S.Amdt. 3180

SA 3180. Ms. KLOBUCHAR (for herself and Mr. Graham) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

[[Page S449]]

TITLE VI--METAL THEFT PREVENTION ACT

SEC. 6001. SHORT TITLE.

This title may be cited as the ``Metal Theft Prevention Act
of 2016''.

SEC. 6002. DEFINITIONS.

In this title--
(1) the term ``critical infrastructure'' has the meaning
given the term in section 1016(e) of the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (42 U.S.C. 5195c(e));
(2) the term ``specified metal'' means metal that--
(A)(i) is marked with the name, logo, or initials of a
city, county, State, or Federal government entity, a
railroad, an electric, gas, or water company, a telephone
company, a cable company, a retail establishment, a beer
supplier or distributor, or a public utility; or
(ii) has been altered for the purpose of removing,
concealing, or obliterating a name, logo, or initials
described in clause (i) through burning or cutting of wire
sheathing or other means; or
(B) is part of--
(i) a street light pole or street light fixture;
(ii) a road or bridge guard rail;
(iii) a highway or street sign;
(iv) a water meter cover;
(v) a storm water grate;
(vi) unused or undamaged building construction or utility
material;
(vii) a historical marker;
(viii) a grave marker or cemetery urn;
(ix) a utility access cover; or
(x) a container used to transport or store beer with a
capacity of 5 gallons or more;
(C) is a wire or cable commonly used by communications and
electrical utilities; or
(D) is copper, aluminum, and other metal (including any
metal combined with other materials) that is valuable for
recycling or reuse as raw metal, except for--
(i) aluminum cans; and
(ii) motor vehicles, the purchases of which are reported to
the National Motor Vehicle Title Information System
(established under section 30502 of title 49, United States
Code); and
(3) the term ``recycling agent'' means any person engaged
in the business of purchasing specified metal for reuse or
recycling, without regard to whether that person is engaged
in the business of recycling or otherwise processing the
purchased specified metal for reuse.

SEC. 6003. THEFT OF SPECIFIED METAL.

(a) Offense.--It shall be unlawful to knowingly steal
specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which is from and harms critical
infrastructure.
(b) Penalty.--Any person who commits an offense described
in subsection (a) shall be fined under title 18, United
States Code, imprisoned not more than 10 years, or both.

SEC. 6004. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.

(a) Offenses.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for a recycling agent to purchase specified
metal described in subparagraph (A) or (B) of section
6002(2), unless--
(A) the seller, at the time of the transaction, provides
documentation of ownership of, or other proof of the
authority of the seller to sell, the specified metal; and
(B) there is a reasonable basis to believe that the
documentation or other proof of authority provided under
subparagraph (A) is valid.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a requirement on recycling agents to obtain
documentation of ownership or proof of authority to sell
specified metal before purchasing specified metal.
(3) Responsibility of recycling agent.--A recycling agent
is not required to independently verify the validity of the
documentation or other proof of authority described in
paragraph (1).
(4) Purchase of stolen metal.--It shall be unlawful for a
recycling agent to purchase any specified metal that the
recycling agent--
(A) knows to be stolen; or
(B) should know or believe, based upon commercial
experience and practice, to be stolen.
(b) Civil Penalty.--A person who knowingly violates
subsection (a) shall be subject to a civil penalty of not
more than $10,000 for each violation.

SEC. 6005. ENFORCEMENT BY ATTORNEY GENERAL.

The Attorney General may bring an enforcement action in an
appropriate United States district court against any person
that engages in conduct that violates this title.

SEC. 6006. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

(a) In General.--An attorney general or equivalent
regulator of a State may bring a civil action in the name of
the State, as parens patriae on behalf of natural persons
residing in the State, in any district court of the United
States or other competent court having jurisdiction over the
defendant, to secure monetary or equitable relief for a
violation of this title.
(b) Notice Required.--Not later than 30 days before the
date on which an action under subsection (a) is filed, the
attorney general or equivalent regulator of the State
involved shall provide to the Attorney General--
(1) written notice of the action; and
(2) a copy of the complaint for the action.
(c) Attorney General Action.--Upon receiving notice under
subsection (b), the Attorney General shall have the right--
(1) to intervene in the action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to an appropriate district court
of the United States; and
(4) to file petitions for appeal.
(d) Pending Federal Proceedings.--If a civil action has
been instituted by the Attorney General for a violation of
this title, no State may, during the pendency of the action
instituted by the Attorney General, institute a civil action
under this title against any defendant named in the complaint
in the civil action for any violation alleged in the
complaint.
(e) Construction.--For purposes of bringing a civil action
under subsection (a), nothing in this section regarding
notification shall be construed to prevent the attorney
general or equivalent regulator of the State from exercising
any powers conferred under the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.

SEC. 6007. DIRECTIVE TO SENTENCING COMMISSION.

(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission, shall
review and, if appropriate, amend the Federal Sentencing
Guidelines and policy statements applicable to a person
convicted of a criminal violation of section 6003 of this
title or any other Federal criminal law based on the theft of
specified metal by such person.
(b) Considerations.--In carrying out this section, the
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the--
(A) serious nature of the theft of specified metal; and
(B) need for an effective deterrent and appropriate
punishment to prevent such theft;
(2) consider the extent to which the guidelines and policy
statements appropriately account for--
(A) the potential and actual harm to the public from the
offense, including any damage to critical infrastructure;
(B) the amount of loss, or the costs associated with
replacement or repair, attributable to the offense;
(C) the level of sophistication and planning involved in
the offense; and
(D) whether the offense was intended to or had the effect
of creating a threat to public health or safety, injury to
another person, or death;
(3) account for any additional aggravating or mitigating
circumstances that may justify exceptions to the generally
applicable sentencing ranges;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines and policy
statements; and
(5) assure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing as set
forth in section 3553(a)(2) of title 18, United States Code.

SEC. 6008. CONFIDENTIALITY.

Any information collected or retained under this title may
be disclosed to any Federal, State, or local law enforcement
authority or as otherwise directed by a court of law.

SEC. 6009. STATE AND LOCAL LAW NOT PREEMPTED.

Nothing in this title shall be construed to preempt any
State or local law regulating the sale or purchase of
specified metal, the reporting of such transactions, or any
other aspect of the metal recycling industry.

SEC. 6010. EFFECTIVE DATE.

This title shall take effect 180 days after the date of
enactment of this Act.
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