[Senate Report 117-170]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 512
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-170

======================================================================



 
             JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS

                                _______
                                

               September 27, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1931]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 1931), to provide competitive grants 
for the promotion of Japanese American confinement education as 
a means to understand the importance of democratic principles, 
use and abuse of power, and to raise awareness about the 
importance of cultural tolerance toward Japanese Americans, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                               Amendment

    The amendment is as follows:
    On page 2, lines 4 and 5, strike ``Japanese American 
Confinement Education Act'' and insert ``Norman Y. Mineta 
Japanese American Confinement Education Act''.

                                Purpose

    The purpose of H.R. 1931 is to authorize the Secretary of 
the Interior to provide competitive grants for the promotion of 
Japanese American confinement education to understand the 
historical importance of Japanese American confinement during 
World War II so that present and future generations may learn 
from Japanese American confinement and the commitment of the 
United States to equal justice under the law.

                          Background and Need

    Following Japan's attack on Pearl Harbor, on December 7, 
1941, thousands of Japanese Americans were forcibly removed 
from their homes and placed in internment camps during World 
War II. Roughly 120,000 individuals and families were interned 
in camps located across America--in Arizona, Arkansas, 
California, Colorado, Hawaii, Idaho, Utah, and Wyoming.
    The United States provided a formal apology and 
compensation to surviving victims through the passage of the 
Civil Liberties Act, which was signed into law by President 
Reagan in 1988. In 2006, Congress enacted the Preservation of 
Japanese American Confinement Sites Act (Public Law 109-441), 
establishing the Japanese Confinement Sites (JACS) program 
within the National Park Service. The law authorized up to $38 
million for the grant program, and Congress first appropriated 
funding for the program in 2009.
    Over the years, the program has awarded grant awards 
totaling to nonprofit organizations, educational institutions, 
state, local, and tribal governments, and other public 
entities. The grants include projects in 20 states and the 
District of Columbia, and include oral histories, preservation 
of camp artifacts and buildings, documentaries and educational 
curriculum, exhibits, and memorials that preserve what remains 
of the confinement sites and honor the people who were 
incarcerated there by sharing their experiences.
    H.R. 1931 increases the appropriation ceiling from $38 
million to $80 million and authorizes a new category of 
Japanese American confinement education grants.

                          Legislative History

    H.R. 1931 was introduced by Representative Matsui and 
others on March 16, 2021. The Subcommittee on National Parks, 
Forests, and Public Lands held a hearing on H.R. 1931 on May 
27, 2021, and the bill was ordered reported by the House 
Natural Resources Committee on November 17, 2021 (H. Rept. 117-
271). H.R. 1931 passed the House of Representatives by voice 
vote on March 15, 2022. Senator Schatz introduced a companion 
bill, S. 988, on March 25, 2021, and another companion bill, S. 
4576, on July 20, 2022. The Subcommittee on National Parks held 
a hearing on H.R. 1931 on May 11, 2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 1931, if 
amended as described herein.

                          Committee Amendment

    During its consideration of H.R. 1931, the Committee 
adopted an amendment to change the short title to honor the 
late Norman Mineta, former Secretary of Commerce and Secretary 
of Transportation, and previously a member of the House of 
Representatives from California.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the bill, the 
``Norman Y. Mineta Japanese American Confinement Education 
Act.''

Sec. 2. Japanese American confinement education grants

    Section 2 amends section 2 of Public Law 109-441 (120 Stat. 
3290) to add a new paragraph (4) authorizing the Secretary of 
the Interior to provide competitive grants for the promotion of 
Japanese American confinement education and to increase the 
authorization of appropriations under Public Law 109-441 from 
$38 million to $80 million.
    The section provides that not more than $10 million shall 
be awarded as Japanese American Confinement Education Grants to 
Japanese American organizations (as defined in the Act), with a 
minimum competitive grant of $750,000 and priority 
consideration to organizations with fewer than 100 employees. 
The section also requires a 50 percent match with non-Federal 
assets from non-Federal sources for funds awarded.

                    Cost and Bugetary Considerations

    The following estimate of costs of H.R. 1931, as ordered 
reported by the House Committee on Natural Resources on 
November 17, 2021, has been provided by the Congressional 
Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1931 would authorize the appropriation of $80 million, 
to remain available until expended, for the Japanese American 
Confinement Site grant program. Under that program, the 
National Park Service (NPS) awards funds to nonfederal entities 
to study and preserve sites associated with the internment of 
Japanese Americans during World War II. In 2021, $3 million was 
allocated for the program. Based on historical spending 
patterns, CBO estimates that implementing H.R. 1931 would cost 
about $5 million annually and total $22 million over the 2022-
2026 period, assuming the appropriation of the authorized 
amount. CBO expect the remaining funds would be used after 
2026. The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1931
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                            ----------------------------------------------------
                                                              2022    2023    2024    2025    2026    2022-2026
----------------------------------------------------------------------------------------------------------------
Authorization..............................................      80       0       0       0       0           80
Estimated Outlays..........................................       2       5       5       5       5           22
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      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. 1931. 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. 1931, as ordered reported.

