23.  NATIONAL SECURITY: CLASSIFIABLE RESULTS ORIGINATING UNDER AN AWARD.

a.    The awardee will not be granted access to classified information.  In addition, DOE does not expect that this research will generate information that would require classification.  Under certain circumstances, however, a classification review of information originated under the award may be required.

b.  Executive Order 12958 (60 Fed. Reg. 19,825 (1995)) states that basic scientific research information not clearly related to the national security may not be classified. Nevertheless, some information concerning (among other things) scientific, technological, or economic matters relating to national security or cryptology may require classification.  If an awardee originates information during the course of this award that it believes requires classification under this Executive Order, the awardee must promptly:  

(1)  Notify the Contracting Officer and the DOE Project Officer;

(2)  Submit the information by registered mail directly to the Director, Office of Classification and Information Control, Document Reviews      Division; S0-10.23 / Germantown Building; U.S. Department of Energy; 1000 Independence Ave., SW Washington, DC 20585-1290, for classification review.

3)  Restrict access to the information to the maximum extent possible until the awardee is informed that the information is not classified, but no longer than thirty (30) days after receipt by the Director, Office of Nuclear and National Security Information.

c.  If the awardee originates information concerning the production or utilization of special nuclear material (i.e., plutonium, uranium enriched in the isotope 233 or 235, and any other material so determined under section 151 of the Atomic Energy Act) or atomic energy, the awardee must:

(1)  Notify the Contracting Officer and the DOE Project Officer.

(2)  Submit the information by registered mail directly to the Director, Office of Classification and Information Control, Document Reviews Division; S0-10.23 / Germantown Building; U.S. Department of Energy; 1000 Independence Ave., SW; Washington, DC 20585-1290 for classification review within 180 days of the date the awardee first discovers or first has reason to believe that the information is useful in such production or utilization.

(3)  Restrict access to the information to the maximum extent possible until the awardee is informed that the information is not classified, but no longer than 90 days after receipt by the Director, Office of Nuclear and National Security Information.

d.  If DOE determines any of the information requires classification, the awardee agrees that the Government may terminate the award by mutual agreement in accordance with 10 CFR 600.25(d).  If the award is terminated, all material deemed to be classified must be forwarded to the DOE, in a manner specified by DOE.

e.   If DOE does not respond within the specified time periods, the awardee is under no further obligation to restrict access to the information.

23.   PUBLIC ACCESS TO INFORMATION.

a.  The Freedom of Information Act, as amended, and the DOE implementing regulations (10 CFR 1004), require DOE to release certain documents and records regarding grants to any person who provides a written request.  The intended use of the information will not be a criterion for release.  These requirements apply to information held by DOE and do not require grantees, their subgrantees, or their contractors to permit public access to their records.

b.  Records maintained by DOE with respect to grants are subject to the provisions of the Privacy Act and the DOE implementing regulations (10 CFR 1008) if those records constitute a “system of records” as defined in the Act and the regulations.  Generally, records maintained by grantees, their subgrantees, or their contractors are not subject to these requirements.