In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Access to Medication and 
Improving Health Savings Act of 2016''.

          TITLE I--RESTORING ACCESS TO MEDICATION ACT OF 2016

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Restoring Access to Medication Act 
of 2016''.

SEC. 102. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER 
              DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.

    (a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of 
1986 is amended by striking the last sentence.
    (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by 
striking the last sentence.
    (c) Health Flexible Spending Arrangements and Health Reimbursement 
Arrangements.--Section 106 of such Code is amended by striking 
subsection (f).
    (d) Effective Date.--The amendments made by this section shall 
apply to expenses incurred after December 31, 2016.

               TITLE II--HEALTH CARE SECURITY ACT OF 2016

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Health Care Security Act of 
2016''.

SEC. 202. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME 
              HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(b)(5) of the Internal Revenue Code of 
1986 is amended to read as follows:
            ``(5) Special rule for married individuals with family 
        coverage.--
                    ``(A) In general.--In the case of individuals who 
                are married to each other, if both spouses are eligible 
                individuals and either spouse has family coverage under 
                a high deductible health plan as of the first day of 
                any month--
                            ``(i) the limitation under paragraph (1) 
                        shall be applied by not taking into account any 
                        other high deductible health plan coverage of 
                        either spouse (and if such spouses both have 
                        family coverage under separate high deductible 
                        health plans, only one such coverage shall be 
                        taken into account),
                            ``(ii) such limitation (after application 
                        of clause (i)) shall be reduced by the 
                        aggregate amount paid to Archer MSAs of such 
                        spouses for the taxable year, and
                            ``(iii) such limitation (after application 
                        of clauses (i) and (ii)) shall be divided 
                        equally between such spouses unless they agree 
                        on a different division.
                    ``(B) Treatment of additional contribution 
                amounts.--If both spouses referred to in subparagraph 
                (A) have attained age 55 before the close of the 
                taxable year, the limitation referred to in 
                subparagraph (A)(iii) which is subject to division 
                between the spouses shall include the additional 
                contribution amounts determined under paragraph (3) for 
                both spouses. In any other case, any additional 
                contribution amount determined under paragraph (3) 
                shall not be taken into account under subparagraph 
                (A)(iii) and shall not be subject to division between 
                the spouses.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2016.

SEC. 203. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE 
              ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(d)(2) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(D) Treatment of certain medical expenses 
                incurred before establishment of account.--If a health 
                savings account is established during the 60-day period 
                beginning on the date that coverage of the account 
                beneficiary under a high deductible health plan begins, 
                then, solely for purposes of determining whether an 
                amount paid is used for a qualified medical expense, 
                such account shall be treated as having been 
                established on the date that such coverage begins.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to coverage beginning after December 31, 2016.

SEC. 204. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT 
              INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET 
              LIMITATION.

    (a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal 
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting 
``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
    (b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended 
by striking ``$4,500'' and inserting ``the amount in effect under 
subsection (c)(2)(A)(ii)(II)''.
    (c) Conforming Amendments.--Section 223(g)(1) of such Code is 
amended--
            (1) by striking ``subsections (b)(2) and'' both places it 
        appears and inserting ``subsection'', and
            (2) by striking ``determined by'' in subparagraph (B) 
        thereof and all that follows through ```calendar year 2003'.'' 
        and inserting ``determined by substituting `calendar year 2003' 
        for `calendar year 1992' in subparagraph (B) thereof .''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2016.

   TITLE III--PROTECTING TAXPAYERS BY RECOVERING IMPROPER OBAMACARE 
                        SUBSIDY OVERPAYMENTS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Protecting Taxpayers by Recovering 
Improper Obamacare Subsidy Overpayments Act''.

SEC. 302. RECOVERY OF IMPROPER OVERPAYMENTS RESULTING FROM CERTAIN 
              FEDERALLY SUBSIDIZED HEALTH INSURANCE.

