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 facili-
ties, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
ESTABLISHMENT 
OF 
NEBRASKA 
AVENUE 
NAVAL COMPLEX, DISTRICT OF COLUMBIA, 
AS HEADQUARTERS FOR THE DEPARTMENT 
OF HOMELAND SECURITY. 
(a) ESTABLISHMENT
OF HEADQUARTERS.—Upon 
the transfer under section 2 of the parcel of Department 
of the Navy real property in the District of Columbia 
known as the Nebraska Avenue Complex, the Secretary 
of the Department of Homeland Security is authorized to 
establish the Nebraska Avenue Complex as the head-
quarters of the Department of Homeland Security for so 
long as the Secretary determines that the Nebraska Ave-
nue Complex is appropriate for such purposes, or until 
otherwise provided by law. 
(b) PAYMENT
OF INITIAL RELOCATION COSTS.—
Subject to the availability of appropriations for this pur-
pose, the Secretary of the Department of Homeland Secu-
rity shall be responsible for the payment of—
(1) all reasonable costs, including costs to move 
furnishings and equipment, related to the initial re-
location of Department of the Navy activities from 
the Nebraska Avenue Complex; and 
(2) all reasonable costs incident to the initial 
occupancy by such activities of interim leased space, 
including rental costs for the first year.
(c) AUTHORIZATION OF APPROPRIATIONS.—For pur-
poses of carrying out this section, there is authorized to 
be appropriated to the Department of Homeland Security 
such sums as may be necessary for fiscal years 2005 
through 2007. 
SEC. 2. TRANSFER OF JURISDICTION, NEBRASKA AVENUE 
NAVAL COMPLEX, DISTRICT OF COLUMBIA. 
(a) TRANSFER REQUIRED.—Except as provided in 
subsection (b), the Secretary of the Navy shall transfer 
to the administrative jurisdiction of the Administrator of 
General Services the parcel of Department of the Navy 
real property in the District of Columbia known as the 
Nebraska Avenue Complex 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 administrative jurisdiction over 
that portion of the Complex that, as of the date of the 
enactment of this Act, is being used to provide Navy fam-
ily housing. 
(c) TIME FOR TRANSFER.—Not later than January 
1, 2005, the Secretary of the Navy shall complete the 
transfer of administrative jurisdiction over the portion of
the Complex required to be transferred under subsection 
(a). 
(d) RELOCATION OF NAVY ACTIVITIES.—As part of 
the transfer of the Complex under subsection (a), the Sec-
retary of the Navy shall relocate Department of the Navy 
activities at the Complex to other locations. 
(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 sec-
tion 1(b), that are incurred or will be incurred by 
the Secretary to permanently relocate Department of 
the Navy activities from the Complex under sub-
section (d). 
(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. 
(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.—
(1) CONGRESSIONAL
NOTIFICATION.—At the 
end of the three-year period beginning on the date 
of the transfer of the Complex under subsection (a), 
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 sec-
tion 1(b); 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 
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-
store the Complex to the administrative jurisdiction 
of the Secretary of the Navy. 
(5) NAVY SALE OF COMPLEX.—If administra-
tive jurisdiction over 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 spe-
cial account in the Treasury established pursuant to 
section 572(b) of title 40, United States Code.
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