2010/08/11 Council Agenda Packet

083109 3 confidential information,which the applicant does not want disclosed to the,public or used by the Government for any purpose other than the application. To protect such data,the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages----of this application have been submitted in confidence and contain trade secrets or proprietary information,and such data shall be used or disclosed only for evaluation purposes,provided that if this applicant receives an award as a result of or in connection with the submission of this application,DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source,including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov,maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5,United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include,but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,may not be discharged, demoted,or otherwise discriminated against as a reprisal for disclosing,including a disclosure made in the ordinary course of an employee's duties,to the Accountability and Transparency Board,an inspector general,the Comptroller General,a member of Congress,a State or Federal regulatory or law enforcement agency,a person with supervisory authority over the employee(or other person working for the employer who has the authority to investigate,discover or terminate misconduct,a court or grant jury,the head of a Federal agency,or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds;or • as violation of law,rule,or regulation related to an agency contract(including the competition for or negotiation of a contract)or grant,awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal,the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay,compensatory damages,employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses(including attorneys' fees and expert witnesses' fees)that were reasonably incurred by the employee for or in connection with,bringing the complaint regarding the reprisal,as determined by the head of a court of competent jurisdiction. Not Specified/Other 9 19