Congressional Record, Volume 150 Issue 81 (Monday, June 14, 2004)

[Congressional Record Volume 150, Number 81 (Monday, June 14, 2004)]
[House]
[Pages H3897-H3900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR ESTABLISHMENT OF HEADQUARTERS FOR DEPARTMENT OF HOMELAND
SECURITY

Mr. HUNTER. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read as follows:

H.R. 4322

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),

[[Page H3898]]

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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Hunter) and the gentleman from Washington (Mr. Larsen)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).

General Leave

Mr. HUNTER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 4322, the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this March the Department of Homeland Security
celebrated its first anniversary in its short existence. DHS has been a
leader in the effort to secure America, prevent and deter terrorist
attacks, and protect against and respond to threats against the Nation.
While DHS has successfully integrated 22 government agencies into the
homeland security mission, it still does not have a centralized
headquarters location. The longer that DHS operates without such a
centralized location, the longer it will be handicapped by the
challenges of running an organization whose parts are scattered
throughout the region.
H.R. 4322 addresses this shortcoming by authorizing the Department of
the Navy to transfer jurisdiction, custody, and control over more than
30 acres in northwest Washington, known as the Nebraska Avenue Complex,
to the General Services Administration. This property will be used as
the Department of Homeland Security headquarters.
This bill was crafted at the request of the administration and is
cosponsored by the gentleman from California (Mr. Cox), the chairman of
the Select Committee on Homeland Security. The House Committee on Armed
Services reported the base text of this bill without objection on a
voice vote.
The amended version before the House today contains a number of
technical changes to the bill reported by the committee, most notably
the addition of ``custody and control'' to the transfer language, but
the substance of the bill remains the same. In sum, it provides a home
for the headquarters of DHS for the foreseeable future.
In just 1 year, DHS has proven its value to homeland security. I urge
my colleagues to help make DHS an even more effective organization by
supporting H.R. 4322 today.
Mr. Speaker, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Speaker, I yield myself as much time as
I may consume.
Mr. Speaker, the Department of Homeland Security has understandably
operated without a consolidated headquarters since its inception. The
bill before us will convey property from the Navy to the GSA to help
consolidate headquarters for the Department.
Given the critical nature of the Department's mission, we must allow
Secretary Ridge to operate the Department as efficiently as possible.
This bill is a significant step in the growth of this new agency; and
that is why the Committee on Armed Services, in a bipartisan way,
supports relocating the Navy from its Nebraska Avenue Complex in
northwest Washington, D.C., to accommodate the Department of Homeland
Security.
We should be under no illusion, however, that the headquarters
provided under this bill is a permanent or ideal solution. In fact,
some have even questioned whether this is truly a headquarters at all.
We are consolidating some of the leadership elements of the departments
on one site, but workers will still be spread among more than a dozen
buildings. It is not yet clear that the site can fully accommodate the
Department's headquarters, in part because the Department is still
evolving and is itself a patchwork of agencies. Several of the
Department's key agencies will maintain separate headquarters
elsewhere. These concerns have led some in Congress to question whether
we should even designate the Nebraska Avenue Complex as the
headquarters of the Department at all.

[[Page H3899]]

I am also aware that the distinguished gentlewoman from the District
of Columbia (Ms. Norton) has concerns with portions of the bill, and
she will seek time to speak on this, in particular, the provision that
calls for the selling of property if the Navy is not fully reimbursed
for the cost of its move. This provision was inserted to help ensure
the Navy does not pay a financial penalty to accommodate the Department
of Homeland Security, but the potential mandatory sale of 38 acres in
the District raises legitimate concerns. We will continue to work with
everyone, including the gentlewoman from the District, to address these
concerns when we conference with the Senate on this matter.
The bill before us is imperfect. It still needs some work, but a lot
of changes have been made to it. In a sense it is a reflection of the
nature and the status of the Department of Homeland Security itself.
Despite some of these flaws, though, the bill is a step in the right
direction, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. HUNTER. Mr. Speaker, I do not believe we have anymore speakers. I
would thank my colleague, an esteemed member of the committee, for his
comments; and I believe he has one more speaker on his side. If he
could go ahead and recognize that speaker, then we will close out very
quickly.
Mr. LARSEN of Washington. Mr. Speaker, I yield 6\1/2\ minutes to the
gentlewoman from the District of Columbia (Ms. Norton).

