[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

[[Page S6122]]

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.

[[Page S6123]]

  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

[[Page S6124]]

     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.

                          ____________________