TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disability Insurance Reform Act of 
1994''.

SEC. 2. REFORM OF MONTHLY INSURANCE BENEFITS BASED ON DISABILITY 
              INVOLVING SUBSTANCE ABUSE.

    (a) In General.--Section 225 of the Social Security Act (42 U.S.C. 
425) is amended--
            (1) by striking the heading and inserting the following:

      ``additional rules relating to benefits based on disability

                      ``Suspension of Benefits'';

            (2) by inserting before subsection (b) the following new 
        heading:

       ``Continued Payments During Rehabilitation Program''; and

            (3) by adding at the end the following new subsection:

         ``Nonpayment of Benefits by Reason of Substance Abuse

    ``(c)(1)(A) Notwithstanding any other provision of this title, no 
benefit based on disability under this title shall be paid to any 
individual for any month during any period of consecutive months 
beginning with a month in which such individual is medically determined 
to be a drug addict or an alcoholic and ending with a month as of the 
end of which--
            ``(i) the person, through an outpatient rehabilitation 
        program, has subsequently undergone treatment appropriate for 
        such condition for 3 months at an institution or facility 
        approved by the Secretary for purposes of this subsection, and 
        has complied with the terms, conditions, and requirements of 
        such treatment and with the requirements imposed under 
        paragraph (4); and
            ``(ii) the Secretary determines that--
                    ``(I) the person has made progress towards 
                recovery, or has recovered; or
                    ``(II) if the person has not made progress towards 
                recovery, the person meets such requirements 
                established in regulations as the Secretary deems 
                appropriate to effectuate the purposes of this title.
    ``(B) In any case in which an individual's disability is based in 
whole or in part on a medical determination that the individual is a 
drug addict or alcoholic, such individual's benefits based on 
disability under this title which are otherwise payable for any month 
preceding the month in which application for such benefits is made 
(pursuant to section 202(j)(1) or the last sentence of section 223(b)) 
shall be payable only pursuant to a certification of such payment to a 
representative payee of such individual pursuant to section 205(j).
    ``(2) If, after the 3-month treatment period referred to in 
paragraph (1)(A), the Secretary determines that the person has not 
recovered from the condition treated, then, as a condition of receiving 
benefits based on disability under this title for any month after such 
period, the person must continue to comply with the terms, conditions, 
and requirements of such treatment and with the requirements imposed 
under paragraph (4), until the month in which the Secretary determines 
that the person has recovered from such condition.
    ``(3)(A) Notwithstanding any other provision of this title, in the 
case of a person who fails to continue treatment as required by 
paragraph (2), no benefit based on disability shall be paid under this 
title for any month ending after such failure and before the person has 
completed 2 weeks of such treatment.
    ``(B) In the case of a person to whom a benefit based on disability 
under this title becomes payable for any month after a month for which 
such benefit was not payable under subparagraph (A), and who thereafter 
fails to continue treatment as required by paragraph (2), no benefit 
based on disability shall be paid under this title for any month ending 
after such failure and before the person has completed 2 months of such 
treatment.
    ``(C) In the case of a person to whom a benefit based on disability 
under this title becomes payable for any month after a month for which 
such benefit was not payable under subparagraph (B), and who thereafter 
fails to continue treatment as required by paragraph (2), no benefit 
based on disability shall be paid under this title for any month ending 
after such failure.
    ``(4) For purposes of this subsection, the term `benefit based on 
disability' of an individual means a disability insurance benefit of 
such individual under section 223 or a child's, widow's, or widower's 
insurance benefit of such individual under section 202 based on the 
disability of such individual.
    ``(5) Monthly insurance benefits under this title which would be 
payable to any individual (other than the disabled individual to whom 
benefits are not payable by reason of this subsection) on the basis of 
the wages and self-employment income of such a disabled individual but 
for the provisions of paragraph (1), shall be payable as though such 
disabled individual were receiving such benefits which are not payable 
under this subsection.
    ``(6) The Secretary shall provide for the monitoring and testing of 
all individuals who are receiving benefits under this title and who as 
a condition of such benefits are required to be undergoing treatment 
and complying with the terms, conditions, and requirements thereof as 
described in the preceding provisions of this subsection, in order to 
assure such compliance and to determine the extent to which the 
imposition of such requirements is contributing to the achievement of 
the purposes of this title. The Secretary may retain jurisdiction in 
the case of a hearing before the Secretary under this title to the 
extent the Secretary determines necessary to carry out the preceding 
sentence. The Secretary shall annually submit to the Congress a full 
and complete report on the Secretary's activities under this paragraph.
    ``(7) The Secretary, in consultation with drug and alcohol 
treatment professionals, shall develop standards for drug and alcohol 
treatment programs, and in consultation with States, shall develop 
guidelines to be used to review and evaluate the progress of 
participants in such programs.''.
    (b) Preservation of Medicare Benefits.--Section 226 of such title 
(42 U.S.C. 426) is amended by adding at the end the following:
    ``(i) For purposes of this section, each person to whom a benefit 
for any month is not payable by reason of section 225(c) shall be 
treated as entitled to such benefit for such month if such person would 
be entitled to such benefit for such month in the absence of such 
section.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months beginning 90 or more days after 
the date of the enactment of this Act.

