I 

108TH CONGRESS 

2D SESSION H. R. 4322

To provide for the establishment of the headquarters for the Department 

of Homeland Security in the District of Columbia, to require the transfer 

of administrative jurisdiction over the Nebraska Avenue Naval Complex 

in the District of Columbia to serve as the location for the headquarters, 

to facilitate the acquisition by the Department of the Navy of suitable 

replacement facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2004

Mr. HUNTER (for himself and Mr. COX) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL

To provide for the establishment of the headquarters for 

the Department of Homeland Security in the District 

of Columbia, to require the transfer of administrative 

jurisdiction over the Nebraska Avenue Naval Complex 

in the District of Columbia to serve as the location 

for the headquarters, to facilitate the acquisition by the 

Department of the Navy of suitable replacement facilities, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ESTABLISHMENT OF NEBRASKA AVENUE 

2 NAVAL COMPLEX, DISTRICT OF COLUMBIA, 

3 AS HEADQUARTERS FOR THE DEPARTMENT 

4 OF HOMELAND SECURITY. 

5 (a) ESTABLISHMENT OF HEADQUARTERS.—Upon 

6 the transfer under section 2 of the parcel of Department 

7 of the Navy real property in the District of Columbia 

8 known as the Nebraska Avenue Complex, the Secretary 

9 of the Department of Homeland Security is authorized to 

10 establish the Nebraska Avenue Complex as the head11 quarters of the Department of Homeland Security for so 

12 long as the Secretary determines that the Nebraska Ave13 nue Complex is appropriate for such purposes, or until 

14 otherwise provided by law. 

15 (b) PAYMENT OF INITIAL RELOCATION COSTS.—

16 Subject to the availability of appropriations for this pur17 pose, the Secretary of the Department of Homeland Secu18 rity shall be responsible for the payment of—

19 (1) all reasonable costs, including costs to move 

20 furnishings and equipment, related to the initial re21 location of Department of the Navy activities from 

22 the Nebraska Avenue Complex; and 

23 (2) all reasonable costs incident to the initial 

24 occupancy by such activities of interim leased space, 

25 including rental costs for the first year. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur2 poses of carrying out this section, there is authorized to 

3 be appropriated to the Department of Homeland Security 

4 such sums as may be necessary for fiscal years 2005 

5 through 2007. 

6 SEC. 2. TRANSFER OF JURISDICTION, NEBRASKA AVENUE 

7 NAVAL COMPLEX, DISTRICT OF COLUMBIA. 

8 (a) TRANSFER REQUIRED.—Except as provided in 

9 subsection (b), the Secretary of the Navy shall transfer 

10 to the administrative jurisdiction of the Administrator of 

11 General Services the parcel of Department of the Navy 

12 real property in the District of Columbia known as the 

13 Nebraska Avenue Complex for the purpose of permitting 

14 the Administrator to use the Complex to accommodate the 

15 Department of Homeland Security. The Complex shall be 

16 transferred in its existing condition. 

17 (b) AUTHORITY TO RETAIN MILITARY FAMILY

18 HOUSING.—At the option of the Secretary of the Navy, 

19 the Secretary may retain administrative jurisdiction over 

20 that portion of the Complex that, as of the date of the 

21 enactment of this Act, is being used to provide Navy fam22 ily housing. 

23 (c) TIME FOR TRANSFER.—Not later than January 

24 1, 2005, the Secretary of the Navy shall complete the 

25 transfer of administrative jurisdiction over the portion of 
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1 the Complex required to be transferred under subsection 

2 (a). 

3 (d) RELOCATION OF NAVY ACTIVITIES.—As part of 

4 the transfer of the Complex under subsection (a), the Sec5 retary of the Navy shall relocate Department of the Navy 

6 activities at the Complex to other locations. 

7 (e) PAYMENT OF LONG-TERM RELOCATION

8 COSTS.—

9 (1) SENSE OF CONGRESS REGARDING PAY10 MENT.—It is the sense of the Congress that the Sec11 retary of the Navy should receive, from Federal 

12 agencies other than the Department of Defense, 

13 funds authorized and appropriated for the purpose 

14 of covering all reasonable costs, not paid under sec15 tion 1(b), that are incurred or will be incurred by 

16 the Secretary to permanently relocate Department of 

17 the Navy activities from the Complex under sub18 section (d). 