                   Congressionally Directed Spending

    H.R. 1931, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 11, 2022, hearing on H.R. 3531 follows:

 Statement of Michael A. Caldwell, Associate Director, Park Planning, 
 Facilities, and Lands, National Park Service, U.S. Department of the 
                                Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on H.R. 1931, a bill to 
provide competitive grants for the promotion of Japanese 
American confinement education as a means to understand the 
importance of democratic principles, use and abuse of power, 
and to raise awareness about the importance of cultural 
tolerance toward Japanese Americans, and for other purposes.
    The Department supports H.R. 1931 and would like to 
continue to work with the Committee on any technical changes 
necessary to ensure the success of the program.
    H.R. 1931, as passed by the House, would amend P.L. 109-441 
to authorize a new program within the Japanese American 
Confinement Sites (JACS) grant program, which supports the 
preservation of U.S. confinement sites that were used to detain 
Japanese Americans during World War II, to provide grants to 
Japanese American nonprofits to educate individuals about the 
historical significance of these events. The bill would also 
increase the authorization of appropriations for the JACS 
program.
    On May 27, 2021, we testified before the House Natural 
Resources Subcommittee on National Parks, Forests, and Public 
Lands on an earlier version of this bill. After providing this 
testimony, H.R. 1931 was amended to recognize that many of the 
objectives being proposed were already being met by the 
existing JACS grant program. Consequently, H.R. 1931 as passed 
by the House now proposes amendments to the existing 
legislation rather than starting a new program.
    We would like to express our appreciation for this 
recognition of the merits of the existing grant program and 
support the current direction of the amendments to PL 109-441. 
We welcome the ongoing opportunity to work with the Committee 
to discuss the details of how this added focus on education 
will be administered along with the existing grant program. We 
are dedicated to our ongoing efforts to preserve significant 
cultural and natural resources and interpret the forced removal 
and incarceration of Japanese Americans and Japanese immigrants 
during World War II.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 1931, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 109-441


  AN ACT To provide for the preservation of the historic confinement 
 sites where Japanese Americans were detained during World War II, and 
for other purposes

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

    For purposes of this Act the following definitions apply:
          (1) Historic confinement sites.--(A) The term 
        ``historic confinement sites'' means the 10 internment 
        camp sites referred to as Gila River, Granada, Heart 
        Mountain, Jerome, Manzanar, Minidoka, Poston, Rohwer, 
        Topaz, and Tule Lake and depicted in Figures 4.1, 5.1, 
        6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 12.2, and 13.2, 
        respectively, of the Site Document; and
          (B) other historically significant locations, as 
        determined by the Secretary, where Japanese Americans 
        were detained during World War II.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (3) Site Document.--The term ``Site Document'' means 
        the document titled ``Confinement and Ethnicity: An 
        Overview of World War II Japanese American Relocation 
        Sites'', published by the Western Archeological and 
        Conservation Center, National Park Service, in 1999.
          (4) Japanese american confinement education grants.--
        The term ``Japanese American Confinement Education 
        Grants'' means competitive grants, awarded through the 
        Japanese American Confinement Sites Program, for 
        Japanese American organizations to educate individuals, 
        including through the use of digital resources, in the 
        United States on the historical importance of Japanese 
        American confinement during World War II, so that 
        present and future generations may learn from Japanese 
        American confinement and the commitment of the United 
        States to equal justice under the law.
          (5) Japanese american organization.--The term 
        ``Japanese American organization'' means a private 
        nonprofit organization within the United States 
        established to promote the understanding and 
        appreciation of the ethnic and cultural diversity of 
        the United States by illustrating the Japanese American 
        experience throughout the history of the United States.

SEC. 3. PRIVATE PROPERTY PROTECTION.

    No Federal funds made available to carry out this Act may 
be used to acquire any real property or any interest in any 
real property without the written consent of the owner or 
owners of that property or interest in property.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General._There are authorized to be appropriated to 
the Secretary [$38,000,000] $80,000,000 to carry out this Act. 
Such sums shall remain available until expended.
    (b) Japanese American Confinement Education Grants.--
          (1) In general.--Of the amounts made available under 
        this section, not more than $10,000,000 shall be 
        awarded as Japanese American Confinement Education 
        Grants to Japanese American organizations. Such 
        competitive grants shall be in an amount not less than 
        $750,000 and the Secretary shall give priority 
        consideration to Japanese American organizations with 
        fewer than 100 employees.
          (2) Matching requirement.--
                  (A) Fifty percent.--Except as provided in 
                subparagraph (B), for funds awarded under this 
                subsection, the Secretary shall require a 50 
                percent match with non-Federal assets from non-
                Federal sources, which may include cash or 
                durable goods and materials fairly valued, as 
                determined by the Secretary.
                  (B) Waiver.--The Secretary may waive all or 
                part of the matching requirement under 
                subparagraph (A), if the Secretary determines 
                that--
                          (i) no reasonable means are available 
                        through which an applicant can meet the 
                        matching requirement; and
                          (ii) the probable benefit of the 
                        project funded outweighs the public 
                        interest in such matching requirement.

           *       *       *       *       *       *       *


                                  [all]