SEC. 3. RESTRICTION OF FUTURE REPRESENTATIVE PAYEES TO GOVERNMENT 
              AGENCIES, STATE-LICENCED OR CERTIFIED FACILITIES, OR 
              STATE-BONDED OR LICENSED COMMUNITY-BASED NONPROFIT SOCIAL 
              SERVICE AGENCIES.

    (a) Restriction to Qualified Organizations.--Section 205(j) of the 
Social Security Act (42 U.S.C. 405(j)) is amended--
            (1) in paragraph (1), by striking ``another individual, or 
        an organization,'' and inserting ``a qualified organization'';
            (2) in paragraph (2)(A)(i), by striking ``the person'' and 
        inserting ``the qualified organization'', and by striking 
        ``such person'' and inserting ``representatives of such 
        qualified organization'';
            (3) in paragraph (2)(B)(i), by striking ``person'' each 
        place it appears in subclause (I) and inserting ``qualified 
        organization'', by striking ``person's social security account 
        number (or employer identification number)'' in subclause (II) 
        and inserting ``qualified organization's employer 
        identification number'', by striking ``such person'' in 
        subclause (III) and inserting ``such qualified organization'', 
        and by striking ``such person'' each place it appears in 
        subclause (IV) and inserting ``such qualified organization''; 
        and
            (4) by striking paragraph (2)(B)(ii), by redesignating 
        paragraph (2)(B)(i) (as amended by paragraph (3)) as paragraph 
        (2)(B), and by redesignating subclauses (I), (II), (III), and 
        (IV) of paragraph (2)(B) (as redesignated) as clauses (i), 
        (ii), (iii), and (iv), respectively.
    (b) Qualified Organization Defined.--
            (1) In general.--Section 205(j)(2)(C)(i) of such Act (42 
        U.S.C. 405(j)(2)(C)(i)) is amended by striking ``Benefits of an 
        individual may not be certified for payment to any other person 
        pursuant to this subsection if--'' and inserting ``For purposes 
        of this subsection, the term `qualified organization' means an 
        agency or instrumentality of a State or a political subdivision 
        of a State, a nonprofit facility that is licensed or certified 
        as a care facility under the law of a State or a political 
        subdivision of a State, and, in connection with services 
        provided as a representative payee under this subsection in any 
        State, a community-based nonprofit social service agency which 
        is bonded or licensed in such State. Except as otherwise 
        provided in this subsection, such term does not include any 
        person if--''.
            (2) Conforming amendments.--Section 205(j)(2)(C) of such 
        Act is further amended--
                    (A) by striking ``subparagraph (B)(i)(III)'' in 
                clause (i)(I) and inserting ``subparagraph (B)(iii)'', 
                and by striking ``subparagraph (B)(i)(IV)'' in clause 
                (i)(II) and inserting ``subparagraph (B)(iv)'';
                    (B) in clause (iii), by striking subclauses (I) and 
                (IV), by redesignating subclauses (II), (III), and (V) 
                as subclauses (I), (II), and (III), respectively, and 
                by striking ``an individual'' in subclause (III) (as 
                redesignated) and inserting ``a person''; and
                    (C) in clause (iv), by striking ``individual'' each 
                place it appears and inserting ``person''.
    (c) Authorization for Fees.--Section 205(j)(4) of such Act (42 
U.S.C. 405(j)(4)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
    ``(4)(A) A qualified organization may collect from an individual a 
monthly fee for expenses (including overhead) incurred by such 
organization in providing services performed as such individual's 
representative payee pursuant to this subsection if such fee does not 
exceed 10 percent of the monthly benefit involved. Any agreement 
providing for a fee in excess of the amount permitted under this 
subparagraph shall be void and shall be treated as misuse by such 
organization of such individual's benefits.'';
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraph (C) as subparagraph (B) 
        and, in subparagraph (B) (as so redesignated), by striking 
        ``qualified organization'' and inserting ``person''; and
            (4) by striking subparagraph (D).
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to certifications of payments to representative 
payees made on or after the date of the enactment of this Act. Section 
205(j) of the Social Security Act (42 U.S.C. 405(j)) as in effect 
immediately before the date of the enactment of this Act shall continue 
to apply, in the case of any person who is then a representative payee 
under such section with respect to benefits for which certification of 
payment to such person under such section is then in effect, until such 
certification ceases to be effective under such section as then in 
effect.

