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Clay

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Posts posted by Clay

  1. Because @Andersonand I have discussed this in the chat, and he actually stated a firm prediction, I think it's only fair that I do so too. 

     

    Ossoff 50.5 Perdue 49.5

    Warnock 51.3 Loeffler 48.7

     

    These are kind of made up numbers, but I'm expecting it to be close, with a slight Dem edge, but somewhere within 2-3 points. I think Warnock runs a point or so ahead of Ossoff.

  2. Name: Hank Bauers

    Date of Birth: October 7th, 1965

    Place of Birth: Des Moines, Iowa

    Current Place of Residence: Des Moines, Iowa

    Political Party: Democratic

    State and Seat: Running for Senate in Iowa

     

    Avatar

    image.jpeg.3d162f81cfb99c041b14f5fdc0635b69.jpeg

     

    Family History:

    Parents: Forrest and Nancy

    Wife: Angela

    Children: Hank Jr., Jessica

    Educational History: 

    Iowa State, B.A in Agricultural Business

    Occupational History:

    Farmer, 1983-Present

    State Senator, Iowa 16th Senate District, 1996-Present

     

    Family and farming are the two pillars of Hank Bauers' life. Growing up with 5 brothers on a family farm outside Des Moines, Hank grew up working the farm each morning with his family, even going to get a degree in Agricultural Business to help expand the family's operations. When his family fell on hard times, while struggling to keep up with the mortgage on their farm, he did what any normal family man would do. He tried to change the laws to help families like his succeed. As an important family in the community, the Bauers had the connections to help Hank reach the statehouse, which he did on his first try in 1996. It didn't hurt to have dozens of nephews, nieces, aunts, uncles and cousins showing up at parades and knocking on doors! After 18 years in the Senate, and having passed many laws to help family farmers, Hank is now considered a run for the United States Senate. Time will tell how that will go for him. 

     

     

    • Like 1
  3. 3 minutes ago, Clay said:

     

    @JacksonClay: If only this is what the bill actually did. This bill just says you don't have to disclose your race, but that doesn't mean a racist gun shop owner still won't find a way to discriminate against people, and pretending otherwise is just silliness. 

     

    @JacksonClay: If the GOP wants to work with a Democrat on racial equity in gun sales, they'll find a willing partner in me. But let's be honest about what the bill they're presenting does, and not overstate it's impact. 

  4. 6 minutes ago, Macmillan said:

     

    Indeed it is @SenCordell however we are not voting to allow racist gun shop owners to racially profile their customers and deny service on the grounds of race, the Democrats are.

     

    @JacksonClay: If only this is what the bill actually did. This bill just says you don't have to disclose your race, but that doesn't mean a racist gun shop owner still won't find a way to discriminate against people, and pretending otherwise is just silliness. 

  5. It's Time to Decriminalize Marijuana

    America is changing, and our drug laws need to change with it.

     

    WASHINGTON DC -- Have you tried marijuana? If you're over the 18, studies show that it's a 50/50 chance that you have. Millions of Americans, 10% in fact, use    marijuana regularly. So why is it still illegal?

     

    The answer to that question is up for debate, but I believe that it is a combination of lack of government interest in promoting what has been seen as a dangerous drug, and public opinion being shaped by misleading claims about marijuana being a gateway drug, or having severe health effects. Even when studies have shown that many of these claims are false, they still manage to linger in the public debate, and prevent progress on this issue. 

     

    There have been many victims of the misperceptions that have guided drug policy in this country, but the most important are the hundreds of thousands of people, primarily young black men, who have been put in prison for possessing this drug. We, as a nation, owe them an apology, for the failure to change our marijuana laws sooner, and for the injustices inherent in our system that have lead to their imprisonment. 

     

    A good place to start our apology would be expunging the records of those who were arrested for marijuana possession. But more importantly, we need to make sure that no one is ever arrested for the possession of marijuana, which is why I have introduced the Marijuana Justice Act, which would decriminalize possession of marijuana, move it off of the list of controlled substances, and invest in communities that have been hardest hit by the asymmetrical prosecution of the War on Drugs. 

     

    More than half of the country supports this, even in red states like my home state of Indiana, and that support is only growing over time. Young people are the biggest users of marijuana, and if we want to avoid another generation of them being incarcerated for something that shouldn't rightfully be a crime, we need to act now. We're all aware, parents especially, that children are going to get their hands on marijuana if they want to, which is why it is in our country's best interests to protect them from themselves, and the criminal prosecution the law as it currently reads says they should face. 

