[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Received in Senate (RDS)]
2d Session
H. R. 4322
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2004
Received
_______________________________________________________________________
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.
Passed the House of Representatives June 14, 2004.
Attest
JEFF TRANDAHL,
Clerk.