SOLUTION: Disability Insurance Reform Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits based on disability to any individual who is a drug addict or alcoholic until such individual:  (1) undergoes appropriate substance abuse treatment at an approved facility; (2) has complied with the terms of such treatment; and (3) either recovers or makes progress towards recovery, with benefits terminated if the individual fails to continue treatment. 
Requires lump sum disability payments to be made only through a qualified governmental or nonprofit care facility or community-based social service agency representative payees.  Makes other changes with regard to representative payees, including allowing them to collect monthly fees for expenses in providing service. 
Requires the Secretary of Health and Human Services to provide for a monitoring and testing program to ensure individual compliance with treatment requirements.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Lending Education And 
Reform Act'' and the ``C.L.E.A.R. Act''.

SEC. 2. PROTECTIONS FOR CONSUMERS.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by inserting after section 129A the following 
new section:
``Sec. 129B Protections for consumers
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Affiliate.--The term `affiliate' has the same meaning 
        as in section 129(k).
            ``(2) Electronic signature.--The term `electronic 
        signature' means a signatures in digital or other electronic 
        form that meets the validity requirements of the Electronic 
        Signatures in Global and National Commerce Act.
            ``(3)  Extended payment plan.--The term `extended payment 
        plan' means an amendment to the payday loan that is signed in 
        person or electronically by both the consumer and the creditor 
        reflecting an agreement that the consumer pay the outstanding 
        balance on a payday loan in 4 equal payments, where the period 
        between each payment may not be less than the duration of the 
        original payday loan.
            ``(4) Home state.--
                    ``(A) In general.--The term `home State' means, 
                with respect to any creditor or any affiliate of a 
                creditor, the State in which the primary home office of 
                the creditor or any affiliate of the creditor is 
                located.
                    ``(B) Home office.--The term `home office' means 
                the office that houses a majority of the applicable 
                party's day-to-day management and administrative 
                support functions.
            ``(5) Interest and fees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `interest and fees' includes 
                any charge payable directly or indirectly by the 
                consumer and imposed directly or indirectly by the 
                creditor as an incident to or a condition of the 
                extension of credit.
                    ``(B) Charges not included.--The term `interest and 
                fees' does not include--
                            ``(i) any charge for a default, 
                        delinquency, or similar occurrence; or
                            ``(ii) any charge imposed when, if for any 
                        reason, funds are not made available to pay an 
                        item or authorization delivered to the creditor 
                        in the manner described in subparagraph (A) or 
                        (B) of paragraph (1) to the extent that--
                                    ``(I) the charge does not exceed 
                                the greater of $25 or the amount 
                                charged to the creditor by the 
                                creditor's financial institution; and
                                    ``(II) the charge is only imposed 
                                once per each item or authorization 
                                regardless of whether the item or 
                                authorization is presented for payment 
                                more than once.
            ``(6) Loan store.--The term `loan store' means each 
        location operated by a creditor at which applications for 
        payday loans are received or the proceeds of payday loans are 
        disbursed.
            ``(7) Payday loan; loan.--The terms `payday loan' and 
        `loan' mean a closed-end credit transaction, evidenced by a 
        loan agreement signed by the creditor and the consumer, in 
        person or electronically, unsecured by any interest in the 
        consumer's tangible personal property with a term of at least 7 
        and not more than 90 days in which the amount financed does not 
        exceed $2,000 with a finance charge exceeding an annual 
        percentage rate of 36 percent, and the consumer--
                    ``(A) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, provides a check or other payment 
                instrument to the creditor who agrees with the consumer 
                not to deposit or present the check or payment 
                instrument for more than 1 day; or
                    ``(B) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, authorized the creditor to 
                initiate a debt or debits to the consumer's deposit 
