[Senate Report 104-391]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 614
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-391
_______________________________________________________________________


 
       FEDERAL REAL PROPERTY TRANSFER IN THE DISTRICT OF COLUMBIA

                                _______
                                

               September 30, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2636]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2636) to transfer jurisdiction over 
certain parcels of Federal real property located in the 
District of Columbia, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the Act do pass.

                         purpose of the measure

    The purpose of H.R. 2636 is to authorize an exchange of 
land between the Architect of the Capitol and the Secretary of 
the Interior, within the District of Columbia, to locate and 
establish a Japanese American patriotism Memorial.

                          background and need

    This bill would authorize an exchange of land between the 
Architect of the Capitol and the Secretary of the Interior. The 
no-cost transfer would allow the parcel to be used to establish 
a memorial to Japanese American patriotism during World War II.
    A total of 33,000 Japanese Americans from the U.S. mainland 
and Hawaii were drafted or they volunteered for U.S. military 
service during World War II. The Japanese American 100th/44nd 
Regimental Combat Team is considered one of the most highly 
decorated military units in American history. Its members 
received more that 18,000 individual decorations.
    In 1992, Congress passed H.J. Res. 271, a resolution 
authorizing the Japanese American Memorial Foundation to 
establish a memorial in the District of Columbia. The 
Foundation is responsible for accepting contributions and 
paying the expenses in connection with the Memorial, including 
the Memorial's maintenance and preservation.
    The Memorial would not only honor the patriotism of 
Japanese Americans who served the armed forces of the United 
States during World War II, it would also commemorate the 
sacrifices of approximately 120,000 Japanese Americans who were 
interned as a matter of ``military necessity'' for up to four 
years during the War.
    The Japanese American Memorial Foundation feels that it is 
very important that the bill pass during this session in order 
to provide sufficient time for them to begin the lengthy 
process of applying for permits and initiating construction. 
The authorizing legislation (Public Law 102-502) for the 
Memorial expires in 1999.
    The resolution was enacted in accordance with the Act 
passed in 1986, which established standards for the placement 
of memorials on Federal lands in the District of Columbia. The 
Memorial would be located on a triangle of land bordered by 
Louisiana Avenue, New Jersey Avenue and D Street, NW, in 
Washington, D.C.

                          legislative history

    H.R. 2636 was introduced by Representative Oberstar on 
November 15, 1995. The bill was referred to the House Committee 
on Resources, and additionally to the Committee on 
Transportation and Infrastructure, and the Committee on 
Government Oversight and Reform. The bill was reported in the 
House of Representatives on November 28, 1995 (H. Rept. 104-
368, Part 1). Representative Matsui was added as a co-sponsor 
on March 19, 1996, and Representative King was added as a co-
sponsor on March 26, 1996.
    The House Subcommittee on National Parks, Forests and 
Public Lands held a hearing on H.R. 2636 on May 9, 1996. The 
bill was ordered reported, amended, on June 26, 1996, and was 
reported to the House on July 26, 1996 (H. Rept. 104-368, Part 
II). The bill was passed in the House as amended by a voice 
vote on July 31, 1996.
    On August 1, 1996, the House requested the concurrence of 
the Senate on the bill and referred the bill to the Senate 
Energy and Natural Resources Committee. At the business meeting 
on September 12, 1996, the Committee on Energy and Natural 
Resources ordered H.R. 2636 favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 12, 1996, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
2636.

                      section-by-section analysis

    Section 1 defines the purposes of the Act as: (1) assisting 
in the effort to establish a national memorial within the 
District of Columbia to Japanese American patriotism in World 
War II within; and (2) improving the management of certain 
parcels of Federal real property located within the District of 
Columbia by transferring jurisdiction of the parcels to the 
Architect of the Capitol, the Secretary of the Interior, and 
the Government of the District of Columbia.
    Section 2 identifies the specific parcels of land to be 
transferred among the Secretary of the Interior, District of 
Columbia, and Architect of the Capitol.
    Section 3 contains several miscellaneous provisions 
associated with the transfer, such as realignment of law 
enforcement responsibilities among the various parties.

                   cost and budgetary considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 16, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2636, an act to transfer jurisdiction over 
certain parcels of federal real property located in the 
District of Columbia, and for other purposes, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on September 12, 1996. CBO estimates that H.R. 2636 
would result in no significant cost to the federal government. 
Enacting H.R. 2636 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    H.R. 2636 would transfer several parcels of land between 
federal agencies to provide suitable space to erect a memorial 
to honor Japanese-American patriotism in World War II. In 
addition, the legislation would transfer, without compensation, 
one parcel of land to the District of Columbia. The costs of 
erecting and maintaining the memorial would be borne by the Go 
For Broke National Veterans Association Foundation. Otherwise, 
the future use of the properties conveyed by this legislation 
would not be affected by the transfers.
    H.R. 2636 contains no intergovernmental or private-sector 
mandates as defined in Public Law 104-4 and would have no 
impact on the budgets of state, local, or tribal governments. 
The land that the federal government would convey to the 
District of Columbia is a small section of New Jersey Avenue. 
The District already maintains and administers this section of 
road and would continue to do so under this legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact in John R. 
Righter.
            Sincerely,
                                         June E. O'Neill, Director.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 2636. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 2636, as ordered reported.

                        executive communications

    On September 13, 1996, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 2636. These 
reports had not been received at the time the report on H.R. 
2636 was filed. When these reports become available, the 
Chairman will request that they be printed in the Congressional 
Record for the advice of the Senate.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill H.R. 2636, as 
ordered reported.