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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Received in Senate (RDS)]

  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.

    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.
            (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 five-
        year 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
                    (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, United States Code, and shall be available for use as 
        provided in subparagraph (B)(i) of such paragraph.

            Passed the House of Representatives June 14, 2004.

            Attest

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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