     

    This is also an opportunity to put us on the path to full legalization, which could be a boon to state budgets that have been drowning in red-ink after the last recession. Marijuana can be regulated and taxed like alcohol, and that money can be funneled straight into schools, or roads, or other things that have not gotten the necessary investments over the last half-decade. Instead of letting long-ago corrected misconceptions guide our drug policy, we can finally let the feelings of the American people lead us. We can listen when more than 50% of American voters say they want to legalize marijuana, and we can appease those who say legalization is going too far by starting with simple decriminalization. 

     

    I'm going to be fighting for this issue in the current congressional session, and I'm hopeful that we will see movement on it. If you support decriminalization, I urge you to get in contact with your representatives and make sure they know how you feel. There is a bipartisan coalition out there in support of this issue, but if we want to turn public opinion into public policy, it will take action from citizens all across this country. This is the right thing to do, so let's get it done. 

  6. Press Release from the Office of Senator Jackson Clay

    (Washington)- Senator Clay today introduced the Marijuana Justice Act of 2014, a bill that would decriminalize marijuana by removing it from the list of schedule one drugs, protect states that choose to decriminalize or legalize marijuana, and begin the process of restorative justice, redressing the wrongs of the War on Drugs. Senator Clay has long been an advocate for medical marijuana, having seen the wonders it does for many disabled veterans, children with chronic diseases, and those adults who suffer from anxiety, but today's bill is a new step towards the path of full legalization. When asked by reporters whether he supported full legalization, Senator Clay responded: "The people of Indiana do. I think they see that too many people have been put in jail for using a drug that is legal in some parts of this country, but more importantly, I think most parents understand that their children are likely to come in contact with marijuana at some point, and if their child is going to partake, they'd prefer it to be a safer, regulated product than whatever can be found on a street corner."

     

    Under the Controlled Substances Act, research on marijuana's effectiveness as a cure to many physical ailments has been limited because of it's schedule one designation. That designation puts it on par with LSD and heroin, and is actually more stringently regulated than cocaine or methamphetamine, both of which are schedule two drugs. The Senator is proud to put his Hoosier common sense to work in this case, because no reasonable person can argue that marijuana is more dangerous than cocaine. It's also important to recognize the damage done by the War on Drugs, and this bill starts to invest in the communities who have been negatively effected by overzealous drug prosecution, while also expunging criminal records for marijuana possession, and incentivizing states to reconsider their laws on the books. This legislation can make a real difference for millions of Americans, and the Senator hopes to make a big push for it this session.  

  7. Mr. President,

     

    I apologize, my staff must have submitted a draft version of the bill. The language is intended to be slightly different, but heavily inspired by the original proposal, which would explain the snafu. I have submitted a corrected bill, and ask the gentleman from Alaska to, for formality's sake, once again accept the amendment as friendly. 

     

    I yield.

    (((find and replace is not your friend)))

     

  8. @JacksonClay: It's time to decriminalize marijuana, and start to right the wrongs of the War on Drugs. My bill, the Marijuana Justice Act, is a great starting point, and I am hopeful that we will see some movement on this issue (1/2)

     

    Indiana supports marijuana legalization, and while the Congress may not yet, I will keep fighting for what Hoosiers want in the Senate (2/2)

  9. To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.


    IN THE SENATE OF THE UNITED STATES
     

    Mr. Clay(for himself, Mr. Booker, Mr. Wyden, Mr. Merkley, Ms. Warren, Ms. Harris, Mrs. Gillibrand, Mr. Sanders, and Mr. Bennet) introduces the following bill; 


    A BILL

    To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Marijuana Justice Act of 2014”.

    SEC. 2. DE-SCHEDULING MARIHUANA.

     

    (a) Marihuana Removed From Schedule Of Controlled Substances.—Subsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended—

    (1) by striking “marihuana”; and

    (2) by striking “tetrahydrocannabinols”.

