I 
113TH CONGRESS 
1ST SESSION 
H. R. 867 
To prohibit and deter the theft of metal, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2013 
Mr. PAULSEN (for himself and Mr. KLINE) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To prohibit and deter the theft of metal, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Metal Theft Prevention 
Act of 2013’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘critical infrastructure’’ has the 
meaning given the term in section 1016(e) of the 
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Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Ob-
struct 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 gov-
ernment entity, a railroad, an electric, gas, or 
water company, a telephone company, a cable 
company, a retail establishment, or a public 
utility; or 
(ii) has been altered in such a manner that 
a recycling agent would have a reasonable basis 
to believe that such alteration was made 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 fixture; 
(ii) a road or bridge guard rail; 
(iii) a highway or street sign; 
(iv) a water meter cover; 
(v) a storm water grate; 
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(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 7.75 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 mate-
rials) that is valuable for recycling or reuse as 
raw metal, except for aluminum cans; and 
(3) the term ‘‘recycling agent’’ means any per-
son engaged in the business of purchasing specified 
metal for reuse or recycling, without regard to 
whether that person is engaged in the business of re-
cycling or otherwise processing the purchased speci-
fied metal for reuse. 
SEC. 3. THEFT OF SPECIFIED METAL. 
(a) OFFENSE.—It shall be unlawful to steal specified 
metal— 
(1) being used in or affecting interstate or for-
eign commerce; and 
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(2) the theft of which harms critical infrastruc-
ture, including metal used as part of an electrical 
substation, power line, cellular tower, telephone land 
line, highway equipment and facilities, railroad 
equipment and facilities, water well, reservoir, or 
sewage line. 
(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. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY 
TO SELL. 
(a) OFFENSES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for a recycling agent 
to purchase specified metal described in subpara-
graph (A) or (B) of section 2(2), unless— 
(A) the seller, at the time of the trans-
action, 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 au-
thority provided under subparagraph (A) is 
valid. 
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or local law that sets forth recording requirements 
that are substantially similar to the requirements de-
scribed in paragraph (3) for the purchase of speci-
fied metal. 
(3) CONTENTS.—A record under paragraph (1) 
shall include— 
(A) the name and address of the recycling 
agent; and 
(B) for each purchase of specified metal— 
(i) the date of the transaction; 
(ii) a description of the specified 
metal purchased using widely used and ac-
cepted industry terminology; 
(iii) the amount paid by the recycling 
agent; 
(iv) the name and address of the per-
son to which the payment was made; 
(v) the name of the person delivering 
the specified metal to the recycling agent, 
including a distinctive number from a Fed-
eral or State government-issued photo 
identification card and a description of the 
type of the identification; and 
(vi) the license plate number and 
State-of-issue, make, and model, if avail-
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able, of the vehicle used to deliver the spec-
ified metal to the recycling agent. 
(4) REPEAT SELLERS.—A recycling agent may 
comply with the requirements of this subsection with 
respect to a purchase of specified metal from a per-
son from which the recycling agent has previously 
purchased specified metal by— 
(A) reference to the existing record relat-
ing to the seller; and 
(B) recording any information for the 
transaction that is different from the record re-
lating to the previous purchase from that per-
son. 
(5) RECORD RETENTION PERIOD.—A recycling 
agent shall maintain any record required under this 
subsection for not less than 2 years after the date 
of the transaction to which the record relates. 
(6) CONFIDENTIALITY.— 
(A) RECYCLING
AGENTS.—A recycling 
agent cannot be required to provide any infor-
mation collected or retained under this sub-
section to any person other than a law enforce-
ment agency with jurisdiction over the recycling 
agent, unless acting pursuant a court order. 
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(B) OTHER PERSONS.—Any person other 
than a recycling agent who receives information 
collected or retained under this subsection from 
a recycling agent may not provide such infor-
mation to any person other than a law enforce-
ment agency with jurisdiction over the recycling 
agent, unless acting pursuant a court order. 
(b) PURCHASES IN EXCESS OF $100.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a recycling agent may not pay cash for 
a single purchase of specified metal of more than 
$100. For purposes of this paragraph, more than 1 
purchase in any 48-hour period from the same seller 
shall be considered to be a single purchase. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to a recycling agent that is subject to a State 
or local law that sets forth a maximum amount for 
cash payments for the purchase of specified metal. 
(3) PAYMENT METHOD.— 
(A) OCCASIONAL
SELLERS.—Except as 
provided in subparagraph (B), for any purchase 
of specified metal of more than $100 a recy-
cling agent shall make payment by check that— 
(i) is payable to the seller; and 
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(ii) includes the name and address of 
the seller. 
(B) ESTABLISHED
COMMERCIAL
TRANS-
ACTIONS.—A recycling agent may make pay-
ments for a purchase of specified metal of more 
than $100 from a governmental or commercial 
supplier of specified metal with which the recy-
cling agent has an established commercial rela-
tionship by electronic funds transfer or other 
established commercial transaction payment 
method through a commercial bank if the recy-
cling agent maintains a written record of the 
payment that identifies the seller, the amount 
paid, and the date of the purchase. 
(c) CIVIL PENALTY.—A person who knowingly vio-
lates subsection (a) or (b) shall be subject to a civil penalty 
of not more than $10,000 for each violation. 
SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL. 
The Attorney General may bring an enforcement ac-
tion in an appropriate United States district court against 
any person that engages in conduct that violates this Act. 
SEC. 7. 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 per-
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sons 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 Act. 
(b) NOTICE REQUIRED.—Not later than 30 days be-
fore 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 mat-
ters arising therein; 
(3) to remove the action to an appropriate dis-
trict court of the United States; and 
(4) to file petitions for appeal. 
(d) PENDING FEDERAL PROCEEDINGS.—If a civil ac-
tion has been instituted by the Attorney General for a vio-
lation of this Act, no State may, during the pendency of 
the action instituted by the Attorney General, institute a 
civil action under this Act against any defendant named 
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