I 
110TH CONGRESS 
2D SESSION 
H. R. 6831 
To require certain metal recyclers to keep records of their transactions in 
order to deter individuals and enterprises engaged in theft and interstate 
fencing of stolen copper, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2008 
Mr. STUPAK (for himself and Mr. RAMSTAD) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require certain metal recyclers to keep records of their 
transactions in order to deter individuals and enterprises 
engaged in theft and interstate fencing of stolen copper, 
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 ‘‘Copper Theft Preven-
tion Act of 2008’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—The Congress finds as follows: 
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(1) Since 2006, metal theft, particularly copper, 
has been on the rise, largely due to a surge in the 
global demand for scrap metal. 
(2) The price of copper has risen from $2 per 
pound in mid-2006 to more than $4 per pound in 
early 2008. 
(3) Theft of copper is jeopardizing this Nation’s 
critical infrastructure, through theft of copper in 
transportation, electrical, and telecommunications 
networks. 
(4) From January 2006 through March 2007, 
270 copper thefts from electric utilities in 42 States 
were reported. 
(5) Many arrests of copper thieves show a 
growing connection between the thefts and illegal 
drug activity, particularly methamphetamines. 
(6) The National Drug Intelligence Center’s 
2008 Threat Assessment shows a growing threat of 
methamphetamine use, especially in the western 
United States where increased incidents of copper 
theft are occurring. 
(7) Law enforcement officials have testified that 
legislation will help combat methamphetamine prob-
lems, as metal theft has become a favored method 
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of raising money to satisfy methamphetamine addic-
tion. 
(8) Thefts are on the rise due primarily because 
of the lack of pressure on the scrap and salvage 
yards that pay for copper and other precious metal 
without asking questions about where the material 
came from. 
(9) Combating the problem will take better 
communications between metal businesses and law 
enforcement agencies. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To protect consumers, businesses, the Na-
tion’s critical infrastructure, and State and local 
governments from the problem of copper theft as 
well as the related adverse health and safety risks it 
creates. 
(2) To allow legitimate transactions to continue 
to take place by establishing a system of docu-
menting the transactions between the seller and the 
buyer while addressing the growing problem of cop-
per theft that facilitates illegal drug use and other 
crimes. 
SEC. 3. REQUIREMENTS ON COPPER RECYCLERS. 
(a) RECORDS.— 
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(1) IN GENERAL.—A secondary copper recycler 
shall maintain a legible record of all copper property 
purchase transactions to which the secondary copper 
recycler is a party. The record shall include all of 
the following information: 
(A) The name and address of the sec-
ondary copper recycler. 
(B) The date of the transaction. 
(C) The weight, quantity, or volume of 
copper property purchased; the consideration 
paid by the secondary copper recycler; and a de-
scription of the type of copper property pur-
chased in a purchase transaction, including a 
general physical description (such as by describ-
ing the copper property as wire, tubing, 
extrusions, or casting). 
(D) The name and address of the person 
delivering the copper property to the secondary 
copper recycler. 
(E) The distinctive number from a Federal 
or State government-issued identification with a 
photograph of the person delivering the copper 
property to the secondary copper recycler, and 
the type of such identification. 
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(F) The license tag number, State of issue, 
make, and model, if available, of the vehicle 
used to deliver the copper property to the sec-
ondary copper recycler. 
(2) REPEAT SELLERS.—In the case of a person 
who sells copper property to the same secondary 
copper recycler more than once, such secondary cop-
per recycler may comply with this subsection by 
maintaining a record relating to such seller and in-
cluding in such record for subsequent transactions 
only the information relating to such seller that has 
changed. 
(b) PROHIBITION AGAINST CERTAIN CASH TRANS-
ACTIONS.—A secondary copper recycler shall not enter 
into any cash transaction in excess of $500 in payment 
for the purchase of copper property. For any such pur-
chase— 
(1) a secondary copper recycler shall make pay-
ment by check issued to the seller of the copper; and 
(2) the check shall be payable to the name and 
address of the seller or picked up in person by the 
seller. 
(c) MINIMUM PERIOD.—A secondary copper recycler 
shall maintain or cause to be maintained the records re-
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quired by subsection (a) for not less than 2 years from 
the date of the purchase transaction. 
(d) PENALTY.— 
(1) CIVIL PENALTY.—A secondary copper recy-
cler who violates subsections (a), (b), or (c) shall be 
liable to the United States for a civil penalty not to 
exceed $10,000. 
(2) NO
CRIMINAL
LIABILITY.—A violation of 
subsection (a), (b), or (c) does not constitute a 
crime, and a judgment for the United States and 
imposition of a civil penalty pursuant to paragraph 
(1) shall not give rise to any disability or legal dis-
advantage based on conviction for a criminal offense. 
(e) DEFINITION.—As used in this Act, the term ‘‘sec-
ondary copper recycler’’ means any person who is engaged, 
from a fixed location or otherwise, in the business of pay-
ing compensation for copper that has served its original 
economic purpose, whether or not engaged in the business 
of performing the manufacturing process by which copper 
is converted into raw material products consisting of pre-
pared grades and having an existing or potential economic 
value. 
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