{time} 1545

Ms. NORTON. Mr. Speaker, I appreciate the work of the gentleman from
California (Mr. Hunter), the chairman of the committee, and the
gentleman from Washington (Mr. Larsen) for bringing this bill to the
floor. I support this bill.
I am very pleased that this question has been settled by the
commitment of the Department of Homeland Security to make its home in
the District of Columbia. It is unthinkable that the Department of
Homeland Security of our country should be elsewhere. I commend
Secretary Ridge for his personal involvement in this decision. I am a
member of both of the committees involved with this issue, the Select
Committee on Homeland Security, I am not a member of the Committee on
Armed Services, of course, and the Subcommittee on Public Buildings,
Economic Development and Emergency Development of the Committee on
Transportation and Infrastructure.
Since the Department was created 2 years ago, I have worked with both
the Department of Homeland Security and the General Services
Administration to identify suitable space in the District of Columbia
to house the new Department. I am delighted that for now, and until the
Committee on Transportation and Infrastructure reviews and approves
housing plans, which the Department is in the process of drawing, the
Department will be housed at the Naval complex on Nebraska Avenue.
The Department has spent considerable time in preparing a housing
plan, but it is important to note that this is a department in
formation, so the Department itself is having its difficulties thinking
about how the Department will look 5 years out, 10 years out; and for
that reason we have not held hearings to review the DHS's plan for what
security elements will be included in headquarters operations. Members
can imagine that they would have to be extraordinary.
My colleagues on the Committee on Transportation and Infrastructure
in a bipartisan fashion shared that they all have concerns about the
language contained in the title. The language is that this facilitates
the establishment of a headquarters complex at the Nebraska Avenue
complex. This may seem like a technical matter. I hope it is a
technical matter.
We would hope if the director, after drawing his housing plan, were
to decide that he wished to be elsewhere, the way in which the GSA
operates is it goes and tries to find him space elsewhere. We do not
even know how big this Department will be and if it will outgrow the
Nebraska headquarters, so the notion that this is the headquarters
could be read technically to mean they do not have the authority to
move elsewhere.
By way of background, officials from the White House Office of
Management and Budget, the Department of Homeland Security, the General
Services Administration, and the Navy agreed to a three-step approach
whereby: (1) the Nebraska Avenue complex would be transferred to GSA;
(2) GSA would lease the space to homeland security; and (3) the Navy
would be made whole for the expenses associated with its move from the
site.
In fact, in February of this year, these officials met with the
transportation committee staff on a bipartisan basis to review the
details of this approach. That is the administration and the staff on
both sides of the aisle meeting in the same room. The original bill
title merely spoke about the use of the property by homeland security,
not establishing permanent headquarters. Again, this is a very
technical matter, but we have seen how technical matters can throw
people off once they want to do something in the Congress. I am not
making a major objection, but I want to go on the record to say that if
Secretary Ridge says this is a whole lot smaller space than we need, I
do not want us to say you are locked in by the language of the title.
That is all I am bringing to Members' attention.
The Nebraska Avenue complex is 38 acres in northwest Washington. It
contains 33 mostly unconnected buildings, over 1,000 parking spaces,
and 556,000 square feet of office space. Many of the buildings are old,
one dating back to 1916, many constructed in the 1920s. The site is not
nearly as secure as it has to be for the agency with the highest
security mission.
Currently, there are 1,300 personnel at the site, almost evenly split
between Navy personnel and DHS personnel. Eventually DHS intends to
house 1,986 personnel at the site; at least that is what they think
now. Those personnel are now housed in mostly leased space in over 5
million square feet of space in the District and the region.
Given the enormous impact DHS will have on the government's
administrative costs, and the impact it will have on the District and
the region, more thought and attention should be given to establishing
a headquarters in the District of Columbia. I have to assume that the
decision of the Secretary would be controlling, it always is, when we
look for space for an agency.
The bill also contains a mandatory sale provision of the property in
the event the Navy is not fully reimbursed for its moving cost. A sale
of such magnitude in the District of Columbia should be consistent with
provisions of the Property Act, and not an act conducted solely by the
Navy.
Mr. LARSEN of Washington. Mr. Speaker, I yield back the balance of my
time.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentlewoman from the District of Columbia (Ms. Norton)
and also the gentleman from Washington (Mr. Larsen) for their comments.
I think we do have 22 agencies coming together in this Homeland
Security Department. Obviously it is a major, major challenge to put
this team together. We are taking the first step, and that is getting
an appropriate area in Washington, D.C. to headquarter this team.
I want to commend Mr. Ridge and Asa Hutchinson and the gentleman from
Washington (Mr. Larsen), who is helping us on this legislation, and the
gentlewoman from the District of Columbia (Ms. Norton) for everything
she has done.
Mr. OBERSTAR. Mr. Speaker, I would like to thank the House Armed
Services Committee for making changes, at the request of the
Transportation and Infrastructure Committee, to H.R. 4322, a bill to
transfer the Nebraska Avenue Naval Complex (``Complex'') in Washington,
DC, to General Service Administration (``GSA'') for the purpose of
permitting GSA to use the Complex to house the Department of Homeland
Security (``DHS''). One important change clarifies that the Department
of Navy will transfer the property to the ``jurisdiction, custody, and
control'' of GSA. These terms clarify that GSA will have the same
authority over the Complex as it does over other government facilities.
However, I regretfully note that the title of the amended bill
includes an error that suggests that the bill is establishing the DHS
headquarters. Although the bill title does not have legislative effect,
I wish to make clear that this bill does not establish a headquarters

[[Page H3900]]

for DHS. It would be premature to do so because there has been no
analysis of the pros and cons of the Complex, compared to other
possible sites. DHS will continue to be housed in the Complex facility
while DHS and GSA prepare a long-term housing plan for the Department
of Homeland Security to be submitted for approval to the Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works. Through that process, the Committee will
determine an appropriate permanent headquarters location for DHS in the
District of Columbia.
While the Nebraska Avenue Naval Complex adequately serves DHS as an
interim facility, there are many serious deficiencies associated with
its aging buildings and the fact that the facility's 33 buildings are
scattered across a 38-acre site. Moreover, building and
telecommunication security is not optimal. DHS, GSA, and the
Transportation Committee will consider these and other issues as we
examine a long-term housing plan and headquarters location for DHS.
Mr. HUNTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentleman from California (Mr. Hunter) that the House
suspend the rules and pass the bill, H.R. 4322, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A Bill 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
Department of the Navy of suitable replacement facilities, and for
other purposes.''.
A motion to reconsider was laid on the table.

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