Page:United States Statutes at Large Volume 111 Part 2.djvu/966

 Ill STAT. 2046 PUBLIC LAW 105-85—NOV. 18, 1997 millions theoretical operations per second (MTOPS). The report shall include a description of the following with respect to each such sale: (1) The anticipated end-use of the computer sold. (2) The software included with the computer. (3) Any arrangement under the terms of the sale regarding— (A) upgrading the computer; (B) servicing the computer; or (C) furnishing spare parts for the computer. (b) COVERED COUNTRIES.—For purposes of this section, the countries designated as Tier III countries are the countries listed as "computer tier 3" eligible countries in part 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 (or any successor list). (c) QUARTERLY SUBMISSION OF REPORTS.— The Secretary of Energy shall require that reports under subsection (a) be submitted quarterly. (d) ANNUAL REPORT.— The Secretary of Energy shall submit to Congress an annual report containing all information received under subsection (a) during the preceding year. The first annual report shall be submitted not later than July 1, 1998. 42 USC 7274g. SEC. 3158. TRANSFERS OF REAL PROPERTY AT CERTAIN DEPARTMENT OF ENERGY FACILITIES. (a) TRANSFER REGULATIONS.— (1) The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property. (2) The Secretary of Energy may not transfer real property under the regulations prescribed under paragraph (1) until— (A) the Secretary submits a notification of the proposed transfer to the congressional defense committees; and (B) a period of 30 days has elapsed following the date on which the notification is submitted. (b) INDEMNIFICATION. — (1) Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary of Energy may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided. (2) Paragraph (1) applies to the following persons and entities: (A) Any State that acquires ownership or control of real property of a defense nuclear facility. (B) Any political subdivision of a State that acquires such ownership or control. (C) Any other person or entity that acquires such ownership or control.

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