    (b) Removal Of Prohibition On Import And Export.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—

    (1) in paragraph (1)—

    (A) in subparagraph (F), by inserting “or” after the semicolon;

    (B) by striking subparagraph (G); and

    (C) by redesignating subparagraph (H) as subparagraph (G);

    (2) in paragraph (2)—

    (A) in subparagraph (F), by inserting “or” after the semicolon;

    (B) by striking subparagraph (G); and

    (C) by redesignating subparagraph (H) as subparagraph (G);

    (3) in paragraph (3), by striking “paragraphs (1), (2), and (4)” and inserting “paragraphs (1) and (2)”;

    (4) by striking paragraph (4); and

    (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

    (c) Conforming Amendments To Controlled Substances Act.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—

    (1) in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;

    (2) in section 401(b) (21 U.S.C. 841(b))—

    (A) in paragraph (1)—

    (i) in subparagraph (A)—

    (I) in clause (vi), by inserting “or” after the semicolon;

    (II) by striking (vii); and

    (III) by redesignating clause (viii) as clause (vii);

    (ii) in subparagraph (B)—

    (I) by striking clause (vii); and

    (II) by redesignating clause (viii) as clause (vii);

    (iii) in subparagraph (C), in the first sentence, by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;

    (iv) by striking subparagraph (D);

    (v) by redesignating subparagraph (E) as subparagraph (D); and

    (vi) in subparagraph (D)(i), as so redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;

    (B) by striking paragraph (4); and

    (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;

    (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;

    (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;

    (5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;

    (6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;

    (7) in section 422(d) (21 U.S.C. 863(d))—

    (A) in the matter preceding paragraph (1), by striking “marijuana,”; and

    (B) in paragraph (5), by striking “, such as a marihuana cigarette,”; and

    (8) in section 516(d) (21 U.S.C. 886(d)), by striking “section 401(b)(6)” each place the term appears and inserting “section 401(b)(5)”.

    (d) Other Conforming Amendments.—

    (1) NATIONAL FOREST SYSTEM DRUG CONTROL ACT OF 1986.—The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—

    (A) in section 15002(a) (16 U.S.C. 559b(a)) by striking “marijuana and other”;

    (B) in section 15003(2) (16 U.S.C. 559c(2)) by striking “marijuana and other”; and

    (C) in section 15004(2) (16 U.S.C. 559d(2)) by striking “marijuana and other”.

    (2) INTERCEPTION OF COMMUNICATIONS.—Section 2516 of title 18, United States Code, is amended—

    (A) in subsection (1)(e), by striking “marihuana,”; and

    (B) in subsection (2) by striking “marihuana,”.

    SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS.

     

    (a) Definitions.—In this section—

    (1) the term “covered State” means a State that has not enacted a statute legalizing marijuana in the State;

    (2) the term “disproportionate arrest rate” means—

    (A) the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or

    (B) the percentage of low-income individuals arrested for a marijuana offense in a State is higher than the percentage of the population of the State that are not low-income individuals, as determined by the most recent census data;

    (3) the term “disproportionate incarceration rate” means the percentage of minority individuals incarcerated for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data;

    (4) the term “low-income individual” means and individual whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) is equal to or below the maximum dollar amount for the 15 percent rate bracket applicable to the individual under section 1 of the Internal Revenue Code of 1986;

    (5) the term “marijuana” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802); and

    (6) the term “minority individual” means an individual who is a member of a racial or ethnic minority group.

    (b) Ineligibility For Certain Funds.—

    (1) IN GENERAL.—For any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State—

    (A) shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail; and

    (B) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

    (2) FUNDS FOR CERTAIN PROGRAMMING.—For purposes of paragraph (1)(A), Federal funds for the construction or staffing of a prison or jail shall not include Federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment.

    (3) REALLOCATION.—Any amounts not awarded to a covered State because of a determination under paragraph (1) shall be deposited in the Community Reinvestment Fund established under section 4.

    (c) Expungement Of Marijuana Offense Convictions.—Each Federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this Act.

    (d) Sentencing Review.—

    (1) IN GENERAL.—For any individual who was sentenced to a term of imprisonment for a Federal criminal offense involving marijuana before the date of enactment of this Act and is still serving such term of imprisonment, the court that imposed the sentence, shall, on motion of the individual, the Director of the Bureau of Prisons, the attorney for the Government, or the court, conduct a sentencing hearing.

    (2) POTENTIAL REDUCED RESENTENCING.—After a sentencing hearing under paragraph (1), a court may impose a sentence on the individual as if this Act, and the amendments made by this Act, were in effect at the time the offense was committed.

    (e) Right Of Action.—

    (1) IN GENERAL.—An individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a State may bring a civil action in an appropriate district court of the United States.

