[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10325-S10326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. KLOBUCHAR (for herself and Mr. Hatch):
  S. 3666. 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; to the Committee on Commerce, Science, and Transportation.
  Mr. HATCH. Mr. President, I rise today to introduce with my friend 
from Minnesota, Senator Amy Klobuchar, the Copper Theft Prevention Act 
of 2008. I am pleased to be working with Senator Klobuchar on this 
initiative to curb copper theft, which is on the rise in our country 
and around the world.
  We are living in tough economic times where the value of precious 
metals is at an all time high. Due to worldwide economic growth, 
particularly in fast-growing China, copper is worth between $3 to $4 a 
pound. Copper is used in the manufacturing of consumer goods, and the 
construction, electric utility, and telecommunications industries. 
Because of the metal's high ductility, malleability, and electrical 
conductivity, copper has become the benchmark for all types of wiring.
  Stolen copper can easily be turned into cash and a very small 
percentage of people who steal copper are actually caught. It's no 
wonder why thieves are stealing copper in every form--costing Americans 
hundreds of thousands of dollars in theft, damage, and threats to 
safety.

[[Page S10326]]

  To steal a large amount of copper quickly and safely, thieves target 
spools on the back of trucks and storage yards. This was evidenced 
several months ago in Ogden, Utah, when a thief stole a 1,700-pound 
load of copper from a metal yard apparently using the metal company's 
Caterpillar excavator to load it into his truck. I am aware of another 
occurrence in Utah County where a man was arrested for repeatedly 
stealing copper wiring nearly every week from a construction company. 
The thief would load his truck with the wire, then sell it anywhere 
between $800 and $1,200. The actual value of the wire is more than 
$18,000.
  Some of the most dangerous places to steal copper wire are from 
substations and from utility poles. According to an April 2007 report 
published by the U.S. Department of Energy entitled, ``An Assessment of 
Copper Wire Thefts from Electric Utilities,'' thefts at substations and 
utility poles are

       related to the large number of methamphetamine users who 
     are stealing copper wire. Medical studies have shown that 
     this drug reduces the ability of the brain to assess risk 
     before taking action; hence users of this drug are not 
     concerned about the risks involved in stealing wire from high 
     voltage substations, utility wires, and transformers. The 
     people who risk their life to steal copper wire from a 
     substation typically only receive a few hundred dollars from 
     the sale of the stolen wire, sufficient for the next drug 
     fix. Thefts from storage sites and trucks are most likely 
     done by professional criminal and not the drug abusers. 
     Storage sites and trucks are also more difficult to break 
     into than an unguarded substation or utility pole.

  We must cut off the incentives that fuel such blatant criminal 
activity, and I believe the proposed legislation goes a long way in 
accomplishing this goal. Under the proposed bill, scrap metal dealers 
would be: required to keep records of copper transactions, including 
the name and address of the seller, the date of the transaction, the 
quantity and description of the copper being purchased, an identifying 
number from a driver's license or other government-issued 
identification and, where possible, the make, model and tag number of 
the vehicle used to deliver the copper to the scrap dealer.
  Required to maintain these records for a minimum of 1 year from the 
date of the transaction and make them available to law enforcement 
agencies for use in tracking down and prosecuting copper theft crimes.
  Required to perform transactions of more than $250 by check, rather 
than cash.
  Subject to civil penalties of up to $10,000 for failing to document a 
transaction or engaging in cash transactions of more than $250.
  Let me be clear--the bill does not preempt States from enacting their 
own laws. Indeed, the proposed legislation provides a baseline from 
which all States must operate.
  On this point, Utah law currently requires anyone selling certain 
metals to provide identification before the sale is final. Some in Utah 
would like to tighten the law to include additional regulation and 
legislators would not be precluded from doing so. Indeed, States can 
enact more robust legislation as necessary.
  I am committed to moving this legislation forward and hope that my 
colleagues will join our effort to refine and enact this important bill 
as it moves through the legislative process.
                                 ______