[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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