Pub.L. 108-269 To amend the Bend Pine Nursery Land Conveyance Act to direct the Secretary of Agriculture to sell the Bend Pine Nursery Administrative Site in the State of Oregon. <> ...

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[[Page 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 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 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 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:
---------------------------------------------------------------------------

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.

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