Pub. L. 101-511, tit. VIII, sec. 8133

Sec. 8133. (a) Section 12(b)(7) of the Act of January 2, 1976, as amended (Public Law No. 94–204), is further amended as follows: (1) in subsection (i)(a) by: (A) deleting the word “surplus” following the phrase “any other bidder for”, (B) inserting the phrase “as defined in subsection 12(b)(7)(vii),” following the word “property” the first time it appears in the subsection, (C) deleting the phrase “Federal Property and Administrative Services Act of 1949 (40 U.S.C. sec. 484), as amended.” and inserting in lieu thereof the phrase “applicable laws and regulations of the Federal agency or instrumentality offering such property for sale.”, and (D) deleting the phrase “for General Services Administration surplus property under this subparagraph and no additional advertising shall be required other than that prescribed in title 40, United States Code, section 484(C)(2) of the Federal Property and Administrative Services Act;” and inserting in lieu thereof the phrase “on property under this section 12(b)(7). There shall be no advertising other than that ordinarily required by such sale.”. (2) in subsection (iv) by: (A) deleting the phrase “Federal surplus property” and inserting in lieu thereof the phrase “property, as defined in subsection 12(b)(7)(vii),”, (B) inserting the phrase “12(b)(7)” immediately preceding the phrase “(i) or (ii)”, (C) inserting the phrase “12(b)” following the phrase “document referred to in this subsection”, and (D) inserting the phrase “or payments of forfeited deposits, penalties, or other assessments imposed under a valid bid or sales contract on Cook Inlet Region, Incorporated” immediately preceding the period at the end of the subsection. (3) in subsection (v), by deleting the phrase “subsection (iv)” and inserting in lieu thereof the phrase “subsection 12(b)(7)9iv) for sales or transfers of property made pursuant to the Federal Property and Administrative Services Act of 1949, 40 U.S.C. sec. 471 et seq., or any legislative or executive delegation under that Act,”. (4) adding at the end thereof the following new subsections: “(vii) Notwithstanding the definition of ‘property’ found in the Federal Property and Administrative Services Act of 1949, as amended, as used in this section 12(b)(7), ‘property’ means any property—real, personal, or mixed—owned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fiduciary relationship), and offered for sale by any agency or instrumentality of the United States, includ-104 STAT. 1910ing but not limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and Urban Development, the United States Courts and any Government corporation, agency or instrumentality subject to chapter 91 of title 31, United States Code; real property means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. “(viii) Any charge against the property account and any transfer of funds from the property account heretofore made for the purpose of consummating any prior sale or making a deposit or other payment to bind any contract of sale or paying any forfeiture of deposit, penalty or assessment is hereby authorized, ratified and affirmed.”. (b) Section 9102 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165, 103 Stat. 1151), is amended as follows: (1) in subsection (b)(1), by deleting the phrase “(b)(2)” and inserting in lieu thereof the phrase “(a)(2)”, (2) subsection (d) is amended to read as follows: “(d) Agency Defined.— In this section the term ‘agency’ includes— “(1) any instrumentality of the United States, or “(2) any element of an agency, or “(3) any wholly owned or mixed-owned United States Government corporation identified in chapter 91’ of title 31, United States Code.”. (3) by adding at the end thereof the following new subsections: “(e) Property Defined.— Notwithstanding the definition of ‘property’ found in the Federal Property and Administrative Services Act of 1949, as amended, in this section the term ‘property’ includes any property—real, personal, or mixed—owned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fiduciary relationship), and offered for sale by any agency or instrumentality of the United States, including but not limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and Urban Development, the United States Courts and any Government corporation, agency or instrumentality subject to chapter 91 of title 31, United States Code; real property as used in this section means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. “(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated.”.