|
and that the proposed action includes all practicable measures to minimize harm to wetlands that may result
<br />from such use. In making this finding, the head of the agency may take into account economic,
<br />environmental, and other pertinent factors. The public disclosure requirement described above also pertains
<br />to early public review of any plans or proposals for new construction in wetlands. This is codified at 44
<br />CFR Part 9.
<br />69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate
<br />Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends I8 U.S.C. §§
<br />175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin,
<br />or delivery system of a type or in a quantity that is not reasonablyjustifred by a prophylactic, protective,
<br />bona fide research, or other peaceful purpose. The act also establishes restrictions ou access to specified
<br />materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any
<br />biological agent or toxin that is listed as a select agent.
<br />70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to
<br />Cal OES.
<br />a• Applicability, Unless you are exempt as provided in paragraph d. of this award term, you must report
<br />each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as
<br />defined in section 1512(x)(2) of the American Recovery and Reinvestment Act of 2009,
<br />b. Where and when to report: you must report on each obligating action described in the following
<br />paragraphs to Cal DES. For subaward information, report no later than the end of the month
<br />o
<br />following the month in which the obligation was made. (For example, if the obligation was made on
<br />November 7, 2013, the obligation must be reported by no later than December 31, 2011)
<br />c. What to report: You must report the information about each obligating action that the submission
<br />Instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to
<br />the compensation information, see the U.S. Security and Exchange Commission total compensation
<br />filings at 11ttp: / /www sec coy /answers /eeeoonta� Ittm. Subgramees must report subrecipient executive
<br />total compensation to Cal UES by the end of the month following the month during which you make
<br />the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all
<br />sources, under $300,000, you are exempt from the requirements to report on subawards, and the total
<br />compensation of the five most highly compensated executives of any subrecipient.
<br />d. Reporting Total Compensation of Reoipient Executives: You must report total compensation for each
<br />of your five most highly compensated executives for the preceding completed fiscal year, if
<br />I. the total Federal funding authorized to date under this award is $25,000 or more;
<br />ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
<br />from Federal procurement contracts (and subcontracts) and Federal financial assistance
<br />subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and
<br />$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
<br />subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
<br />2 CFR § 170.320 (and subawards); and
<br />ill. The public does not have access to information about the compensation of the executives
<br />through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act
<br />of 1934 (15 U,S,C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986.
<br />(To determine if the public has access to the compensation information, see the U.S.
<br />Security and Exchange Commission total compensation filings at
<br />httu:/ /evww sec gov /answers /execomo htrn.)
<br />iv. Subrecipient Executives, Unless you are exempt as provided above, for each first -tier
<br />subrecipient under this award, you shall report the names and total compensation of each of
<br />the subrecipient's five most highly compensated executives for the subrecipient's preceding
<br />completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient
<br />received 80 percent or more of its annual gross revenues from Federal procurement
<br />contracts (and subcontracts) and Federal financial assistance subject to the Transparency
<br />Act, as defined it 2 CPR § f70.320 (and subawards); and $25,000,000 or more in annual
<br />gross revenues from Federal procureineut contracts (and subcontracts), and Federal
<br />Page
<br />
|