                account (by electronic fund transfer or remotely 
                created check) after 1 or more days.
            ``(8) Payday lender.--The term `payday lender' means any 
        creditor with respect to a payday loan.
            ``(9) Refinancing.--The term `refinancing' means the use of 
        the proceeds of 1 payday loan obtained from a creditor to pay 
        off any amount due to that creditor.
    ``(b) Protections for Consumers.--
            ``(1) Interest and fee cap.--A payday lender may not--
                    ``(A) require a consumer to pay--
                            ``(i) in the case of any original payday 
                        loan, interest and other fees and charges that 
                        total more than 15 cents for every dollar 
                        loaned; and
                            ``(ii) in the case of an original payday 
                        loan originated over the Internet, an 
                        additional origination fee in excess of 5 
                        percent of the original principal loan amount;
                    ``(B) require a consumer to pay interest and fees 
                that, combined, total more than--
                            ``(i) in the case of the 1st refinancing of 
                        an outstanding payday loan, 15 cents for every 
                        dollar of the outstanding original principal 
                        loan amount; and
                            ``(ii) in the case of the 2nd refinancing 
                        of an outstanding payday loan, 10 cents for 
                        every dollar of the outstanding original 
                        principal loan amount; or
                    ``(C) require a consumer to pay an origination fee 
                for a payday loan that is refinanced.
            ``(2) Mandatory disclosures.--A payday lender may not make 
        or refinance a payday loan unless the creditor has first 
        provided the consumer with a copy of a written loan agreement, 
        which shall be signed by the creditor and by the consumer and 
        shall include the following information in English and in the 
        language in which the loan was negotiated:
                    ``(A) A clear and conspicuous description of the 
                terms of the loan, including the total cost of all fees 
                and other charges in connection with the loan stated as 
                a dollar amount, and the consumer's payment obligations 
                under the loan.
                    ``(B) The name, address and telephone number of the 
                creditor making the loan, and the name of title of the 
                individual employee of the creditor who signs the loan 
                agreement on behalf of the creditor.
                    ``(C) The following statements, in at least 14-
                point bold face type:
                            ``(i) Warning.--This loan is not intended 
                        to meet long-term financial needs. This loan 
                        should be used only to meet short-term cash 
                        needs.
                            ``(ii) Credit counseling availability.--You 
                        should consider contacting an independent, 
                        nonprofit credit counseling agency approved by 
                        the National Foundation for Credit Counseling 
                        (NFCC) or by a State or Federal Government 
                        agency. You may obtain information on how to 
                        contact an approved counselor near you by 
                        calling the National Foundation for Credit 
                        Counseling at 1-800-388-2227.
                            ``(iii) No criminal prosecution or security 
                        interest.--You cannot be prosecuted in criminal 
                        court to collect this loan, and the creditor 
                        may not take or attempt to take an interest in 
                        any of your personal property to secure his 
                        loan.
            ``(3) Additional public disclosures.--A payday lender may 
        not make or refinance a payday loan to any consumer unless the 
        following notices are posted conspicuously in English and 
        Spanish and in not less than 1-inch bold print in the 
        creditor's public lending area in each loan store, or, if the 
        loan is made using the Internet, fax or other means, are posted 
        conspicuously on the creditor's public internet site relating 
        to any such payday loan:
                    ``(A) Warning.--This loan is not intended to meet 
                long-term financial needs. This loan should be used 
                only to meet short-term cash needs.
                    ``(B) Credit counseling availability.--You should 
                consider contacting an independent, nonprofit credit 
                counseling agency approved by the National Foundation 
                for Credit Counseling (NFCC) or by a State or Federal 
                Government agency. You may obtain information on how to 
                contact an approved counselor near you by calling the 
                National Foundation for Credit Counseling at 1-800-388-
                2227.
                    ``(C) No criminal prosecution or security 
