1.This Act may be cited as
the Metal Theft Prevention Act of
2012
.
2.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.
3.
(a)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)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.
4.Documentation of
ownership or authority to sell
(a)
(1)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)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 agentA recycling agent is not required to
independently verify the validity of the documentation or other proof of
authority described in paragraph (1).
(4)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)A person who knowingly violates subsection (a) shall be
subject to a civil penalty of not more than $10,000 for each violation.
5.
(a)
(1)Except as provided in paragraph (2), a recycling agent
shall maintain a written or electronic record of each purchase of specified
metal.
(2)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)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)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)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)
(A)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)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)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)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)
(A)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 transactionsA 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)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.
6.Enforcement by
Attorney GeneralThe 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.
7.Enforcement by
State attorneys general
(a)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)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)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
proceedingsIf 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)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.
8.Directive to
sentencing commission
(a)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)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.
9.State and local
law not preemptedNothing in
this Act shall be construed to preempt any State or local law regulating the
sale or purchase of specified metal.
10.This Act shall take
effect 180 days after the date of enactment of this Act.