H. R. 4322

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide for the transfer of the Nebraska Avenue Naval Complex in the District

of Columbia to facilitate the establishment of the headquarters for the Department

of Homeland Security, to provide for the acquisition by the Department of the

Navy of suitable replacement facilities, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TRANSFER OF NEBRASKA AVENUE NAVAL COMPLEX, DISTRICT OF COLUMBIA.

(a) TRANSFER REQUIRED.—Except as provided in subsection (b),

the Secretary of the Navy shall transfer the parcel of Department

of the Navy real property in the District of Columbia known as

the Nebraska Avenue Complex to the jurisdiction, custody, and

control of the Administrator of General Services for the purpose

of permitting the Administrator to use the Complex to accommodate

the Department of Homeland Security. The Complex shall be transferred in its existing condition.

(b) AUTHORITY TO RETAIN MILITARY FAMILY HOUSING.—At the

option of the Secretary of the Navy, the Secretary may retain

jurisdiction, custody, and control over that portion of the Complex

that, as of the date of the enactment of this Act, is being used

to provide Navy family housing.

(c) TIME FOR TRANSFER AND RELOCATION OF NAVY ACTIVITIES.—

Not later than nine months after the date of the enactment of

this Act, the Secretary of the Navy shall—

(1) complete the transfer of the Complex to the Administrator of General Services under subsection (a); and

(2) relocate Department of the Navy activities at the Complex to other locations.

(d) PAYMENT OF INITIAL RELOCATION COSTS.—

(1) PAYMENT RESPONSIBILITY.—Subject to the availability

of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment

of—

(A) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation

of Department of the Navy activities from the Nebraska

Avenue Complex; and

(B) all reasonable costs incident to the initial occupancy

by such activities of interim leased space, including rental

costs for the first year.
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(2) AUTHORIZATION OF APPROPRIATIONS.—For purposes of

carrying out paragraph (1), there is authorized to be appropriated to the Department of Homeland Security such sums

as may be necessary for fiscal years 2005 through 2007.

(e) PAYMENT OF LONG-TERM RELOCATION COSTS.—

(1) SENSE OF CONGRESS REGARDING PAYMENT.—It is the

sense of the Congress that the Secretary of the Navy should

receive, from Federal agencies other than the Department of

Defense, funds authorized and appropriated for the purpose

of covering all reasonable costs, not paid under subsection

(d), that are incurred or will be incurred by the Secretary

to permanently relocate Department of the Navy activities from

the Complex under subsection (c)(2).

(2) SUBMISSION OF COST ESTIMATES.—As soon as practicable

after the date of the enactment of this Act, the Secretary

of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the

amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the

portion of the Complex to be transferred under subsection (a).

The Secretary shall include in the estimate anticipated land

acquisition and construction costs. The Secretary shall revise

the estimate as necessary whenever information regarding the

actual costs for the relocation is obtained.

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

of the Navy, from sources outside the Department of Defense,

to relocate Department of the Navy activities from the Complex

shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex.

A military construction project carried out using such funds is

deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822

of such title shall continue to apply to any military family housing

unit proposed to be constructed or acquired using such funds.

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

project using such funds, the Secretary of the Navy shall notify

Congress in writing of that decision, including the justification

for the project and the current estimate of the cost of the project.

The project may then be carried out only after the end of the

21-day period beginning on the date the notification is received

by Congress or, if earlier, the end of the 14-day period beginning

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

an electronic medium pursuant to section 480 of title 10, United

States Code.

(g) EFFECT OF FAILURE TO RECEIVE SUFFICIENT FUNDS FOR

RELOCATION COSTS.—

(1) CONGRESSIONAL NOTIFICATION.—At the end of the fiveyear period beginning on the date on which the transfer of

the Complex is to be completed under subsection (c)(1), the

Secretary of the Navy shall submit to Congress a report—

(A) specifying the total amount needed to cover both

the initial and permanent costs of relocating Department

of the Navy activities from the portion of the Complex

transferred under subsection (a);

(B) specifying the total amount of the initial relocation

costs paid by the Secretary of the Department of Homeland

Security under subsection (d); and
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(C) specifying the total amount of appropriated funds

received by the Secretary of the Navy, from sources outside

the Department of Defense, to cover the permanent relocation costs.

(2) ROLE OF OMB.—The Secretary of the Navy shall obtain

the assistance and concurrence of the Director of the Office

of Management and Budget in determining the total amount

needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of

the Complex transferred under subsection (a), as required by

paragraph (1)(A).

(3) CERTIFICATION REGARDING RELOCATION COSTS.—Not

later than 30 days after the date on which the report under

paragraph (1) is required to be submitted to Congress, the

President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of

such paragraph are sufficient to cover both the initial and

permanent costs of relocating Department of the Navy activities

from the portion of the Complex transferred under subsection

(a). The President shall make this certification only after consultation with the Chairmen and ranking minority members

of the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed

Services and the Committee on Appropriations of the Senate.

(4) RESTORATION OF COMPLEX TO NAVY.—If the President

certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to

cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore

the Complex to the jurisdiction, custody, and control of the

Secretary of the Navy.

(5) NAVY SALE OF COMPLEX.—If the Complex is restored

to the Secretary of the Navy, the Secretary shall convey the

Complex by competitive sale. Amounts received by the United

States as consideration from any sale under this paragraph

shall be deposited in the special account in the Treasury established pursuant to paragraph (5) of section 572(b) of title 40,
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United States Code, and shall be available for use as provided

in subparagraph (B)(i) of such paragraph.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.