    (2) RELIEF.—In a civil action brought under this subsection in which the plaintiff prevails, the court shall—

    (A) grant all necessary equitable and legal relief, including declaratory relief; and

    (B) issue an order requiring the Attorney General, acting through the Director of the Bureau of Justice Assistance, to—

    (i) declare the State to be ineligible to receive any Federal funds for the construction or staffing of a prison or jail in accordance with subsection (b)(1)(A); and

    (ii) reduce grant funding of the State in accordance with subsection (b)(1)(B).

    SEC. 4. COMMUNITY REINVESTMENT FUND.

     

    (a) Establishment.—There is established in the Treasury of the United States a fund, to be known as the “Community Reinvestment Fund” (referred to in this section as the “Fund”).

    (b) Deposits.—The Fund shall consist of—

    (1) any amounts not awarded to a covered State because of a determination under section 3(b)(1); and

    (2) any amounts otherwise appropriated to the Fund.

    (c) Use Of Fund Amounts.—Amounts in the Fund shall be available to the Secretary of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs such as—

    (1) job training;

    (2) reentry services;

    (3) expenses related to the expungement of convictions;

    (4) public libraries;

    (5) community centers;

    (6) programs and opportunities dedicated to youth;

    (7) the special purpose fund discussed below; and

    (8) health education programs.

    (d) Availability Of Fund Amounts.—Amounts in the Fund shall be available without fiscal year limitation.

    (e) Authorization Of Appropriations.—There are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 2014 through 2044.

     

    Quote

    This bill decriminalizes marijuana.

    Specifically, it removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana.

    Additionally, the bill does the following:

    • reduces federal funds for a state that has not legalized marijuana and has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses,
    • directs federal courts to expunge convictions for marijuana use or possession, and
    • establishes a fund—the Community Reinvestment Fund—to support grants in communities most affected by the war on drugs.

     

  10. @JacksonClay: We're going to have to think outside the box to solve climate change. That's why I'm hopeful that the Senate will pass my amendment to the Clean Energy bill, and help this country start developing the technologies we're going to need to save our planet immediately. 

    • Like 1
  11. Mr. President, 

     

    I'd like to state that I support the goal of this bill. This is not the climate change moonshot that I may want, but these are all things that I believe can pass this Congress, and in these polarized times, and recognizing the impending crisis of climate change, I think it is urgent that we pass what we can to arrest the damage we're doing to our world. 

     

    In that spirit, I would like to offer an amendment, which I hope will be accepted as friendly, to help us develop the technology needed to combat climate change. We're all aware of what the DARPA program has done for the world. The Internet, GPS and many other inventions that we now take for granted were created by government because we understood that markets don't like to take risks. The beauty of government is that we don't need to profit, and can try to think outside the box to solve the challenges that face us. We need to do this in the energy sector, because much of the technology we will need to overcome the threat of climate change does not yet exist. I hope, that with the passage of this amendment, we can begin developing that technology. 

     

    Therefore, I'd like to offer my ARPA-E Act as amendment, and yield the floor

  12. (This is intended as an amendment, but I didn't want to clog up the Senate with all the language)

     

    (a) DEFINITONS.—In this section:

    (1) ARPA-E.—The term ”ARPA-E” means the Advanced Research Projects Agency—Energy established by subsection (b) of this section.

    (2) DIRECTOR.—The term “Director” means the Director of ARPA-E appointed under subsection (d) of this section.

    (3) FUND.—The term “Fund” means the Energy Transformation Acceleration Fund established under subsection (o)(1) of this section.

    (b) ESTABLISHMENT.—There is established the Advanced Research Projects Agency—Energy within the Department to overcome the long-term and high-risk technological barriers in the development of energy technologies. Any prior agency established under this name is hereby abolished. 

    (c) GOALS.—(1) IN GENERAL.—The goals of ARPA-E shall be—(A) to enhance the economic and energy security of the United States through the development of energy technologies that result in—

    (i) reductions of imports of energy from foreign sources;

    (ii) reductions of energy-related emissions, including greenhouse gases; and

    (iii) improvement in the energy efficiency of all economic sectors; and

    (B) to ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies.

    (2) MEANS.—ARPA-E shall achieve the goals established under paragraph (1) through energy technology projects by—

    (A) identifying and promoting revolutionary advances in fundamental and applied sciences;

    (B) translating scientific discoveries and cutting-edge inventions into technological innovations; and

    (C) accelerating transformational technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty.

    (d) DIRECTOR.—

    (1) APPOINTMENT.—There shall be in the Department of Energy a Director of ARPA-E, who shall be appointed by the President, by and with the advice and consent of the Senate.

