II 

108TH CONGRESS 

2D SESSION H. R. 4322 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2004 

Received 

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. 
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HR 4322 RDS 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TRANSFER OF NEBRASKA AVENUE NAVAL COM4 PLEX, DISTRICT OF COLUMBIA. 

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

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

7 the parcel of Department of the Navy real property in the 

8 District of Columbia known as the Nebraska Avenue Com9 plex to the jurisdiction, custody, and control of the Admin10 istrator of General Services for the purpose of permitting 

11 the Administrator to use the Complex to accommodate the 

12 Department of Homeland Security. The Complex shall be 

13 transferred in its existing condition. 

14 (b) AUTHORITY TO RETAIN MILITARY FAMILY

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

16 the Secretary may retain jurisdiction, custody, and control 

17 over that portion of the Complex that, as of the date of 

18 the enactment of this Act, is being used to provide Navy 

19 family housing. 

20 (c) TIME FOR TRANSFER AND RELOCATION OF NAVY

21 ACTIVITIES.—Not later than nine months after the date 

22 of the enactment of this Act, the Secretary of the Navy 

23 shall— 
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1 (1) complete the transfer of the Complex to the 

2 Administrator of General Services under subsection 

3 (a); and 

4 (2) relocate Department of the Navy activities 

5 at the Complex to other locations. 

6 (d) PAYMENT OF INITIAL RELOCATION COSTS.— 

7 (1) PAYMENT RESPONSIBILITY.—Subject to the 

8 availability of appropriations for this purpose, the 

9 Secretary of the Department of Homeland Security 

10 shall be responsible for the payment of— 

11 (A) all reasonable costs, including costs to 

12 move furnishings and equipment, related to the 

13 initial relocation of Department of the Navy ac14 tivities from the Nebraska Avenue Complex; 

15 and 

16 (B) all reasonable costs incident to the ini17 tial occupancy by such activities of interim 

18 leased space, including rental costs for the first 

19 year. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.—For 

21 purposes of carrying out paragraph (1), there is au22 thorized to be appropriated to the Department of 

23 Homeland Security such sums as may be necessary 

24 for fiscal years 2005 through 2007. 
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HR 4322 RDS 

1 (e) PAYMENT OF LONG-TERM RELOCATION

2 COSTS.— 

3 (1) SENSE OF CONGRESS REGARDING PAY4 MENT.—It is the sense of the Congress that the Sec5 retary of the Navy should receive, from Federal 

6 agencies other than the Department of Defense, 

7 funds authorized and appropriated for the purpose 

8 of covering all reasonable costs, not paid under sub9 section (d), that are incurred or will be incurred by 

10 the Secretary to permanently relocate Department of 

11 the Navy activities from the Complex under sub12 section (c)(2). 

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

14 as practicable after the date of the enactment of this 

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

16 Director of the Office of Management and Budget 

17 and the Congress an initial estimate of the amounts 

18 that will be necessary to cover the costs to perma19 nently relocate Department of the Navy activities 

20 from the portion of the Complex to be transferred 

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

22 the estimate anticipated land acquisition and con23 struction costs. The Secretary shall revise the esti24 mate as necessary whenever information regarding 

25 the actual costs for the relocation is obtained. 
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1 (f) TREATMENT OF FUNDS.—(1) Funds received by 

2 the Secretary of the Navy, from sources outside the De3 partment of Defense, to relocate Department of the Navy 

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

5 incurred by the Secretary to permanently relocate Depart6 ment of the Navy activities from the Complex. A military 

7 construction project carried out using such funds is 

8 deemed to be an authorized military construction project 

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

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

11 to any military family housing unit proposed to be con12 structed or acquired using such funds. 

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

14 construction project using such funds, the Secretary of the 

15 Navy shall notify Congress in writing of that decision, in16 cluding the justification for the project and the current 

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

18 be carried out only after the end of the 21-day period be19 ginning on the date the notification is received by Con20 gress or, if earlier, the end of the 14-day period beginning 

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

22 in an electronic medium pursuant to section 480 of title 

23 10, United States Code. 

24 (g) EFFECT OF FAILURE TO RECEIVE SUFFICIENT

25 FUNDS FOR RELOCATION COSTS.— 
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HR 4322 RDS 

1 (1) CONGRESSIONAL NOTIFICATION.—At the 

2 end of the five-year period beginning on the date on 

3 which the transfer of the Complex is to be completed 

4 under subsection (c)(1), the Secretary of the Navy 

5 shall submit to Congress a report— 

6 (A) specifying the total amount needed to 

7 cover both the initial and permanent costs of 

8 relocating Department of the Navy activities 

9 from the portion of the Complex transferred 

10 under subsection (a); 

11 (B) specifying the total amount of the ini12 tial relocation costs paid by the Secretary of the 

13 Department of Homeland Security under sub14 section (d); and 

15 (C) specifying the total amount of appro16 priated funds received by the Secretary of the 

17 Navy, from sources outside the Department of 

18 Defense, to cover the permanent relocation 

19 costs. 

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

21 shall obtain the assistance and concurrence of the 

22 Director of the Office of Management and Budget in 

23 determining the total amount needed to cover both 

24 the initial and permanent costs of relocating Depart25 ment of the Navy activities from the portion of the 
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1 Complex transferred under subsection (a), as re2 quired by paragraph (1)(A). 

3 (3) CERTIFICATION REGARDING RELOCATION

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

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

6 be submitted to Congress, the President shall certify 

7 to Congress whether the amounts specified in the re8 port pursuant to subparagraphs (B) and (C) of such 

9 paragraph are sufficient to cover both the initial and 

10 permanent costs of relocating Department of the 

11 Navy activities from the portion of the Complex 

12 transferred under subsection (a). The President 

13 shall make this certification only after consultation 

14 with the Chairmen and ranking minority members of 

15 the Committee on Armed Services and the Com16 mittee on Appropriations of the House of Represent17 atives and the Chairmen and ranking minority mem18 bers of the Committee on Armed Services and the 

19 Committee on Appropriations of the Senate. 

20 (4) RESTORATION OF COMPLEX TO NAVY.—If 

21 the President certifies under paragraph (3) that 

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

23 of paragraph (1) are insufficient to cover Navy relo24 cation costs, the Administrator of General Services, 

25 at the request of the Secretary of the Navy, shall re-
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1 store the Complex to the jurisdiction, custody, and 

2 control of the Secretary of the Navy. 

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

4 is restored to the Secretary of the Navy, the Sec5 retary shall convey the Complex by competitive sale. 

6 Amounts received by the United States as consider7 ation from any sale under this paragraph shall be 

8 deposited in the special account in the Treasury es9 tablished pursuant to paragraph (5) of section 

10 572(b) of title 40, United States Code, and shall be 

11 available for use as provided in subparagraph (B)(i) 

12 of such paragraph. 

Passed the House of Representatives June 14, 2004. 

Attest JEFF TRANDAHL, 

Clerk.