    (a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue 
Code of 1986 is amended to read as follows:
                            ``(i) In general.--In the case of a 
                        taxpayer whose household income is less than 
                        300 percent of the poverty line for the size of 
                        the family involved for the taxable year, the 
                        amount of the increase under subparagraph (A) 
                        shall in no event exceed the applicable dollar 
                        amount determined in accordance with the 
                        following table (one-half of such amount in the 
                        case of a taxpayer whose tax is determined 
                        under section 1(c) for the taxable year):


----------------------------------------------------------------------------------------------------------------
  ``If the household income (expressed as a
         percent of poverty line) is:                           The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%...............................  $600
At least 200% but less than 250%.............  $1,500
At least 250% but less than 300%.............  $3,000.''.
----------------------------------------------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2016.

            Passed the House of Representatives July 6, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
[A]: Restoring Access to Medication and Improving Health Savings Act of 2016  This bill amends the Internal Revenue Code to modify the rules that apply to health savings accounts (HSAs) and overpayments of subsidies under the Patient Protection and Affordable Care Act.  Restoring Access to Medication Act of 2016  The bill repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from HSAs, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).  Health Care Security Act of 2016  The bill modifies the rules for HSAs with respect to catch-up contributions for married couples, medical expenses incurred before an HSA is established, and contribution limits.  If both spouses of a married couple have family coverage under a high deductible health plan, each spouse may make catch-up contributions to the same HSA. (Catch-up contributions are additional contributions which individuals who are at least 55 years of age may make to an HSA.)  If an HSA is established within 60 days of the beginning of coverage under a high deductible health plan, any distribution from the HSA used to pay a qualified medical expense incurred during that 60-day period after the health coverage began is excludible from gross income. (Under current law, the medical expense must be incurred on or after the date that the HSA is established.)  The bill increases the maximum contribution limits for HSAs to equal the maximum for the sum of the annual deductible and out-of-pocket expenses that may be required to be paid for covered benefits under a high deductible health plan.  Protecting Taxpayers by Recovering Improper Obamacare Subsidy Overpayments Act  The bill eliminates the limitation on the increase in tax imposed upon certain low-income families for advance payments of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit. 


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urgent Counter-Terrorism 
Supplemental Appropriations Act, 2002''.

SEC. 2. STATEMENT OF APPROPRIATION.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2002, and for 
other purposes.

             TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS

SEC. 101. APPROPRIATION.

    In addition to the amounts provided in any other Act, there is 
hereby appropriated $6,548,000,000 to the ``Defense Emergency Response 
Fund'' only for the purpose of upgrading critical defense and 
intelligence capabilities to fight the war on terrorism and to recover 
from the attacks of September 11, 2001.

SEC. 102. TRANSFERS OF FUNDS.

    Notwithstanding any other provision of law or this Act, within 15 
days after the President makes an emergency designation under section 
301 for any amount specified in any section of title II, the Secretary 
of Defense shall transfer the requisite funds appropriated by section 
101 to appropriate accounts in the Treasury in accordance with the 
allocations specified in title II.

                     TITLE II--ALLOCATION OF FUNDS

SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES.

    To upgrade and improve the effectiveness of counter-terrorism 
intelligence collection and analysis, to better protect intelligence 
resources from terrorist attack, and to accelerate the installation of 
real-time linkages between intelligence systems and military 
warfighting platforms, $2,001,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $368,000,000 shall be available only to improve 
        Department of Defense and intelligence agency human 
        intelligence collection capabilities against terrorist 
        organizations to include additional manpower, additional 
        analytical capability, and agent operation expenses.
            (2) $245,000,000 shall be available only to the Director of 
        Central Intelligence to support critical foreign counter-
        intelligence force protection requirements and to provide 
        additional counter-terrorism assistance to the Federal Bureau 
        of Investigation in accordance with law.
            (3) $80,000,000 shall be available only to the Director of 
        Central Intelligence to upgrade counter-terrorism intelligence 
        tasking, processing, exploitation, and dissemination 
        capabilities.
            (4) $55,000,000 shall be available only to the Secretary of 
        Defense to upgrade counter-terrorism intelligence tasking, 
        processing, exploitation, and dissemination capabilities.
            (5) $497,000,000 shall be available only to procure and 
        support the enhancement and deployment of additional 
        Intelligence, Surveillance, and Reconnaissance assets in 
        support of Operation Enduring Freedom and follow-on anti-
        terrorist operations.
            (6) $159,000,000 shall be available only to enhance Navy 
        and Air Force electronic networking of assets and time critical 
        targeting capabilities.
            (7) $182,000,000 shall be available only to procure Link 16 
        systems for tactical ISR platforms to allow real time data 
        exchange between combat and command and control platforms.
            (8) $415,000,000 shall be available only to the Director of 
        Central Intelligence, in consultation with the Secretary of 
        Defense, for intelligence agency physical security upgrades, 
        data survivability/continuity enhancements, and satellite 
        infrastructure improvements.

SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES.

    To upgrade and improve the ability of the United States to detect, 
prevent and respond to chemical and biological warfare terrorist 
attacks at home and abroad, $817,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $307,000,000 shall be available only for rapid 
        development and/or procurement and deployment of biological 
        weapons detection systems and chemical/biological 
        decontamination equipment at key military and civilian 
        facilities.
            (2) $82,000,000 shall be available only to accelerate 
        production of anthrax vaccines and smallpox vaccine samples, to 
        develop next generation anthrax vaccines, and to develop, test, 
        evaluate and procure new drug therapies to counter biological 
        threat agents.
            (3) $185,000,000 shall be available only to equip existing 
        Army National Guard Weapons of Mass Destruction Civil Support 
        teams (WMD-CST teams) with mobile analytical laboratory 
        capabilities and to establish, train and equip additional WMD-
        CST teams in the following States and territories in order to 
        complete the objective of establishing WMD-CST teams in each 
        State and territory:
                    (A) Alabama.
                    (B) Connecticut.
                    (C) Delaware.
                    (D) District of Columbia.
                    (E) Indiana.
                    (F) Kansas.
                    (G) Maryland.
                    (H) Michigan.
                    (I) Mississippi.
                    (J) Montana.
                    (K) Nebraska.
                    (L) New Hampshire.
                    (M) New Jersey.
                    (N) Nevada.
                    (O) North Carolina.
                    (P) North Dakota.
                    (Q) Oregon.
                    (R) Rhode Island.
                    (S) South Dakota.
                    (T) Tennessee.
                    (U) Utah.
                    (V) Vermont.
                    (W) West Virginia.
                    (X) Wisconsin.
                    (Y) Wyoming.
                    (Z) American Samoa.
                    (AA) Guam.
                    (BB) Puerto Rico and Virgin Islands.
            (4) $40,000,000 shall be available only for biological 
        weapons proliferation prevention activities under the 
        Cooperative Threat Reduction Program. Of such funds, 
        $30,000,000 shall be transferred to ``Department of State--
        Nonproliferation, Anti-Terrorism, Demining, and Related 
        Programs'' only for the purpose of supporting expansion of the 
        Biological Weapons Redirect and International Science and 
        Technology Centers programs to prevent former Soviet weapons 
        experts from emigrating to proliferant States and to 
        reconfigure former Soviet biological weapons production 
        facilities for peaceful uses.
            (5) $68,000,000 shall be available only to support and 
        equip Marine Corps and Army chemical/biological warfare 
        response teams, including the procurement of additional mobile 
        decontamination units for these teams.
            (6) $25,000,000 shall be available only for the Army 
        Chemical Stockpile Emergency Preparedness Program for State and 
        Federal technical assistance projects to ensure public safety 
        at chemical weapons storage facilities in the following States:
                    (A) Alabama.
                    (B) Arkansas.
                    (C) Colorado.
                    (D) Illinois.
                    (E) Indiana.
                    (F) Maryland.
                    (G) Kentucky.
                    (H) Oregon.
                    (I) Utah.
                    (J) Washington.
            (7) $60,000,000 shall be available only for the procurement 
        of interoperable communications equipment to enable Army 
        emergency response teams to communicate with local emergency 
        response personnel.
            (8) $50,000,000 shall be available only to implement short-
        term facility repairs and improvements at the biocontainment 
        research laboratories of the Army Medical Research Institute of 
        Infectious Disease at Fort Detrick, Maryland, and the 
        facilities of the Army Institute of Pathology (AFIP) at the 
        Walter Reed Medical Center for the purpose of improving quick 
        response to demands for confirmatory and diagnostic testing of 
        potential biological threats and to accelerate the development 
        of treatments and vaccines against biological agents.

SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY.

    To upgrade and improve the ability of Special Forces to 
successfully operate in Operation Enduring Freedom and future anti-
terrorist operations, $755,000,000 of the funds appropriated in section 
101 shall be allocated as follows:
            (1) $50,000,000 shall be available only for the procurement 
        of AN/PRC 112B survival radios for SOF rescue/extraction teams 
        to provide geo-location and low probability of intercept/
        detection communications capability.
            (2) $90,000,000 shall be available only to procure common 
        missile warning systems and improved conventional munitions 
        dispensers for the MH-47 and MH-60 aircraft to enhance rotary 
        wing survivability.
            (3) $125,000,000 shall be available only to support 
        counter-terrorism full mission profile training to increase the 
        probability of mission success and decrease the possibility of 
        fratricide and to provide for shortfalls in flying hours 
        necessary to conduct such training and operations.
            (4) $125,000,000 shall be available only to support 
        survivability and mission enhancement upgrades for C-130, MH-
        53, and other SOF aircraft.
            (5) $165,000,000 shall be available only to procure 
        nonstandard weapons and ammunition, unconventional equipment 
        and supplies, and other SOF unique counter-terrorism 
        enhancements to current capabilities.
            (6) $200,000,000 shall be available only for SOCOM 
        equipment sustainment and refurbishment, and for procurement of 
        additional equipment.

SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES.

    To ensure an adequate supply of precision guided weapons and other 
weapons and munitions to fully prosecute Operation Enduring Freedom and 
future potential anti-terrorist operations, and to provide for the 
rapid development and deployment of promising anti-terrorist weapons, 
WMD defense capabilities, and added support to key tactical warfare 
systems, $912,000,000 of the funds appropriated in section 101 shall be 
allocated as follows:
            (1) $250,000,000 shall be available only to accelerate the 
        development and procurement of the tactical tomahawk cruise 
        missile.
            (2) $180,000,000 shall be available only for the 
        procurement of laser-guided bomb kits.
            (3) $125,000,000 shall be available only for procurement of 
        Army and Marine Corps small arms, small arms ammunition, and 
        night vision equipment.
            (4)(A) $250,000,000 shall be available only to 
        ``Operational Rapid Response Transfer Fund'', to remain 
        available for obligation until September 30, 2002, only for the 
        accelerated research, development, test, evaluation, 
        procurement, or deployment of military technologies, systems, 
        or other equipment necessary for improving the capability to 
        fight terrorism, protect the force, prepare for and respond to 
        terrorist attacks, or improve the capabilities of key tactical 
        systems.
            (B) The Secretary of Defense may transfer funds under this 
        paragraph only to operation and maintenance accounts, 
        procurement accounts, or research, development, test and 
        evaluation accounts.
            (C) Of the funds under this paragraph, $75,000,000 shall be 
        available only to support quick reaction activities to develop 
        and deploy promising new weapons and other WMD defense 
        capabilities that are recommended by the Department of Defense 
        Combating Terrorism Technology Task Force.
            (D) The Secretary of Defense shall provide 
written notification to the congressional defense committees prior to 
the transfer of any amount under this paragraph in excess of $5,000,000 
to a specific program, project, or activity.
            (E) None of the funds under this paragraph may be obligated 
        for new start projects without prior notification to the 
        congressional defense committees in conformance with normal 
        reprogramming procedures and guidelines.
            (5) $107,000,000 shall be available only to improve secure 
        communications capabilities of the Army Reserve components by 
        providing hardening, redundancy, storage, and information 
        assurance for network infrastructure.

SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES.

    To upgrade physical security at Department of Defense and 
intelligence agency installations, and to accelerate efforts to repair, 
reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1)(A) $800,000,000 shall be available only to finance 
        accelerated building renovation activities for military command 
        centers and related activities at the Pentagon Reservation in 
        order to accelerate completion of the Pentagon renovation 
        project by at least 4 years from the current estimated 
        completion date of 2014.
            (B) None of the funds under this paragraph shall be 
        obligated until 15 days after the Secretary of Defense has 
        submitted to the Congress a revised Pentagon renovation plan to 
        include estimated total costs by year and by function, a 
        comprehensive construction schedule, an assessment of the 
        security and operational benefits derived from an accelerated 
        schedule, and a certification that it is the Secretary's best 
        estimate that expenditure of such funds will accelerate the 
        final completion of the Pentagon renovation by at least 4 
        years.
            (2) $45,000,000 shall be available only to procure patrol 
        boat equipment in support of enhanced Navy capabilities to 
        maintain threat standoff distances in foreign ports.
            (3) $30,000,000 shall be available only to procure security 
        equipment identified by the Navy to be necessary to increase 
        the security of military sealift ships.
            (4) $25,000,000 shall be available only to upgrade 
        firefighting self contained breathing equipment on Navy surface 
        ships.
            (5) $31,000,000 shall be available only for Navy and Air 
        Force anti-access equipment.
            (6) $25,000,000 shall be available only for Army anti-
        access equipment.
            (7) $10,000,000 shall be available only to modernize the 
        USS Comfort and USS Mercy hospital ships.

SEC. 206. ESSENTIAL AIRCRAFT UPGRADES.

    To make essential upgrades and improvements in aircraft 
capabilities for operating in the Central Asia region, $602,000,000 of 
the funds appropriated in section 101 shall be allocated as follows:
            (1) $88,000,000 shall be available only for the procurement 
        of additional decoys, armor, and other self-protection upgrades 
        for Air Force aircraft.
            (2) $55,000,000 shall be available only for the procurement 
        of additional laser detecting sets and other self protection 
        and engine upgrades for Army (including SOCOM) helicopters.
            (3) $48,000,000 shall be available only for the procurement 
        of crashworthy UH-60 helicopter extended range fuel tanks.
            (4) $129,000,000 shall be available only to accelerate 
        planned electronic self protection, communications, navigation, 
        and engine upgrade modifications to combat search and rescue 
        helicopters.
            (5) $67,000,000 shall be available only to procure 
        additional Litening targeting pods for AV-8B Harrier aircraft.
            (6) $70,000,000 shall be available only to upgrade 
        strategic communications systems for the national airborne 
        command post.
            (7) $145,000,000 shall be available only to improve the 
        reliability of B-52 electronics and the maintainability of B-2 
        surfaces.

SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS.

    To ensure that the military services are not required to make 
reductions in essential training, readiness, equipment maintenance, 
quality of life, or research and development programs in order to pay 
for the unbudgeted and unpredictable operational costs of Operation 
Enduring Freedom, and to ensure that the aging equipment being used in 
Operation Enduring Freedom is properly maintained, $495,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1) $220,000,000 shall be available only to supplement the 
        defense working capital funds for increased fuel, base 
        operations, and training costs.
            (2) $200,000,000 shall be available only for additional 
        spare parts to support Operation Enduring Freedom.
            (3) $75,000,000 shall be available only for increased depot 
        maintenance requirements resulting from Operations Noble Eagle 
        and Enduring Freedom.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. EMERGENCY DESIGNATION.

