[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR605.18]

[Page 181-182]
 
                            TITLE 10--ENERGY
 
               CHAPTER II--DEPARTMENT OF ENERGY--CONTINUED
 
PART 605--THE OFFICE OF ENERGY RESEARCH FINANCIAL ASSISTANCE PROGRAM--Table of Contents
 
Sec. 605.18  National security.

    Activities under ER's Financial Assistance Program shall not involve 
classified information (i.e., Restricted

[[Page 182]]

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, DC 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.