Metal Theft Prevention Act of 2013 - Prohibits stealing specified metal being used in or affecting interstate or foreign commerce, the theft of which harms critical infrastructure, 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. Sets penalties of a fine, 10 years' imprisonment, or both, for violations.
Defines "specified metal" to include metal that is: (1) 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, or a public utility; (2) part of certain infrastructure items, such as a street light pole, guard rail, storm water grate, or grave marker; (3) a wire or cable commonly used by communications and electrical utilities; or (4) copper, aluminum, and other metal that is valuable for recycling or reuse as raw metal (except for aluminum cans).
Prohibits a recycling agent from purchasing such metal: (1) unless the seller provides documentation of ownership of, or other proof of the authority of the seller to sell, such metal and there is a reasonable basis to believe that the documentation provided is valid (does not require the agent to independently verify such validity); or (2) that the agent knows, or has a reasonable basis to believe, to be stolen. Subjects violators to a civil penalty of up to $10,000 per violation.
Sets forth recycling agent record-keeping and confidentiality requirements. Prohibits a recycling agent from paying cash for a single purchase of such metal of more than $100. Considers more than 1 purchase in any 48-hour period from the same seller to be a single purchase.
Exempts from such documentation requirements or purchase limits any recycling agent that is subject to a state or local law that requires obtaining such documentation or that limits such purchases.
Authorizes specified enforcement actions by the Attorney General and state attorneys general or equivalent state regulators.
Directs the U.S. Sentencing Commission to review and amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of the theft of such metal.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 867 Introduced in House (IH)]
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 determined 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 Representatives 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 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, 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;
(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 materials) that is
valuable for recycling or reuse as raw metal, except
for aluminum cans; 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. 3. THEFT OF SPECIFIED METAL.
(a) Offense.--It shall be unlawful to steal specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which harms critical infrastructure,
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 paragraph (2), it
shall be unlawful for a recycling agent to purchase specified
metal described in subparagraph (A) or (B) of section 2(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 knows, or has a reasonable basis to believe, 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. 5. TRANSACTION REQUIREMENTS.
(a) Recording Requirements.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent shall maintain a written or electronic record
of each purchase of specified metal.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth recording requirements that are substantially
similar to the requirements described in paragraph (3) for the
purchase of specified 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 accepted
industry terminology;
(iii) the amount paid by the recycling
agent;
(iv) the name and address of the person 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 Federal
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 available, of the
vehicle used to deliver the specified 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 person from which the recycling agent
has previously purchased specified metal by--
(A) reference to the existing record relating to
the seller; and
(B) recording any information for the transaction
that is different from the record relating to the
previous purchase from that person.
(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 information collected or
retained under this subsection to any person other than
a law enforcement agency with jurisdiction over the
recycling agent, unless acting pursuant a court order.
(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 information to any person other
than a law enforcement 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 paragraph (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 recycling agent shall make payment
by check that--
(i) is payable to the seller; and
(ii) includes the name and address of the
seller.
(B) Established commercial transactions.--A
recycling agent may make payments for a purchase of
specified metal of more than $100 from a governmental
or commercial supplier of specified metal with which
the recycling agent has an established commercial
relationship by electronic funds transfer or other
established commercial transaction payment method
through a commercial bank if the recycling 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 violates 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 action 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 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 Act.
(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 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 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. 8. 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 3
of this Act 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. 9. STATE AND LOCAL LAW NOT PREEMPTED.
Nothing in this Act shall be construed to preempt any State or
local law regulating the sale or purchase of specified metal.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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