[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Introduced in House (IH)]
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 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. 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 headquarters of the Department of Homeland
Security for so long as the Secretary determines that the Nebraska
Avenue 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 purpose, the Secretary of the
Department of Homeland Security shall be responsible for the payment
of--
(1) 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
(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 purposes 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 family
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 Secretary 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 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 section 1(b), that are
incurred or will be incurred by the Secretary to permanently
relocate Department of the Navy activities from the Complex
under subsection (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
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 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 initial
relocation costs paid by the Secretary of the
Department of Homeland Security under section 1(b); 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 administrative jurisdiction of the
Secretary of the Navy.
(5) Navy sale of complex.--If administrative 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 special account
in the Treasury established pursuant to section 572(b) of title
40, United States Code.
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