Pub. L. 104-201, div. A, tit. VIII, subtit. B, sec. 828
FOREIGN ENVIRONMENTAL TECHNOLOGY.
SEC. 828. FOREIGN ENVIRONMENTAL TECHNOLOGY. Subsection (b) of section 2536 of title 10, United States Code, is amended to read as follows: 110 STAT. 2612 “(b) Waiver Authority.— (1) The Secretary concerned may waive the application of subsection (a) to a contract award if— “(A) the Secretary concerned determines that the waiver is essential to the national security interests of the United States; or “(B) in the case of a contract awarded for environmental restoration, remediation, or waste management at a Department of Defense or Department of Energy facility— “(i) the Secretary concerned determines that the waiver will advance the environmental restoration, remediation, or waste management objectives of the department concerned and will not harm the national security interests of the United States; and “(ii) the entity to which the contract is awarded is controlled by a foreign government with which the Secretary concerned is authorized to exchange Restricted Data under section 144 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2164(c)). “(2) The Secretary concerned shall notify Congress of any decision to grant a waiver under paragraph (1)(B) with respect to a contract. The contract may be awarded only after the end of the 45-day period beginning on the date the notification is received by the committees.”.