                interest.--You cannot be prosecuted in criminal court 
                to collect this loan, and the creditor may not take or 
                attempt to take an interest in any of your personal 
                property to secure his loan.
            ``(4) Creditor surety bond requirements.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the creditor has 
                obtained and filed, in accordance with subparagraph 
                (B), a surety bond in the following amount:
                            ``(i) A surety bond in the amount of 
                        $100,000 for each loan store operated by the 
                        creditor, if the creditor operates fewer than 
                        10 loan stores and does not offer any payday 
                        loans over the Internet.
                            ``(ii) A surety bond in the amount of 
                        $1,000,000, if the creditor operates 10 or more 
                        loan stores or offers loans over the Internet.
                            ``(iii) Such greater amount as may be 
                        required by applicable State law.
                    ``(B) Bond requirements.--The surety bond obtained 
                by a payday lender to meet the requirements of 
                subparagraph (A) shall be filed with, and for the 
                benefit of, the State attorney general in the 
                creditor's home state.
                    ``(C) Aggregation of lender and affiliate under 
                certain circumstances.--For purposes of this paragraph, 
                a creditor and each affiliate of a creditor which has 
                the same home State as the creditor may aggregate the 
                loan stores operated by such creditor and any such 
                affiliate for purposes of determining the amount of the 
                surety bond required to be filed under subparagraph 
                (A).
            ``(5) Extended payment plan.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the terms of the loan 
                require the creditor, upon receiving notice from the 
                consumer of an inability to repay prior to close of 
                business on the last business day before the original 
                due date of the loan, provides the consumer with notice 
                of and the right to opt into an extended payment plan, 
                without charge, 1 time in any 12 month period.
                    ``(B) Limitation during extended payment plan.--A 
                creditor may not engage in any collection activity (or 
                procure the services of any other for such purpose) 
                during the term of any extended payment plan.
            ``(6) Refinancing.--A payday lender may not--
                    ``(A) refinance a payday loan for less than 7 days;
                    ``(B) refinance a payday loan more than 2 
                consecutive times; refinance a payday loan without 
                terminating the previous agreement and entering into a 
                new agreement that the creditor and consumer each sign 
                in person or with an electronic signature; or
                    ``(C) require a consumer to pay interest and fees 
                in connection with a refinancing that, combined, total 
                more than the amount permitted under paragraph 
                (1)(B).''.
    (b) Technical and Conforming Amendments.--
            (1) Disclosures.--Section 128(a)(4) of the Truth in Lending 
        Act (U.S.C. 1638(a)(4)) is amended--
                    (A) by striking ``or'' after ``does not exceed 
                $5,'' and
                    (B) by inserting ``, or if the loan is subject to 
                section 129B''.
            (2) Effect on other laws.--Section 111 of the Truth in 
        Lending Act (U.S.C. 1610) is amended--
                    (A) in subsection (b), by inserting ``subsection 
                (f) of this section and'' after ``Except as provided 
                in''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Payday Loans.--
            ``(1) In general.--The following provisions of the law of 
        any State shall not apply to any payday loan, or any 
        refinancing of a payday loan, that is subject to section 129B:
                    ``(A) Any provision requiring minimum loan terms.
                    ``(B) Any provision prohibiting, defining or 
                limiting any refinancing.
                    ``(C) Any provision prohibiting or limiting the use 
                of a check or debit authorization to originate a payday 
                loan.
                    ``(D) Any provision prohibiting or mandating 
                extended payment plans.
                    ``(E) Any provision limiting the rate or amount of 
                interest and fees or default, delinquency or not 
                sufficient fund fees or other charges which may be 
                taken, received or reserved by creditors for payday 
                loans or any refinancing of a payday loan.
            ``(2) Enforcement.--Notwithstanding paragraph (1), any 
        State may employ or establish State laws for the purpose of 
        enforcing the requirements of section 129B.''.
    (c) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 129 the following new items:

