II 

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, and Mr. HOEVEN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

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— 

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

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

10 Uniting and Strengthening America by Providing 


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1 Appropriate Tools Required to Intercept and Ob2 struct Terrorism (USA PATRIOT ACT) Act of 

3 2001 (42 U.S.C. 5195c(e)); 

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

5 that— 

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

7 initials of a city, county, State, or Federal gov8 ernment entity, a railroad, an electric, gas, or 

9 water company, a telephone company, a cable 

10 company, a retail establishment, or a public 

11 utility; or 

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

13 a recycling agent would have a reasonable basis 

14 to believe that such alteration was made for the 

15 purpose of removing, concealing, or obliterating 

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

17 through burning or cutting of wire sheathing or 

18 other means; or 

19 (B) is part of— 

20 (i) a street light pole or fixture; 

21 (ii) a road or bridge guard rail; 

22 (iii) a highway or street sign; 

23 (iv) a water meter cover; 

24 (v) a storm water grate; 


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1 (vi) unused or undamaged building 

2 construction or utility material; 

3 (vii) a historical marker; 

4 (viii) a grave marker or cemetery urn; 

5 (ix) a utility access cover; or 

6 (x) a container used to transport or 

7 store beer with a capacity of 7.75 gallons 

8 or more; 

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

10 communications and electrical utilities; or 

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

12 (including any metal combined with other mate13 rials) that is valuable for recycling or reuse as 

14 raw metal, except for aluminum cans; and 

15 (3) the term ‘‘recycling agent’’ means any per16 son engaged in the business of purchasing specified 

17 metal for reuse or recycling, without regard to 

18 whether that person is engaged in the business of re19 cycling or otherwise processing the purchased speci20 fied metal for reuse. 

21 SEC. 3. THEFT OF SPECIFIED METAL. 

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

23 metal— 

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


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1 (2) the theft of which harms critical infrastruc2 ture, including metal used as part of an electrical 

3 substation, power line, cellular tower, telephone land 

4 line, highway equipment and facilities, railroad 

5 equipment and facilities, water well, reservoir, or 

6 sewage line. 

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

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

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

10 or both. 

11 SEC. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY 

12 TO SELL. 

13 (a) OFFENSES.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), it shall be unlawful for a recycling agent 

16 to purchase specified metal described in subpara17 graph (A) or (B) of section 2(2), unless— 

18 (A) the seller, at the time of the trans19 action, provides documentation of ownership of, 

20 or other proof of the authority of the seller to 

21 sell, the specified metal; and 

22 (B) there is a reasonable basis to believe 

23 that the documentation or other proof of au24 thority provided under subparagraph (A) is 

25 valid. 


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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 a requirement on recy4 cling agents to obtain documentation of ownership 

5 or proof of authority to sell specified metal before 

6 purchasing specified metal. 

7 (3) RESPONSIBILITY OF RECYCLING AGENT.—A 

8 recycling agent is not required to independently 

9 verify the validity of the documentation or other 

10 proof of authority described in paragraph (1). 

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

12 unlawful for a recycling agent to purchase any speci13 fied metal that the recycling agent knows, or has a 

14 reasonable basis to believe, to be stolen. 

15 (b) CIVIL PENALTY.—A person who knowingly vio16 lates subsection (a) shall be subject to a civil penalty of 

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

18 SEC. 5. TRANSACTION REQUIREMENTS. 

19 (a) RECORDING REQUIREMENTS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a recycling agent shall maintain a written 

22 or electronic record of each purchase of specified 

23 metal. 

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

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


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1 or local law that sets forth recording requirements 

2 that are substantially similar to the requirements de3 scribed in paragraph (3) for the purchase of speci4 fied metal. 

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

6 shall include— 

7 (A) the name and address of the recycling 

8 agent; and 

9 (B) for each purchase of specified metal— 

10 (i) the date of the transaction; 

11 (ii) a description of the specified 

12 metal purchased using widely used and ac13 cepted industry terminology; 

14 (iii) the amount paid by the recycling 

15 agent; 

16 (iv) the name and address of the per17 son to which the payment was made; 

18 (v) the name of the person delivering 

19 the specified metal to the recycling agent, 

20 including a distinctive number from a Fed21 eral or State government-issued photo 

22 identification card and a description of the 

23 type of the identification; and 

24 (vi) the license plate number and 

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1 able, of the vehicle used to deliver the spec2 ified metal to the recycling agent. 

