10 CFR - Energy
605.18 National Security.
Activities under ER's Financial Assistance Program shall
not involve classified information (i.e., Restricted Data, formerly Restricted Data,
National Security Information). However, if in the opinion of the recipient or DOE such
involvement becomes expected prior to the closeout of the award, the recipient or DOE
shall notify the other in writing immediately. If the recipient believes any information
developed or acquired may be classifiable, the recipient shall not provide the
potentially classifiable information to anyone, including the DOE officials with whom the
recipient normally communicates, except the Director of Classification, and shall protect
such information as if it were classified until notified by DOE that a determination has
been made that it does not require such handling. Correspondence which includes the
specific information in question shall be sent by registered mail to U.S. Department of
Energy, Attn: Director of Classification, DP-32, Washington, D.C. 20585. If the
information is determined to be classified, the recipient may wish to discontinue the
project in which case the recipient and DOE shall terminate the award by mutual
agreement. If the award is to be terminated, all material deemed by DOE to be
classified shall be forwarded to DOE, in a manner specified by DOE, for proper
disposition. If the recipient and DOE wish to continue the award, even though classified
information is involved, the recipient shall be required to obtain both personnel and
facility security clearances through the Office of Safeguards and Security for
Headquarters awards, or from the cognizant field office Division of Safeguards and
Security for awards obtained through DOE field organizations. Costs associated with
handling and protecting any such classified information shall be negotiated at the time
that the determination to proceed is made.