    The entire amount specified in any section of title II--
            (1) is designated by the Congress as an emergency 
        requirement pursuant to section 251(b)(2)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985; and
            (2) shall be available only if an official budget request 
        for the entire amount contained in such section, that includes 
        designation of the entire amount as an emergency requirement as 
        defined in the Balanced Budget and Emergency Deficit Control 
        Act of 1985, is transmitted by the President to the Congress.

SEC. 302. REPORTING REQUIREMENT.

    Within 15 days after the President makes an emergency designation 
under section 301 for the amount specified in any section of title II, 
the Secretary of Defense shall provide to the Congress a report 
specifying the accounts to which the funds involved are to be 
transferred and project level budget justifications for each transfer.

SEC. 303. MERGER OF AMOUNTS.

    Funds transferred under this Act shall be merged with, and shall be 
available for the same time period as, the appropriations to which the 
funds are transferred.

SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES.

    Funds transferred under this Act to accounts for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
[A]: Urgent Counter-Terrorism Supplemental Appropriations Act, 2002 - Appropriates additional funds for FY 2002 to the Defense Emergency Response Fund solely for upgrading critical defense and intelligence capabilities to fight the war on terrorism and recover from the terrorist attacks of September 11, 2001.Allocates such funds to the following categories: (1) anti-terrorism intelligence upgrades, including funds for the Department of Defense and the Central Intelligence Agency; (2) chemical and biological warfare defense capabilities, including funds for detection systems, vaccines, mobile laboratories, and public safety at chemical weapons storage facilities; (3) special forces counter-terrorism capability, including for survival radios, common missile warning systems, and nonstandard and unconventional weapons and equipment; (4) munitions and essential equipment replenishment and upgrades; (5) force protection and recovery activities, including renovations of the Pentagon Reservation; (6) essential aircraft upgrades; and (7) Operation Enduring Freedom operational costs.Designates all such funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, limiting their availability unless Congress receives a presidential budget request for the entire amount in such category.


[Q]: 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
[A]:
Directs the Secretary of the Navy to transfer the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex to the administrative jurisdiction of the Administrator of General Services to accommodate the Department of Homeland Security (DHS). Authorizes the Secretary to retain jurisdiction over that portion of the Complex that, as of this Act's enactment date, is being used to provide Navy family housing. Directs the Secretary, within nine months, to: (1) complete the transfer of the Complex to the Administrator; and (2) relocate Navy activities at the Complex to other locations.

Makes the Secretary of DHS responsible for the payment of the costs to move furnishings and equipment related to the initial relocation of Navy activities from the Complex and costs incident to the initial occupancy by such activities of interim leased space. Authorizes appropriations to DHS for FY 2005 through 2007.

Expresses the sense of Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense (DOD), funds authorized and appropriated for the purpose of covering reasonable costs incurred by the Secretary to permanently relocate Navy activities from the Complex. Directs the Secretary to submit to the Director of the Office of Management and Budget and Congress an initial and revised estimates of such costs; (2) use relocation funds received from sources outside DOD to relocate Navy activities from the Complex; and (3) notify Congress in writing when a decision is made to carry out a military construction project using such funds.

Directs the Secretary of the Navy, at the end of the five-year period beginning on the date on which the transfer of the Complex is to be completed, to submit to Congress a report specifying: (1) the total amount needed to cover both the initial and permanent costs of relocating Navy activities; (2) the total amount of the initial relocation costs paid by the Secretary of DHS; and (3) the total amount of appropriated funds received by the Secretary of the Navy from sources outside DOD to cover the permanent relocation costs. Directs: (1) the President to certify to Congress whether the amounts specified in the report are sufficient to cover both the initial and permanent relocation costs; and (2) the Administrator, if the President certifies that such amounts are insufficient, to restore the Complex to the Navy's jurisdiction, at the request of the Secretary, who then shall convey the Complex by competitive sale and deposit amounts received in a special Treasury account to be used for facility maintenance and repair or environmental restoration.