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

4 comply with the requirements of this subsection with 

5 respect to a purchase of specified metal from a per6 son from which the recycling agent has previously 

7 purchased specified metal by— 

8 (A) reference to the existing record relat9 ing to the seller; and 

10 (B) recording any information for the 

11 transaction that is different from the record re12 lating to the previous purchase from that per13 son. 

14 (5) RECORD RETENTION PERIOD.—A recycling 

15 agent shall maintain any record required under this 

16 subsection for not less than 2 years after the date 

17 of the transaction to which the record relates. 

18 (6) CONFIDENTIALITY.— 

19 (A) RECYCLING AGENTS.—A recycling 

20 agent cannot be required to provide any infor21 mation collected or retained under this sub22 section to any person other than a law enforce23 ment agency with jurisdiction over the recycling 

24 agent, unless acting pursuant to a court order. 


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1 (B) OTHER PERSONS.—Any person other 

2 than a recycling agent who receives information 

3 collected or retained under this subsection from 

4 a recycling agent may not provide such infor5 mation to any person other than a law enforce6 ment agency with jurisdiction over the recycling 

7 agent, unless acting pursuant to a court order. 

8 (b) PURCHASES IN EXCESS OF $100.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), a recycling agent may not pay cash for 

11 a single purchase of specified metal of more than 

12 $100. For purposes of this paragraph, more than 1 

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

14 shall be considered to be a single purchase. 

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

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

17 or local law that sets forth a maximum amount for 

18 cash payments for the purchase of specified metal. 

19 (3) PAYMENT METHOD.— 

20 (A) OCCASIONAL SELLERS.—Except as 

21 provided in subparagraph (B), for any purchase 

22 of specified metal of more than $100 a recy23 cling agent shall make payment by check that— 

24 (i) is payable to the seller; and 


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1 (ii) includes the name and address of 

2 the seller. 

3 (B) ESTABLISHED COMMERCIAL TRANS4 ACTIONS.—A recycling agent may make pay5 ments for a purchase of specified metal of more 

6 than $100 from a governmental or commercial 

7 supplier of specified metal with which the recy8 cling agent has an established commercial rela9 tionship by electronic funds transfer or other 

10 established commercial transaction payment 

11 method through a commercial bank if the recy12 cling agent maintains a written record of the 

13 payment that identifies the seller, the amount 

14 paid, and the date of the purchase. 

15 (c) CIVIL PENALTY.—A person who knowingly vio16 lates subsection (a) or (b) shall be subject to a civil penalty 

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

18 SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL. 

19 The Attorney General may bring an enforcement ac20 tion in an appropriate United States district court against 

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

22 SEC. 7. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 

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

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

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1 sons residing in the State, in any district court of the 

2 United States or other competent court having jurisdiction 

3 over the defendant, to secure monetary or equitable relief 

4 for a violation of this Act. 

5 (b) NOTICE REQUIRED.—Not later than 30 days be6 fore the date on which an action under subsection (a) is 

7 filed, the attorney general or equivalent regulator of the 

8 State involved shall provide to the Attorney General— 

9 (1) written notice of the action; and 

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

11 (c) ATTORNEY GENERAL ACTION.—Upon receiving 

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

13 have the right— 

14 (1) to intervene in the action; 

15 (2) upon so intervening, to be heard on all mat16 ters arising therein; 

17 (3) to remove the action to an appropriate dis18 trict court of the United States; and 

19 (4) to file petitions for appeal. 

20 (d) PENDING FEDERAL PROCEEDINGS.—If a civil ac21 tion has been instituted by the Attorney General for a vio22 lation of this Act, no State may, during the pendency of 

23 the action instituted by the Attorney General, institute a 

24 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. 

Æ 


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