[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 799

Public Law 108-268
108th Congress

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. NOTE: July 2, 2004 -  [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) NOTE: Deadline. 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.

[[Page 800]]
118 STAT. 800

(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. NOTE: Applicability. 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) NOTE: Notification. 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) NOTE: Deadline. Reports. 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

[[Page 801]]
118 STAT. 801

(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) NOTE: Deadline. President. 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,

[[Page 802]]
118 STAT. 802

United States Code, and shall be available for use as provided
in subparagraph (B)(i) of such paragraph.

Approved July 2, 2004.

LEGISLATIVE HISTORY--H.R. 4322:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
June 14, considered and passed House.
June 21, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
July 2, Presidential statement.