``129A. Fiduciary duty of servicers of pooled residential mortgages.
``129B. Protections for consumers.''.

SOLUTION: Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan.

Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated.

Requires a payday lender to file a surety bond.

Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period.

Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan.

PROBLEM: SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL 
              FOREST, COLORADO.

    (a) Boundary Adjustment.--The boundaries of Roosevelt National 
Forest, Colorado, are hereby modified to exclude from the national 
forest a parcel of real property consisting of approximately 7 acres 
within the Crystal Lakes Subdivision as depicted on the map entitled 
``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008.
    (b) Conveyance of Land Removed From National Forest.--The Secretary 
of Agriculture shall use the authority provided by Public Law 97-465 
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey 
all right, title, and interest of the United States in and to the real 
property excluded from the boundaries of Roosevelt National Forest 
under subsection (a) to the landowners whose real property adjoins the 
excluded land and who, as of the date of the enactment of this Act, 
occupy the excluded land.
    (c) Consideration.--The conveyances required by subsection (b) 
shall be made without consideration.
    (d) Description of Real Property.--The exact acreage and legal 
description of the land excluded from the boundaries of Roosevelt 
National Forest under subsection (a) and conveyed under subsection (b) 
shall be determined by a survey satisfactory to the Secretary.

SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.

    (a) In General.--The Secretary of Commerce may sell or exchange to 
the City of Norfolk, Virginia, in accordance with chapter 13 of title 
40, United States Code, real property under the administrative 
jurisdiction of the National Oceanic and Atmospheric Administration (in 
this section referred to as ``NOAA''), including land and improvements 
thereon, located at 538 Front Street, Norfolk, Virginia, consisting of 
approximately 3.78 acres, if the Secretary--
            (1) determines that the conveyance is in the best interests 
        of NOAA and the Federal Government; and
            (2) has provided prior notification to the Committee on 
        Natural Resources and the Committee on Appropriations of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation and the Committee on Appropriations 
        of the Senate.
    (b) Consideration.--
            (1) In general.--For any conveyance under this section the 
        Secretary shall require the City of Norfolk to provide 
        consideration to the United States that is not less than the 
        fair market value of the property conveyed by the United 
        States.
            (2) Form.--Consideration under this subsection may include 
        any combination of--
                    (A) cash or cash equivalents;
                    (B) other property (either real or personal); and
                    (C) consideration in-kind, including--
                            (i) provision of space, goods, or services 
                        of benefit to NOAA including construction, 
                        repair, remodeling, or other physical 
                        improvements of NOAA property;
                            (ii) maintenance of NOAA property;
                            (iii) provision of office, storage, or 
                        other useable space; or
                            (iv) relocation services associated with 
                        conveyance of property under this section.
            (3) Determination of fair market value.--The Secretary 
        shall determine fair market value for purposes of paragraph (1) 
        based upon a highest- and best-use appraisal of the property 
        conveyed under subsection (a) conducted in conformance with the 
        Uniform Appraisal Standards for Professional Appraisal 
        Practice.
    (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) 
by the United States as proceeds of any conveyance under this section 
shall be available to the Secretary, subject to appropriation, for--
            (1) activities related to the operations of, or capital 
        improvements, to NOAA property; or
            (2) relocation and other costs associated with the sale or 
        exchange.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
of property by the United States under subsection (a) as the Secretary 
considers appropriate to protect the interest of the United States, 
including the recoupment of any profit the City of Norfolk may realize 
within three years after the date of conveyance to the City due to 
resale of the property
    (e) Termination.--The authority granted to the Secretary under 
subsections (a) and (b) shall terminate at the end of the 24-month 
period beginning on the date of enactment of this Act if no contract 
for sale or exchange under subsection (a) has been entered into by the 
City of Norfolk and the United States.

            Passed the House of Representatives September 22, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

SOLUTION:
Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008.

Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land.

Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees.

Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange.