[Congressional Record Volume 161, Number 8 (Friday, January 16, 2015)]
[Senate]
[Pages S244-S245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 51. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE II--METAL THEFT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Metal Theft Prevention Act
of 2015''.
SEC. 202. DEFINITIONS.
In this title--
(1) the term ``critical infrastructure'' has the meaning
given the term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e));
(2) 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; and
(3) 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, a beer
supplier or distributor, or a public utility; or
(ii) has been altered 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 street light 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 5 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--
(i) aluminum cans; and
(ii) motor vehicles, the purchases of which are reported to
the National Motor Vehicle Title Information System
(established under section 30502 of title 49, United States
Code).
SEC. 203. THEFT OF SPECIFIED METAL.
(a) Offense.--It shall be unlawful to knowingly steal
specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which is from and harms critical
infrastructure.
(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. 204. 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 202(3),
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
[[Page S245]]
any specified metal that the recycling agent--
(A) knows to be stolen; or
(B) should know or believe, based upon commercial
experience and practice, 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. 205. 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.--Any information collected or retained
under this section may be disclosed to any Federal, State, or
local law enforcement authority or as otherwise directed by a
court of law.
(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 $5,000 for each violation, except that a person
who commits a minor violation shall be subject to a penalty
of not more than $1,000.
SEC. 206. 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 title.
SEC. 207. 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 title.
(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 title, no State may, during the pendency of the action
instituted by the Attorney General, institute a civil action
under this title 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. 208. 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 203 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. 209. STATE AND LOCAL LAW NOT PREEMPTED.
Nothing in this title shall be construed to preempt any
State or local law regulating the sale or purchase of
specified metal, the reporting of such transactions, or any
other aspect of the metal recycling industry.
SEC. 210. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this Act.
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