    (2) QUALIFICATIONS.—The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary on, and manage research programs addressing, matters pertaining to long-term and high-risk technological barriers to the development of energy technologies.

    (3) RELATIONSHIP TO SECRETARY.—The Director shall report to the Secretary.

    (4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs within the Department shall report to the Director.

    (e) RESPONSIBLITIES.—The responsibilities of the Director shall include—

    (1) approving all new programs within ARPA-E;

    (2) developing funding criteria and assessing the success of programs through the establishment of technical milestones;

    (3) administering the Fund through awards to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, which may include federally-funded research and development centers, to achieve the goals described in subsection (c) of this section through targeted acceleration of—

    (A) novel early-stage energy research with possible technology applications;

    (B) development of techniques, processes, and technologies, and related testing and evaluation;

    (C) research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies; and

    (D) coordination with nongovernmental entities for demonstration of technologies and research applications to facilitate technology transfer;

    (4) terminating programs carried out under this section that are not achieving the goals of the programs; and

    (5) pursuant to subsection (c)(2)(C)—

    (A) ensuring that applications for funding disclose the extent of current and prior efforts, including monetary investments as appropriate, in pursuit of the technology area for which funding is being requested;

    (B) adopting measures to ensure that, in making awards, program managers adhere to the purposes of subsection (c)(2)(C); and

    (C) providing as part of the annual report required by subsection (h)(1) a summary of the instances of and reasons for ARPA-E funding projects in technology areas already being undertaken by industry.

    (f) AWARDS.—In carrying out this section, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.

    (g) PERSONNEL.—

    (1) IN GENERAL.—The Director shall establish and maintain within ARPA-E a staff with sufficient qualifications and expertise to enable ARPA-E to carry out the responsibilities of ARPA-E under this section in conjunction with other operations of the Department.

    (2) PROGRAM DIRECTORS.—

    (A) IN GENERAL.—The Director shall designate employees to serve as program directors for the programs established pursuant to the responsibilities established for ARPA-E under subsection (e) of this section.

    (B) RESPONSIBILITIES.—A program director of a program shall be responsible for—

    (i) establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, and publicizing the goals of the program to the public and private sectors;

    (ii) soliciting applications for specific areas of particular promise, especially areas that the private sector or the Federal Government are not likely to undertake alone;

    (iii) building research collaborations for carrying out the program;

    (iv) selecting on the basis of merit each of the projects to be supported under the program after considering—

    (I) the novelty and scientific and technical merit of the proposed projects;

    (II) the demonstrated capabilities of the applicants to successfully carry out the proposed project;

    (III) the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and

    (IV) such other criteria as are established by the Director;

    (v) identifying innovative cost-sharing arrangements for ARPA-E projects, including through use of the authority provided under section 16352(b)(3) of this title;

    (vi) monitoring the progress of projects supported under the program;

    (vii) identifying mechanisms for commercial application of successful energy technology development projects, including through establishment of partnerships between awardees and commercial entities; and

    (viii) recommending program restructure or termination of research partnerships or whole projects.

    (C) TERM.—The term of a program manager shall be not more than 3 years and may be renewed.

    (3) HIRING AND MANAGEMENT.—(A) IN GENERAL.—The Director shall have the authority to—

    (i) make appointments of scientific, engineering, and professional personnel without regard to the civil service laws;

    (ii) fix the basic pay of such personnel at a rate to be determined by the Director at rates not in excess of Level II of the Executive Schedule (EX-II) without regard to the civil service laws; and

    (iii) pay any employee appointed under this subpart payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subpart for any 12-month period shall not exceed the least of the following amounts:(I) $25,000.

    (II) The amount equal to 25 percent of the annual rate of basic pay of the employee.

    (III) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of Title 5.

    (B) NUMBER.—The Director shall appoint not more than 120 personnel under this section.

    (C) PRIVATE RECRUITING FIRMS.—The Secretary, or the Director serving as an agent of the Secretary, may contract with private recruiting firms for the hiring of qualified technical staff to carry out this section.

    (D) ADDITIONAL STAFF.—The Director may use all authorities in existence on August 9, 2014 that are provided to the Secretary to hire administrative, financial, and clerical staff as necessary to carry out this section.

    (h) REPORTS AND ROADMAPS.—

    (1) ANNUAL REPORT.—As part of the annual budget request submitted for each fiscal year, the Director shall provide to the relevant authorizing and appropriations committees of Congress a report describing projects supported by ARPA-E during the previous fiscal year.

