113 STAT. 936 PUBLIC LAW 106-65—OCT. 5, 1999 (B) That the foreign visitors program at that facihty compHes with Presidential Decision Directives and similar requirements relating to the safeguarding and security of sensitive information and fulfills any counterintelligence requirements arising under such Directives or requirements. (C) That the foreign visitors program at that facility includes adequate protections against the inadvertent release of Restricted Data, information important to the national security of the United States, and any other sensitive information the disclosure of which might harm the interests of the United States. (D) That the foreign visitors program at that facility does not pose an undue risk to the national security interests of the United States. (c) WAIVER OF MORATORIUM. — (1) The Secretary of Energy may waive the prohibition in subsection (b) on a case-by-case basis with respect to any specific individual or any specific delegation of individuals whose admission to a national laboratory is determined by the Secretary to be in the interest of the national security of the United States. (2) Not later than the seventh day of the month following a month in which a waiver is made, the Secretary shall submit a report in writing providing notice of each waiver made in that month to the following: (A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. (B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Each such report shall be in classified form and shall contain the identity of each individual or delegation for whom such a waiver was made and, with respect to each such individual or delegation, the following information: (A) A detailed justification for the waiver. (B) For each individual with respect to whom a background review was conducted, whether the background review determined that negative information exists with respect to that individual. (C) The Secretary's certification that the admission of that individual or delegation to a national laboratory is in the interest of the national security of the United States. (4) The authority of the Secretary under paragraph (1) may be delegated only to the Director of Counterintelligence of the Department of Energy. (d) EXCEPTION TO MORATORIUM FOR CERTAIN INDIVIDUALS.— The moratorium under subsection (b) shall not apply to any person who— (1) is, on the date of the enactment of this Act, an employee or assignee of the Department of Energy, or of a contractor of the Department; and (2) has undergone a background review in accordance with subsection (a). (e) EXCEPTION TO MORATORIUM FOR CERTAIN PROGRAMS.— The moratorium under subsection (b) shall not apply— (1) to activities relating to cooperative threat reduction with states of the former Soviet Union; or
�
