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Senator Amy Klobuchar (D-MN) again tried to attach her metals theft legislation to the bi-partisan Shaheen/Portman energy efficiency legislation after failing to attach it to a manufacturing improvement bill in April. Her bill was blocked by several Senators, especially Senator Mike Lee (R-UT) who engaged in a debate with her over the merits of the bill and its encroachment onto the state's rights to regulate commerce. Following the exchange on the Senate Floor, Senator Klobuchar listed all the supporters of her bill as compared to a single opponent - the scrap recycling industry. While her claim is incorrect, it demonstrates her frustration but also her continued commitment to pass her legislation through the U.S. Senate.
While we believe she will continue to experience stiff resistance in the Senate from a few Senators who can block her legislation, she will undoubtedly turn to the appropriations process in the waning days of the 113th Congress to get her bill included in a must-pass legislative vehicle. We will do everything we can to stop her efforts since her bill will only muddle the enforcement of the existing state laws in all 50 states. We encourage you to contact your U.S. Senators to make them aware of the adverse impacts of her bill if it were to be enacted.
On the other side of Capitol Hill, the House doesn't seem interested in this bill based on the fact that it would encroach on the state's right to enact laws as described by Senator Lee. The House is more conservative especially in regard to states’ rights. While this gives us hope her bill will not become law at the 11th hour, it may be very difficult to extract her bill from an appropriations bill that will fund the government. Therefore, it is vital to keep her bill from being attached and passed out of the Senate.
For more information about the federal metals theft bill, please contact Mark Reiter, Billy Johnson or Danielle Waterfield.