    (2) STRATEGIC VISION ROADMAP.—Not later than October 1, 2015, and October 1, 2018, the Director shall provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA-E will use to guide the choices of ARPA-E for future technology investments over the following 3 fiscal years.

    (i) COORDINATIONS AND NONDUPLICATION.—

    (1) IN GENERAL.—To the maximum extent practicable, the Director shall ensure that the activities of ARPA-E are coordinated with, and do not duplicate the efforts of, programs and laboratories within the Department and other relevant research agencies.

    (2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent appropriate, the Director may coordinate technology transfer efforts with the Technology Transfer Coordinator appointed under section 16391 of this title.

    (j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA-E.

    (k) ADVICE.—(1) ADVISORY COMMITTEES.—The Director may seek advice on any aspect of ARPA-E from—

    (A) an existing Department of Energy advisory committee; and

    (B) a new advisory committee organized to support the programs of ARPA-E and to provide advice and assistance on—

    (i) specific program tasks; or

    (ii) overall direction of ARPA-E.

    (2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this section, the Director may seek advice and review from—

    (A) the President's Committee of Advisors on Science and Technology; and

    (B) any professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E.

    (l) ARPA-E EVALUATION.—

    (1) IN GENERAL.—After ARPA-E has been in operation for 6 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA-E is achieving the goals and mission of ARPA-E.

    (2) INCLUSIONS.—The evaluation shall include—

    (A) the recommendation of the National Academy of Sciences on whether ARPA-E should be continued or terminated; and

    (B) a description of lessons learned from operation of ARPA-E, and the manner in which those lessons may apply to the operation of other programs of the Department.

    (3) AVAILABILITY.—On completion of the evaluation, the evaluation shall be made available to Congress and the public.

    (m) EXISTING AUTHORITIES.—The authorities granted by this section are—

    (1) in addition to existing authorities granted to the Secretary; and

    (2) are not intended to supersede or modify any existing authorities.

     

    (n) PROTECTION OF INFORMATION.—The following types of information collected by ARPA-E from recipients of financial assistance awards shall be considered commercial and financial information obtained from a person and privileged or confidential and not subject to disclosure under section 552(b)(4) of title 5, United States Code:

     

    (1) Plans for commercialization of technologies developed under the award, including business plans, technology-to market plans, market studies, and cost and performance models.

    (2) Investments provided to an awardee from third parties (such as venture capital firms, hedge funds, and private equity firms), including amounts and the percentage of ownership of the awardee provided in return for the investments.

    (3) Additional financial support that the awardee—

    (A) plans to or has invested into the technology developed under the award; or

    (B) is seeking from third parties.

    (4) Revenue from the licensing or sale of new products or services resulting from research conducted under the award.’’.

    (o) FUNDING.—

    (1) FUND.—There is established in the Treasury of the United States a fund, to be known as the ”Energy Transformation Acceleration Fund”, which shall be administered by the Director for the purposes of carrying out this section.

    (2) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraphs (4) and (5), there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation—

    (A) $500,000,000 for fiscal year 2014;

    (B) such sums as are necessary for each of fiscal years 2015 and 2016;

    (C) $500,000,000 for fiscal year 2017;

    (D) $506,000,000 for fiscal year 2018; and

    (E) $512,000,000 for fiscal year 2019.

    (3) SEPARATE BUDGET AND APPROPRIATION.—

    (A) BUDGET REQUEST.—The budget request for ARPA-E shall be separate from the rest of the budget of the Department.

    (B) APPROPRIATIONS.—Appropriations to the Fund shall be separate and distinct from the rest of the budget for the Department.

    (4) ALLOCATION.—Of the amounts appropriated for a fiscal year under paragraph (2)—

    (A) not more than 50 percent of the amount shall be used to carry out subsection (e)(3)(D) of this section;

    (B) at least 5 percent of the amount shall be used for technology transfer and outreach activities, consistent with the goal described in subsection (c)(2)(D) and within the responsibilities of program directors described in subsection (g)(2)(B)(vii); and

    (C) no funds may be used for construction of new buildings or facilities during the 5-year period beginning on August 9, 2015.

  13. Mr. President,

     

    Point of order, and this is mostly for my own clarification. How is the cloture motion possible when Senator Santangelo didn't yield the floor? (((Are we just assuming that they did IRL because it's been two weeks?)))

     

    I yield the floor in hopes of an answer

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