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 fa-
cilities, and for other purposes.
HR 4322 RDS 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TRANSFER OF NEBRASKA AVENUE NAVAL COM-
PLEX, 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 Com-
plex to the jurisdiction, custody, and control of the Admin-
istrator 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—
HR 4322 RDS 
(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 ac-
tivities from the Nebraska Avenue Complex; 
and 
(B) all reasonable costs incident to the ini-
tial 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 au-
thorized to be appropriated to the Department of 
Homeland Security such sums as may be necessary 
for fiscal years 2005 through 2007.
HR 4322 RDS 
(e) 
PAYMENT
OF
LONG-TERM
RELOCATION 
COSTS.— 
(1) SENSE
OF
CONGRESS
REGARDING
PAY-
MENT.—It is the sense of the Congress that the Sec-
retary 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 sub-
section (d), that are incurred or will be incurred by 
the Secretary to permanently relocate Department of 
the Navy activities from the Complex under sub-
section (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 perma-
nently 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 con-
struction costs. The Secretary shall revise the esti-
mate as necessary whenever information regarding 
the actual costs for the relocation is obtained.
HR 4322 RDS 
(f) TREATMENT OF FUNDS.—(1) Funds received by 
the Secretary of the Navy, from sources outside the De-
partment 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 Depart-
ment 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 con-
structed 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, in-
cluding 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 be-
ginning on the date the notification is received by Con-
gress 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.—
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(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 ini-
tial relocation costs paid by the Secretary of the 
Department of Homeland Security under sub-
section (d); and 
(C) specifying the total amount of appro-
priated 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 Depart-
ment of the Navy activities from the portion of the
HR 4322 RDS 
Complex transferred under subsection (a), as re-
quired 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 re-
port 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 Com-
mittee on Appropriations of the House of Represent-
atives and the Chairmen and ranking minority mem-
bers 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 relo-
cation costs, the Administrator of General Services, 
at the request of the Secretary of the Navy, shall re-
HR 4322 RDS 
store 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 Sec-
retary shall convey the Complex by competitive sale. 
Amounts received by the United States as consider-
ation from any sale under this paragraph shall be 
deposited in the special account in the Treasury es-
tablished 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.