19 (2) SUBMISSION OF COST ESTIMATES.—As soon 

20 as practicable after the date of the enactment of this 

21 Act , the Secretary of the Navy shall submit to the 

22 Director of the Office of Management and Budget 

23 and the Congress an initial estimate of the amounts 

24 that will be necessary to cover the costs to perma25 nently relocate Department of the Navy activities 
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1 from the portion of the Complex to be transferred 

2 under subsection (a). The Secretary shall include in 

3 the estimate anticipated land acquisition and con4 struction costs. The Secretary shall revise the esti5 mate as necessary whenever information regarding 

6 the actual costs for the relocation is obtained. 

7 (f) TREATMENT OF FUNDS.—(1) Funds received by 

8 the Secretary of the Navy, from sources outside the De9 partment of Defense, to relocate Department of the Navy 

10 activities from the Complex shall be used to pay the costs 

11 incurred by the Secretary to permanently relocate Depart12 ment of the Navy activities from the Complex. A military 

13 construction project carried out using such funds is 

14 deemed to be an authorized military construction project 

15 for purposes of section 2802 of title 10, United States 

16 Code. Section 2822 of such title shall continue to apply 

17 to any military family housing unit proposed to be con18 structed or acquired using such funds. 

19 (2) When a decision is made to carry out a military 

20 construction project using such funds, the Secretary of the 

21 Navy shall notify Congress in writing of that decision, in22 cluding the justification for the project and the current 

23 estimate of the cost of the project. The project may then 

24 be carried out only after the end of the 21-day period be25 ginning on the date the notification is received by Con-
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1 gress or, if earlier, the end of the 14-day period beginning 

2 on the date on which a copy of the notification is provided 

3 in an electronic medium pursuant to section 480 of title 

4 10, United States Code. 

5 (g) EFFECT OF FAILURE TO RECEIVE SUFFICIENT

6 FUNDS FOR RELOCATION COSTS.—

7 (1) CONGRESSIONAL NOTIFICATION.—At the 

8 end of the three-year period beginning on the date 

9 of the transfer of the Complex under subsection (a), 

10 the Secretary of the Navy shall submit to Congress 

11 a report—

12 (A) specifying the total amount needed to 

13 cover both the initial and permanent costs of 

14 relocating Department of the Navy activities 

15 from the portion of the Complex transferred 

16 under subsection (a); 

17 (B) specifying the total amount of the ini18 tial relocation costs paid by the Secretary of the 

19 Department of Homeland Security under sec20 tion 1(b); and 

21 (C) specifying the total amount of appro22 priated funds received by the Secretary of the 

23 Navy, from sources outside the Department of 

24 Defense, to cover the permanent relocation 

25 costs. 
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1 (2) ROLE OF OMB.—The Secretary of the Navy 

2 shall obtain the assistance and concurrence of the 

3 Director of the Office of Management and Budget in 

4 determining the total amount needed to cover both 

5 the initial and permanent costs of relocating Depart6 ment of the Navy activities from the portion of the 

7 Complex transferred under subsection (a), as re8 quired by paragraph (1)(A). 

9 (3) CERTIFICATION REGARDING RELOCATION

10 COSTS.—Not later than 30 days after the date on 

11 which the report under paragraph (1) is required to 

12 be submitted to Congress, the President shall certify 

13 to Congress whether the amounts specified in the re14 port pursuant to subparagraphs (B) and (C) of such 

15 paragraph are sufficient to cover both the initial and 

16 permanent costs of relocating Department of the 

17 Navy activities from the portion of the Complex 

18 transferred under subsection (a). The President 

19 shall make this certification only after consultation 

20 with the Chairmen and ranking minority members of 

21 the Committee on Armed Services and the Com22 mittee on Appropriations of the House of Represent23 atives and the Chairmen and ranking minority mem24 bers of the Committee on Armed Services and the 

25 Committee on Appropriations of the Senate. 
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1 (4) RESTORATION OF COMPLEX TO NAVY.—If 

2 the President certifies under paragraph (3) that 

3 amounts referred to in subparagraphs (B) and (C) 

4 of paragraph (1) are insufficient to cover Navy relo5 cation costs, the Administrator of General Services, 

6 at the request of the Secretary of the Navy, shall re7 store the Complex to the administrative jurisdiction 

8 of the Secretary of the Navy. 

9 (5) NAVY SALE OF COMPLEX.—If administra10 tive jurisdiction over the Complex is restored to the 

11 Secretary of the Navy, the Secretary shall convey 

12 the Complex by competitive sale. Amounts received 

13 by the United States as consideration from any sale 

14 under this paragraph shall be deposited in the spe15 cial account in the Treasury established pursuant to 

16 section 572(b) of title 40, United States Code.

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