National Defense Authorization Act for Fiscal Year 2016

Floor Speech

Ms. KLOBUCHAR. Mr. President, I rise today to discuss the Metal Theft Prevention Act, which was filed as an amendment to the National Defense Authorization Act. In a moment, I am going to ask unanimous consent to make this amendment pending, but first I wish to explain why this amendment is so important.

I have been working on this legislation for years. Senator Schumer is a cosponsor. In the past, I have had support for this bill as cosponsors in Senator Hatch, Senator Lindsey Graham, and Senator Hoeven. Why has there been bipartisan support in the past for this bill? I think we all know that this is a public safety issue. Metal thieves have targeted labs, power stations, and gas lines, causing blackouts, service disruptions, and even dangerous explosions.

In September of 2013, four people were injured in an explosion at a University of California, Berkeley, electrical station. Officials blamed it on copper theft that occurred 2 hours before the explosion.

Georgia Power was having a huge problem with thieves targeting a substation that feeds the entire Hartsfield-Jackson Atlanta International Airport, one of the busiest airports in the world. The airport was getting hit two to three times a week, and surveillance didn't lead to any arrests.

The crime has also hurt the dignity of our veterans. Last year in my home State of Minnesota, the metal thieves robbed dozens of veterans' graves, taking the brass rods that hold their symbol of service. It is a crime that is almost too callous to comprehend, but sadly this wasn't the first time. On Memorial Day in 2012--this is just in Minnesota--thieves stole more than 20 Bronze Star markers from veterans' graves in Isanti County. That is why this bill is supported by the Veterans of Foreign Wars, the Vietnam Veterans of America, the Iraq and Afghanistan Veterans of America, as well as major law enforcement organizations and business groups.

The bill is really quite simple. It will help combat the shameless crime across State lines by putting modest recordkeeping requirements on scrap metal dealers and recyclers in place. It will limit the value of cash transactions to $100 and require sellers in certain cases to prove they actually own the metal.

All we are trying to do is stop scrap metal dealers from taking stolen metal. And the reason we can't just do it State by State is that a lot of States are doing this but a lot of States aren't, and what the thieves are doing is crossing State lines, stealing the metal in one State and selling it in another.

This is an important bill, and it has been heavily lobbied against by the scrap metal dealer association.

The Democratic side of the aisle has cleared this bill. We are ready to go forward with this amendment. There are objections on the Republican side. But I think people better step back and realize, the next time there is a major explosion, the next time something happens like this, which is happening on a weekly basis across the country--that they understand we could have done something to prevent it.

Mr. President, I ask unanimous consent to set aside the pending amendment in order to call up my amendment No. 1555.

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The PRESIDING OFFICER. Is there objection?

Mr. McCAIN. Mr. President, reserving the right to object, and I will object, I object on behalf of the Judiciary Committee. This would criminalize stealing metal. It makes it a Federal offense; therefore, the Judiciary properly has jurisdiction. It would also establish civil penalties enforceable by the Attorney General. It directs review of this crime by the Federal sentencing commission. It has no tie to the national security or the National Defense Authorization Act. So I object.

The PRESIDING OFFICER. Objection is heard.

Ms. KLOBUCHAR. Mr. President, I am disappointed that there is an objection to calling up this commonsense amendment that has so much support from veterans, law enforcement, and businesses. I have stood in front of small businesses all over my State, including with Senator Hoeven in Fargo, a number of electric companies that have been repeatedly broken into.

I believe this does have national security implications because there is a provision in the bill about critical infrastructure and creating a felony-level crime when they are stealing from that critical infrastructure. And I believe it is very important that we debate and vote on this issue as part of the National Defense Authorization Act.

I will continue to work to get a vote on this amendment during this entire year. I worry that at some point we are going to have major damage to our infrastructure as a result of metal theft, and everyone will look back and wonder why we didn't listen to every major law enforcement group in our country or to every single business that has been affected or to the electric companies that are being broken into all the time or to our veterans groups, that just want their final resting places to be respected. Despite the lobby of the scrap metal dealers, I will not let this rest.

I yield the floor.

The PRESIDING OFFICER. The Senator from Arizona.

Mr. McCAIN. Mr. President, I would point out to the Senator from Minnesota that we started on this legislation in the committee in May. We are now well into June--many weeks. We are 2 weeks into the consideration of this legislation, and the Senator from Minnesota comes to the floor with a compelling amendment.

I suggest the next time around the Senator from Minnesota raise the issue with the authorization committee and with others when the bill first comes to the floor rather than waiting 2 weeks before having a compelling interest in this very serious issue.

Ms. KLOBUCHAR. Mr. President----

Mr. McCAIN. I still have the floor, I would say to the Senator from Minnesota. The rules of the Senate are that we usually don't like to be interrupted.

Mr. President, we are going to embark on the McCain-Feinstein amendment, which I understand is going to be voted on at 11:30; is that correct?

The PRESIDING OFFICER. The Senator is correct.

Mr. McCAIN. I thank the Chair.

I yield the floor.

The PRESIDING OFFICER. The Senator from Minnesota.

Ms. KLOBUCHAR. Mr. President, I would like to note that I have been attempting to pass this legislation now for 3 years. Senator Hatch was my first cosponsor, then Senator Graham, and then Senator Hoeven. Every step of the way I have been stymied by the scrap metal dealer lobby.

I believe this is an important bill. It is a simple bill. It will greatly help because these thieves are crossing State lines with the stolen copper. I appreciate, obviously, Senator McCain's viewpoint, being the manager of this bill on the floor, but I think the record should reflect that I have tried many times to get this amendment up on other bills and to work with the committee, but every single time I get stopped in my tracks by this lobby. At some point I would like to have a vote on this so that people can vote their heart and vote with their law enforcement or vote with the scrap metal dealers. They can decide.

For now, our side has cleared this amendment, and the Republicans are objecting to this.

I yield the floor.

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