of carrying out this section shall be
shared equally by the Secretary and the State.
SEC. 7. CONVEYANCES OF TITLE.
(a) Agreement.--The Secretary and the State shall enter
into an agreement that specifies the terms under which land
and interests in land shall be conveyed under sections 4 and
5, consistent with this section.
(b) Conveyances by the United States.--All conveyances by
the United States to the State under this Act shall be
subject to valid existing rights and other interests held by
third parties.
(c) Conveyances by the State.--All conveyances by the State
to the United States under this Act shall be subject only to
such valid existing surface and mineral leases, grazing
permits and leases, easements, rights-of-way, and other
interests held by third parties as are determined to be
acceptable under the title regulations of the Attorney
General of the United States.
(d) Timing.--The conveyance of all land and interests in
land to be conveyed under this Act shall be made not later
than 60 days after final agreement is reached between the
Secretary and the State under subsection (a).
(e) Form of Conveyance.--A conveyance of land or an
interest in land by the State to the United States under this
section shall be in such form as is determined to be
acceptable under the title regulations of the Attorney
General of the United States.
SEC. 8. GENERAL PROVISIONS.
(a) Hazardous Waste.--
(1) In general.--Notwithstanding the conveyance to the
United States of land or an interest in land, the State shall
continue to be responsible for all environmental remediation,
waste management, and environmental compliance activities
arising from ownership and control of the land or interest in
land under applicable Federal and State laws with respect to
conditions existing on the land on the date of conveyance.
(2) Continuing responsibility.--Notwithstanding the
conveyance to the State of land or an interest in land, the
United States shall continue to be responsible for all
environmental remediation, waste management, and
environmental compliance activities arising from ownership
and control of the land or interest in land under applicable
Federal and State laws with respect to conditions existing on
the land on the date of conveyance.
(b) Costs.--The United States and the State shall each bear
its own respective costs incurred in the implementation of
this Act, except for the costs incurred under section 6.
(c) Maps and Legal Descriptions.--The State and the
Secretary shall each provide to the other the legal
descriptions and maps of the parcels of land and interests in
land under their respective jurisdictions that are to be
exchanged under this Act.
SEC. 9. LAS CIENEGAS STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the State, shall--
(1) conduct a study of land values of all State trust land
within the exterior boundaries of the proposed conservation
area under the Las Cienegas National Conservation Area
Establishment Act of 1999, H.R. 2941, 106th Congress, in Pima
County and Santa Cruz County, Arizona; and
(2) submit to Congress a recommendation on whether any such
land should be acquired by the Federal Government.
(b) Contents.--The study shall include an examination of
possible forms of compensation for the State trust land
within the proposed Las Cienegas National Conservation Area,
including--
(1) cash payments;
(2) Federal administrative sites under the management of
the Administrator of General Services;
(3) water rights; and
(4) relief from debt payment for the Central Arizona Water
Conservation District.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
SEC. 11. EXPIRATION OF AUTHORITY.
The authority of the Secretary to make the land conveyance
under section 4 and the land exchange under section 5 expires
on the date that is 2 years after the date of enactment of
this Act.
______
By Mr. McCONNELL:
S. 2814. A bill to amend title XI of the social Security Act to
direct the Commissioner of Social Security to conduct outreach efforts
to increase awareness of the availability of Medicare cost-sharing
assistance to eligible low-income Medicare beneficiaries, to the
Committee on Finance.
____________________