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70. Will comply with the requirements of the Uniting and Strengthening America by Providing <br />Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT <br />Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal <br />penalties for possession of any biological agent, toxin, or delivery system of a type or in a <br />quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or <br />other peaceful purpose. The act also establishes restrictions on access to specified <br />materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or <br />receive any biological agent or toxin that is listed as a select agent. <br />71. Understands that failure to comply with any of the above assurances may result in <br />suspension, termination, or reduction of grant funds. <br />a. Applicability. Unless you are exempt as provided in paragraph d. of this award <br />term, you must report each action that obligates $25,000 or more in Federal funds <br />that does not include Recovery funds (as defined in section 1512(a)(2) of the <br />American Recovery and Reinvestment Act of 2009, <br />b. Where and when to report: you must report on each obligating action described in <br />the following paragraphs to Cal OES. For subaward information, report no later <br />than the end of the month following the month in which the obligation was made. <br />(For example, if the obligation was made on November 7, 2011, the obligation <br />must be reported by no later than December 31, 2011.) <br />e. What to report: You must report the information about each obligating action that <br />the submission instructions posted in Information Bulletin 350, to Cal OES. To <br />determine if the public has access to the compensation information, see the U.S. <br />Security and Exchange Commission total compensation filings at <br />http: / /www.see.gov /answers /execomp.htm. Subgrantees must report subrecipient <br />executive total compensation to Cal OES by the end of the month following the <br />month during which you make the subaward. Exemptions include: If, in the <br />previous tax year, you had gross income, from all sources, under $300,000, you are <br />exempt from the requirements to report on subawards, and the total compensation <br />of the five most highly compensated executives of any subrecipient. <br />d. Reporting Total Compensation of Recipient Executives: You must report total <br />compensation for each of your five most highly compensated executives for the <br />preceding completed fiscal year, if <br />i. the total Federal funding authorized to date under this award is $25,000 or <br />more; <br />ii. in the preceding fiscal year, you received 80 percent or more of your annual <br />gross revenues from federal procurement contracts (and subcontracts) and <br />federal financial assistance subject to the Transparency Act, as defined at 2 <br />CFR 170.320 (and subawards); and $25,000,000 or more in annual gross <br />revenues from federal procurement contracts (and subcontracts) and federal <br />financial assistance subject to the Transparency Act, as defined at 2 CFR <br />170.320 (and subawards); and <br />iii. The public does not have access to information about the compensation of the <br />executives through periodic reports filed under section 13(a) or 15(d) of the <br />Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 <br />of the Internal Revenue Code of 1986. (To determine if the public has access to <br />the compensation information, see the U.S. Security and Exchange <br />Commission total compensation filings at <br />http://www.see.gov/ailswers/execomp.htm.) <br />iv. Subrecipient Executives. Unless you are exempt as provided above, for each <br />first -tier subrecipient under this award, you shall report the names and total <br />compensation of each of the subrecipient's five most highly compensated <br />executives for the subrecipient's preceding completed fiscal year, if in the <br />subrecipient's preceding fiscal year, the subrecipient received 80 percent or <br />13UASII 12613 40 <br />