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, DIS-
TRICT 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 trans-
ferred 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 Adminis-
trator of General Services under subsection (a); and
(2) relocate Department of the Navy activities at the Com-
plex 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 Depart-
ment of Homeland Security shall be responsible for the payment
of—
(A) all reasonable costs, including costs to move fur-
nishings 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 appro-
priated 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 Manage-
ment 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 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 perma-
nently 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 pur-
poses 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
H. R. 4322—3
(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 reloca-
tion 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 relo-
cating 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 speci-
fied 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 con-
sultation 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 Chair-
men 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 sub-
paragraphs (B) and (C) of paragraph (1) are insufficient to
cover Navy relocation costs, the Administrator of General Serv-
ices, 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 estab-
lished pursuant to paragraph (5) of section 572(b) of title 40,
H. R. 4322—4
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.