II 

Calendar No. 88 

113TH CONGRESS 

1ST SESSION S. 394 

To prohibit and deter the theft of metal, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2013 

Ms. KLOBUCHAR (for herself, Mr. GRAHAM, Mr. SCHUMER, Mr. HOEVEN, and 

Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

JUNE 17, 2013 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To prohibit and deter the theft of metal, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Metal Theft Prevention 

5 Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

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1 (1) the term ‘‘critical infrastructure’’ has the 

2 meaning given the term in section 1016(e) of the 

3 Uniting and Strengthening America by Providing 

4 Appropriate Tools Required to Intercept and Ob5 struct Terrorism (USA PATRIOT ACT) Act of 

6 2001 (42 U.S.C. 5195c(e)); 

7 (2) the term ‘‘specified metal’’ means metal 

8 that— 

9 (A)(i) is marked with the name, logo, or 

10 initials of a city, county, State, or Federal gov11 ernment entity, a railroad, an electric, gas, or 

12 water company, a telephone company, a cable 

13 company, a retail establishment, or a public 

14 utility; or 

15 (ii) has been altered in such a manner that 

16 a recycling agent would have a reasonable basis 

17 to believe that such alteration was made for the 

18 purpose of removing, concealing, or obliterating 

19 a name, logo, or initials described in clause (i) 

20 through burning or cutting of wire sheathing or 

21 other means; or 

22 (B) is part of— 

23 (i) a street light pole or fixture; 

24 (ii) a road or bridge guard rail; 

25 (iii) a highway or street sign; 

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1 (iv) a water meter cover; 

2 (v) a storm water grate; 

3 (vi) unused or undamaged building 

4 construction or utility material; 

5 (vii) a historical marker; 

6 (viii) a grave marker or cemetery urn; 

7 (ix) a utility access cover; or 

8 (x) a container used to transport or 

9 store beer with a capacity of 7.75 gallons 

10 or more; 

11 (C) is a wire or cable commonly used by 

12 communications and electrical utilities; or 

13 (D) is copper, aluminum, and other metal 

14 (including any metal combined with other mate15 rials) that is valuable for recycling or reuse as 

16 raw metal, except for aluminum cans; and 

17 (3) the term ‘‘recycling agent’’ means any per18 son engaged in the business of purchasing specified 

19 metal for reuse or recycling, without regard to 

20 whether that person is engaged in the business of re21 cycling or otherwise processing the purchased speci22 fied metal for reuse. 

23 SEC. 3. THEFT OF SPECIFIED METAL. 

24 (a) OFFENSE.—It shall be unlawful to steal specified 

25 metal— 

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1 (1) being used in or affecting interstate or for2 eign commerce; and 

3 (2) the theft of which harms critical infrastruc4 ture, including metal used as part of an electrical 

5 substation, power line, cellular tower, telephone land 

6 line, highway equipment and facilities, railroad 

7 equipment and facilities, water well, reservoir, or 

8 sewage line. 

9 (b) PENALTY.—Any person who commits an offense 

10 described in subsection (a) shall be fined under title 18, 

11 United States Code, imprisoned not more than 10 years, 

12 or both. 

13 SEC. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY 

14 TO SELL. 

15 (a) OFFENSES.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), it shall be unlawful for a recycling agent 

18 to purchase specified metal described in subpara19 graph (A) or (B) of section 2(2), unless— 

20 (A) the seller, at the time of the trans21 action, provides documentation of ownership of, 

22 or other proof of the authority of the seller to 

23 sell, the specified metal; and 

24 (B) there is a reasonable basis to believe 

25 that the documentation or other proof of aumstockstill on DSK4VPTVN1PROD with BILLS

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1 thority provided under subparagraph (A) is 

2 valid. 

3 (2) EXCEPTION.—Paragraph (1) shall not 

4 apply to a recycling agent that is subject to a State 

5 or local law that sets forth a requirement on recy6 cling agents to obtain documentation of ownership 

7 or proof of authority to sell specified metal before 

8 purchasing specified metal. 

9 (3) RESPONSIBILITY OF RECYCLING AGENT.—A 

10 recycling agent is not required to independently 

11 verify the validity of the documentation or other 

12 proof of authority described in paragraph (1). 

13 (4) PURCHASE OF STOLEN METAL.—It shall be 

14 unlawful for a recycling agent to purchase any speci15 fied metal that the recycling agent knows, or has a 

16 reasonable basis to believe, to be stolen. 

17 (b) CIVIL PENALTY.—A person who knowingly vio18 lates subsection (a) shall be subject to a civil penalty of 

19 not more than $10,000 for each violation. 

20 SEC. 5. TRANSACTION REQUIREMENTS. 

21 (a) RECORDING REQUIREMENTS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a recycling agent shall maintain a written 

24 or electronic record of each purchase of specified 

25 metal. 

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1 (2) EXCEPTION.—Paragraph (1) shall not 

2 apply to a recycling agent that is subject to a State 

3 or local law that sets forth recording requirements 

4 that are substantially similar to the requirements de5 scribed in paragraph (3) for the purchase of speci6 fied metal. 

7 (3) CONTENTS.—A record under paragraph (1) 

8 shall include— 

9 (A) the name and address of the recycling 

10 agent; and 

11 (B) for each purchase of specified metal— 

12 (i) the date of the transaction; 

13 (ii) a description of the specified 

14 metal purchased using widely used and ac15 cepted industry terminology; 

16 (iii) the amount paid by the recycling 

17 agent; 

18 (iv) the name and address of the per19 son to which the payment was made; 

20 (v) the name of the person delivering 

21 the specified metal to the recycling agent, 

22 including a distinctive number from a Fed23 eral or State government-issued photo 

24 identification card and a description of the 

25 type of the identification; and 

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1 (vi) the license plate number and 

2 State-of-issue, make, and model, if avail3 able, of the vehicle used to deliver the spec4 ified metal to the recycling agent. 

5 (4) REPEAT SELLERS.—A recycling agent may 

6 comply with the requirements of this subsection with 

7 respect to a purchase of specified metal from a per8 son from which the recycling agent has previously 

9 purchased specified metal by— 

10 (A) reference to the existing record relat11 ing to the seller; and 

12 (B) recording any information for the 

13 transaction that is different from the record re14 lating to the previous purchase from that per15 son. 

16 (5) RECORD RETENTION PERIOD.—A recycling 

17 agent shall maintain any record required under this 

18 subsection for not less than 2 years after the date 

19 of the transaction to which the record relates. 

20 (6) CONFIDENTIALITY.— 

21 (A) RECYCLING AGENTS.—A recycling 

22 agent cannot be required to provide any infor23 mation collected or retained under this sub24 section to any person other than a law enforcemstockstill on DSK4VPTVN1PROD with BILLS

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1 ment agency with jurisdiction over the recycling 

2 agent, unless acting pursuant to a court order. 

3 (B) OTHER PERSONS.—Any person other 

4 than a recycling agent who receives information 

5 collected or retained under this subsection from 

6 a recycling agent may not provide such infor7 mation to any person other than a law enforce8 ment agency with jurisdiction over the recycling 

9 agent, unless acting pursuant to a court order. 

10 (b) PURCHASES IN EXCESS OF $100.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), a recycling agent may not pay cash for 

13 a single purchase of specified metal of more than 

14 $100. For purposes of this paragraph, more than 1 

15 purchase in any 48-hour period from the same seller 

16 shall be considered to be a single purchase. 

17 (2) EXCEPTION.—Paragraph (1) shall not 

18 apply to a recycling agent that is subject to a State 

19 or local law that sets forth a maximum amount for 

20 cash payments for the purchase of specified metal. 

21 (3) PAYMENT METHOD.— 

22 (A) OCCASIONAL SELLERS.—Except as 

23 provided in subparagraph (B), for any purchase 

24 of specified metal of more than $100 a recy25 cling agent shall make payment by check that— 

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1 (i) is payable to the seller; and 

2 (ii) includes the name and address of 

3 the seller. 

4 (B) ESTABLISHED COMMERCIAL TRANS5 ACTIONS.—A recycling agent may make pay6 ments for a purchase of specified metal of more 

7 than $100 from a governmental or commercial 

8 supplier of specified metal with which the recy9 cling agent has an established commercial rela10 tionship by electronic funds transfer or other 

11 established commercial transaction payment 

12 method through a commercial bank if the recy13 cling agent maintains a written record of the 

14 payment that identifies the seller, the amount 

15 paid, and the date of the purchase. 

16 (c) CIVIL PENALTY.—A person who knowingly vio17 lates subsection (a) or (b) shall be subject to a civil penalty 

18 of not more than $10,000 for each violation. 

19 SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL. 

20 The Attorney General may bring an enforcement ac21 tion in an appropriate United States district court against 

22 any person that engages in conduct that violates this Act. 

23 SEC. 7. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 

24 (a) IN GENERAL.—An attorney general or equivalent 

25 regulator of a State may bring a civil action in the name 

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1 of the State, as parens patriae on behalf of natural per2 sons residing in the State, in any district court of the 

3 United States or other competent court having jurisdiction 

4 over the defendant, to secure monetary or equitable relief 

5 for a violation of this Act. 

6 (b) NOTICE REQUIRED.—Not later than 30 days be7 fore the date on which an action under subsection (a) is 

8 filed, the attorney general or equivalent regulator of the 

9 State involved shall provide to the Attorney General— 

10 (1) written notice of the action; and 

11 (2) a copy of the complaint for the action. 

12 (c) ATTORNEY GENERAL ACTION.—Upon receiving 

13 notice under subsection (b), the Attorney General shall 

14 have the right— 

15 (1) to intervene in the action; 

16 (2) upon so intervening, to be heard on all mat17 ters arising therein; 

18 (3) to remove the action to an appropriate dis19 trict court of the United States; and 

20 (4) to file petitions for appeal. 

21 (d) PENDING FEDERAL PROCEEDINGS.—If a civil ac22 tion has been instituted by the Attorney General for a vio23 lation of this Act, no State may, during the pendency of 

24 the action instituted by the Attorney General, institute a 

25 civil action under this Act against any defendant named 

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1 in the complaint in the civil action for any violation alleged 

2 in the complaint. 

3 (e) CONSTRUCTION.—For purposes of bringing a civil 

4 action under subsection (a), nothing in this section regard5 ing notification shall be construed to prevent the attorney 

6 general or equivalent regulator of the State from exer7 cising any powers conferred under the laws of that State 

8 to— 

9 (1) conduct investigations; 

10 (2) administer oaths or affirmations; or 

11 (3) compel the attendance of witnesses or the 

12 production of documentary and other evidence. 

13 SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. 

14 (a) IN GENERAL.—Pursuant to its authority under 

15 section 994 of title 28, United States Code, and in accord16 ance with this section, the United States Sentencing Com17 mission, shall review and, if appropriate, amend the Fed18 eral Sentencing Guidelines and policy statements applica19 ble to a person convicted of a criminal violation of section 

20 3 of this Act or any other Federal criminal law based on 

21 the theft of specified metal by such person. 

22 (b) CONSIDERATIONS.—In carrying out this section, 

23 the Sentencing Commission shall— 

24 (1) ensure that the sentencing guidelines and 

25 policy statements reflect the— 

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1 (A) serious nature of the theft of specified 

2 metal; and 

3 (B) need for an effective deterrent and ap4 propriate punishment to prevent such theft; 

5 (2) consider the extent to which the guidelines 

6 and policy statements appropriately account for— 

7 (A) the potential and actual harm to the 

8 public from the offense, including any damage 

9 to critical infrastructure; 

10 (B) the amount of loss, or the costs associ11 ated with replacement or repair, attributable to 

12 the offense; 

13 (C) the level of sophistication and planning 

14 involved in the offense; and 

15 (D) whether the offense was intended to or 

16 had the effect of creating a threat to public 

17 health or safety, injury to another person, or 

18 death; 

19 (3) account for any additional aggravating or 

20 mitigating circumstances that may justify exceptions 

21 to the generally applicable sentencing ranges; 

22 (4) assure reasonable consistency with other 

23 relevant directives and with other sentencing guide24 lines and policy statements; and 

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1 (5) assure that the sentencing guidelines and 

2 policy statements adequately meet the purposes of 

3 sentencing as set forth in section 3553(a)(2) of title 

4 18, United States Code. 

5 SEC. 9. STATE AND LOCAL LAW NOT PREEMPTED. 

6 Nothing in this Act shall be construed to preempt any 

7 State or local law regulating the sale or purchase of speci8 fied metal. 

9 SEC. 10. EFFECTIVE DATE. 

10 This Act shall take effect 180 days after the date of 

11 enactment of this Act. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Metal Theft Prevention 

14 Act of 2013’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act— 

17 (1) the term ‘‘critical infrastructure’’ has the 

18 meaning given the term in section 1016(e) of the 

19 Uniting and Strengthening America by Providing 

20 Appropriate Tools Required to Intercept and Obstruct 

21 Terrorism (USA PATRIOT ACT) Act of 2001 (42 

22 U.S.C. 5195c(e)); 

23 (2) the term ‘‘specified metal’’ means metal 

24 that— 

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1 (A)(i) is marked with the name, logo, or 

2 initials of a city, county, State, or Federal gov3 ernment entity, a railroad, an electric, gas, or 

4 water company, a telephone company, a cable 

5 company, a retail establishment, a beer supplier 

6 or distributor, or a public utility; or 

7 (ii) has been altered for the purpose of re8 moving, concealing, or obliterating a name, logo, 

9 or initials described in clause (i) through burn10 ing or cutting of wire sheathing or other means; 

11 or 

12 (B) is part of— 

13 (i) a street light pole or street light fix14 ture; 

15 (ii) a road or bridge guard rail; 

16 (iii) a highway or street sign; 

17 (iv) a water meter cover; 

18 (v) a storm water grate; 

19 (vi) unused or undamaged building 

20 construction or utility material; 

21 (vii) a historical marker; 

22 (viii) a grave marker or cemetery urn; 

23 (ix) a utility access cover; or 

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1 (x) a container used to transport or 

2 store beer with a capacity of 5 gallons or 

3 more; 

4 (C) is a wire or cable commonly used by 

5 communications and electrical utilities; or 

6 (D) is copper, aluminum, and other metal 

7 (including any metal combined with other mate8 rials) that is valuable for recycling or reuse as 

9 raw metal, except for— 

10 (i) aluminum cans; and 

11 (ii) motor vehicles, the purchases of 

12 which are reported to the National Motor 

13 Vehicle Title Information System (estab14 lished under section 30502 of title 49); and 

15 (3) the term ‘‘recycling agent’’ means any person 

16 engaged in the business of purchasing specified metal 

17 for reuse or recycling, without regard to whether that 

18 person is engaged in the business of recycling or oth19 erwise processing the purchased specified metal for 

20 reuse. 

21 SEC. 3. THEFT OF SPECIFIED METAL. 

22 (a) OFFENSE.—It shall be unlawful to knowingly steal 

23 specified metal— 

24 (1) being used in or affecting interstate or for25 eign commerce; and 

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1 (2) the theft of which is from and harms critical 

2 infrastructure. 

3 (b) PENALTY.—Any person who commits an offense de4 scribed in subsection (a) shall be fined under title 18, 

5 United States Code, imprisoned not more than 10 years, 

6 or both. 

7 SEC. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY 

8 TO SELL. 

9 (a) OFFENSES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), it shall be unlawful for a recycling agent 

12 to purchase specified metal described in subparagraph 

13 (A) or (B) of section 2(2), unless— 

14 (A) the seller, at the time of the transaction, 

15 provides documentation of ownership of, or other 

16 proof of the authority of the seller to sell, the 

17 specified metal; and 

18 (B) there is a reasonable basis to believe 

19 that the documentation or other proof of author20 ity provided under subparagraph (A) is valid. 

21 (2) EXCEPTION.—Paragraph (1) shall not apply 

22 to a recycling agent that is subject to a State or local 

23 law that sets forth a requirement on recycling agents 

24 to obtain documentation of ownership or proof of aumstockstill on DSK4VPTVN1PROD with BILLS

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1 thority to sell specified metal before purchasing speci2 fied metal. 

3 (3) RESPONSIBILITY OF RECYCLING AGENT.—A 

4 recycling agent is not required to independently 

5 verify the validity of the documentation or other proof 

6 of authority described in paragraph (1). 

7 (4) PURCHASE OF STOLEN METAL.—It shall be 

8 unlawful for a recycling agent to purchase any speci9 fied metal that the recycling agent— 

10 (A) knows to be stolen; or 

11 (B) should know or believe, based upon com12 mercial experience and practice, to be stolen. 

13 (b) CIVIL PENALTY.—A person who knowingly violates 

14 subsection (a) shall be subject to a civil penalty of not more 

15 than $10,000 for each violation. 

16 SEC. 5. TRANSACTION REQUIREMENTS. 

17 (a) RECORDING REQUIREMENTS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a recycling agent shall maintain a written 

20 or electronic record of each purchase of specified 

21 metal. 

22 (2) EXCEPTION.—Paragraph (1) shall not apply 

23 to a recycling agent that is subject to a State or local 

24 law that sets forth recording requirements that are 

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1 substantially similar to the requirements described in 

2 paragraph (3) for the purchase of specified metal. 

3 (3) CONTENTS.—A record under paragraph (1) 

4 shall include— 

5 (A) the name and address of the recycling 

6 agent; and 

7 (B) for each purchase of specified metal— 

8 (i) the date of the transaction; 

9 (ii) a description of the specified metal 

10 purchased using widely used and accepted 

11 industry terminology; 

12 (iii) the amount paid by the recycling 

13 agent; 

14 (iv) the name and address of the per15 son to which the payment was made; 

16 (v) the name of the person delivering 

17 the specified metal to the recycling agent, 

18 including a distinctive number from a Fed19 eral or State government-issued photo iden20 tification card and a description of the type 

21 of the identification; and 

22 (vi) the license plate number and 

23 State-of-issue, make, and model, if avail24 able, of the vehicle used to deliver the speci25 fied metal to the recycling agent. 

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1 (4) REPEAT SELLERS.—A recycling agent may 

2 comply with the requirements of this subsection with 

3 respect to a purchase of specified metal from a person 

4 from which the recycling agent has previously pur5 chased specified metal by— 

6 (A) reference to the existing record relating 

7 to the seller; and 

8 (B) recording any information for the 

9 transaction that is different from the record re10 lating to the previous purchase from that person. 

11 (5) RECORD RETENTION PERIOD.—A recycling 

12 agent shall maintain any record required under this 

13 subsection for not less than 2 years after the date of 

14 the transaction to which the record relates. 

15 (6) CONFIDENTIALITY.—Any information col16 lected or retained under this section may be disclosed 

17 to any Federal, State, or local law enforcement au18 thority or as otherwise directed by a court of law. 

19 (b) PURCHASES IN EXCESS OF $100.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a recycling agent may not pay cash for a 

22 single purchase of specified metal of more than $100. 

23 For purposes of this paragraph, more than 1 purchase 

24 in any 48-hour period from the same seller shall be 

25 considered to be a single purchase. 

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1 (2) EXCEPTION.—Paragraph (1) shall not apply 

2 to a recycling agent that is subject to a State or local 

3 law that sets forth a maximum amount for cash pay4 ments for the purchase of specified metal. 

5 (3) PAYMENT METHOD.— 

6 (A) OCCASIONAL SELLERS.—Except as pro7 vided in subparagraph (B), for any purchase of 

8 specified metal of more than $100 a recycling 

9 agent shall make payment by check that— 

10 (i) is payable to the seller; and 

11 (ii) includes the name and address of 

12 the seller. 

13 (B) ESTABLISHED COMMERCIAL TRANS14 ACTIONS.—A recycling agent may make pay15 ments for a purchase of specified metal of more 

16 than $100 from a governmental or commercial 

17 supplier of specified metal with which the recy18 cling agent has an established commercial rela19 tionship by electronic funds transfer or other es20 tablished commercial transaction payment meth21 od through a commercial bank if the recycling 

22 agent maintains a written record of the payment 

23 that identifies the seller, the amount paid, and 

24 the date of the purchase. 

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1 (c) CIVIL PENALTY.—A person who knowingly violates 

2 subsection (a) or (b) shall be subject to a civil penalty of 

3 not more than $5,000 for each violation, except that a per4 son who commits a minor violation shall be subject to a 

5 penalty of not more than $1,000. 

6 SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL. 

7 The Attorney General may bring an enforcement ac8 tion in an appropriate United States district court against 

9 any person that engages in conduct that violates this Act. 

10 SEC. 7. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 

11 (a) IN GENERAL.—An attorney general or equivalent 

12 regulator of a State may bring a civil action in the name 

13 of the State, as parens patriae on behalf of natural persons 

14 residing in the State, in any district court of the United 

15 States or other competent court having jurisdiction over the 

16 defendant, to secure monetary or equitable relief for a viola17 tion of this Act. 

18 (b) NOTICE REQUIRED.—Not later than 30 days before 

19 the date on which an action under subsection (a) is filed, 

20 the attorney general or equivalent regulator of the State in21 volved shall provide to the Attorney General— 

22 (1) written notice of the action; and 

23 (2) a copy of the complaint for the action. 

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1 (c) ATTORNEY GENERAL ACTION.—Upon receiving no2 tice under subsection (b), the Attorney General shall have 

3 the right— 

4 (1) to intervene in the action; 

5 (2) upon so intervening, to be heard on all mat6 ters arising therein; 

7 (3) to remove the action to an appropriate dis8 trict court of the United States; and 

9 (4) to file petitions for appeal. 

10 (d) PENDING FEDERAL PROCEEDINGS.—If a civil ac11 tion has been instituted by the Attorney General for a viola12 tion of this Act, no State may, during the pendency of the 

13 action instituted by the Attorney General, institute a civil 

14 action under this Act against any defendant named in the 

15 complaint in the civil action for any violation alleged in 

16 the complaint. 

17 (e) CONSTRUCTION.—For purposes of bringing a civil 

18 action under subsection (a), nothing in this section regard19 ing notification shall be construed to prevent the attorney 

20 general or equivalent regulator of the State from exercising 

21 any powers conferred under the laws of that State to— 

22 (1) conduct investigations; 

23 (2) administer oaths or affirmations; or 

24 (3) compel the attendance of witnesses or the 

25 production of documentary and other evidence. 

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1 SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. 

2 (a) IN GENERAL.—Pursuant to its authority under 

3 section 994 of title 28, United States Code, and in accord4 ance with this section, the United States Sentencing Com5 mission, shall review and, if appropriate, amend the Fed6 eral Sentencing Guidelines and policy statements applica7 ble to a person convicted of a criminal violation of section 

8 3 of this Act or any other Federal criminal law based on 

9 the theft of specified metal by such person. 

10 (b) CONSIDERATIONS.—In carrying out this section, 

11 the Sentencing Commission shall— 

12 (1) ensure that the sentencing guidelines and 

13 policy statements reflect the— 

14 (A) serious nature of the theft of specified 

15 metal; and 

16 (B) need for an effective deterrent and ap17 propriate punishment to prevent such theft; 

18 (2) consider the extent to which the guidelines 

19 and policy statements appropriately account for— 

20 (A) the potential and actual harm to the 

21 public from the offense, including any damage to 

22 critical infrastructure; 

23 (B) the amount of loss, or the costs associ24 ated with replacement or repair, attributable to 

25 the offense; 

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1 (C) the level of sophistication and planning 

2 involved in the offense; and 

3 (D) whether the offense was intended to or 

4 had the effect of creating a threat to public 

5 health or safety, injury to another person, or 

6 death; 

7 (3) account for any additional aggravating or 

8 mitigating circumstances that may justify exceptions 

9 to the generally applicable sentencing ranges; 

10 (4) assure reasonable consistency with other rel11 evant directives and with other sentencing guidelines 

12 and policy statements; and 

13 (5) assure that the sentencing guidelines and pol14 icy statements adequately meet the purposes of sen15 tencing as set forth in section 3553(a)(2) of title 18, 

16 United States Code. 

17 SEC. 9. STATE AND LOCAL LAW NOT PREEMPTED. 

18 Nothing in this Act shall be construed to preempt any 

19 State or local law regulating the sale or purchase of speci20 fied metal, the reporting of such transactions, or any other 

21 aspect of the metal recycling industry. 

22 SEC. 10. EFFECTIVE DATE. 

23 This Act shall take effect 180 days after the date of 

24 enactment of this Act. 

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Calendar No. 88 

113TH CONGRESS 

1ST SESSION S. 394 

A BILL 

To prohibit and deter the theft of metal, and for 

other purposes. 

JUNE 17, 2013 

Reported with an amendment 

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