[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Enrolled Bill (ENR)]
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, 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.