,,ii #aacth ,,congress #ast ,session ,s4 #cid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjac ,ms4 ,klobuchar 7for herself1 ,mr4 ,graham1 ,mr4 ,schumer1 and ,mr4 ,hoeven7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit and deter the theft of metal1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,metal ,theft ,prevention ,act of #bjac4 #b4 ,definitions ,in this ,act-- 7#a7 the term critical infrastructure has the meaning given the term in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e772 7#b7 the term specified metal means metal that-- 7,a7 7i7 is marked with the name1 logo1 or initials of a city1 county1 ,state1 or ,federal government entity1 a railroad1 an electric1 gas1 or water company1 a telephone company1 a cable company1 a retail establishment1 or a public utility2 or 7ii7 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 removing1 concealing1 or obliterating a name1 logo1 or initials described in clause 7i7 through burning or cutting of wire sheathing or other means2 or 7,b7 is part of-- 7i7 a street light pole or fixture2 7ii7 a road or bridge guard rail2 7iii7 a highway or street sign2 7iv7 a water meter cover2 7v7 a storm water grate2 7vi7 unused or undamaged building construction or utility material2 7vii7 a historical marker2 7viii7 a grave marker or cemetery urn2 7ix7 a utility access cover2 or 7x7 a container used to transport or store beer with a capacity of #g4ge gallons or more2 7,c7 is a wire or cable commonly used by communications and electrical utilities2 or 7,d7 is copper1 aluminum1 and other metal 7including any metal combined with other materials7 that is valuable for recycling or reuse as raw metal1 except for aluminum cans2 and 7#c7 the term recycling agent means any person engaged in the business of purchasing specified metal for reuse or recycling1 without regard to whether that person is engaged in the business of recycling or otherwise processing the purchased specified metal for reuse4 #c4 ,theft of specified metal 7a7 ,offense ,it shall be unlawful to steal specified metal-- 7#a7 being used in or affecting interstate or foreign commerce2 and 7#b7 the theft of which harms critical infrastructure1 including metal used as part of an electrical substation1 power line1 cellular tower1 telephone land line1 highway equipment and facilities1 railroad equipment and facilities1 water well1 reservoir1 or sewage line4 7b7 ,penalty ,any person who commits an offense described in subsection 7a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 #d4 ,documentation of ownership or authority to sell 7a7 ,offenses 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful for a recycling agent to purchase specified metal described in subparagraph 7,a7 or 7,b7 of section #b7b71 unless-- 7,a7 the seller1 at the time of the transaction1 provides documentation of ownership of1 or other proof of the authority of the seller to sell1 the specified metal2 and 7,b7 there is a reasonable basis to believe that the documentation or other proof of authority provided under subparagraph 7,a7 is valid4 7#b7 ,exception ,paragraph 7#a7 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 metal4 7#c7 ,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 7#a74 7#d7 ,purchase of stolen metal ,it shall be unlawful for a recycling agent to purchase any specified metal that the recycling agent knows1 or has a reasonable basis to believe1 to be stolen4 7b7 ,civil penalty ,a person who knowingly violates subsection 7a7 shall be subject to a civil penalty of not more than #aj1jjj for each violation4 #e4 ,transaction requirements 7a7 ,recording requirements 7#a7 ,in general ,except as provided in paragraph 7#b71 a recycling agent shall maintain a written or electronic record of each purchase of specified metal4 7#b7 ,exception ,paragraph 7#a7 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 7#c7 for the purchase of specified metal4 7#c7 ,contents ,a record under paragraph 7#a7 shall include-- 7,a7 the name and address of the recycling agent2 and 7,b7 for each purchase of specified metal-- 7i7 the date of the transaction2 7ii7 a description of the specified metal purchased using widely used and accepted industry terminology2 7iii7 the amount paid by the recycling agent2 7iv7 the name and address of the person to which the payment was made2 7v7 the name of the person delivering the specified metal to the recycling agent1 including a distinctive number from a ,federal or ,state government-issued photo identification card and a description of the type of the identification2 and 7vi7 the license plate number and ,state-of-issue1 make1 and model1 if available1 of the vehicle used to deliver the specified metal to the recycling agent4 7#d7 ,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-- 7,a7 reference to the existing record relating to the seller2 and 7,b7 recording any information for the transaction that is different from the record relating to the previous purchase from that person4 7#e7 ,record retention period ,a recycling agent shall maintain any record required under this subsection for not less than #b years after the date of the transaction to which the record relates4 7#f7 ,confidentiality 7,a7 ,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 agent1 unless acting pursuant to a court order4 7,b7 ,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 agent1 unless acting pursuant to a court order4 7b7 ,purchases in excess of #ajj 7#a7 ,in general ,except as provided in paragraph 7#b71 a recycling agent may not pay cash for a single purchase of specified metal of more than #ajj4 ,for purposes of this paragraph1 more than #a purchase in any #dh-;hour period from the same seller shall be considered to be a single purchase4 7#b7 ,exception ,paragraph 7#a7 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 metal4 7#c7 ,payment method 7,a7 ,occasional sellers ,except as provided in subparagraph 7,b71 for any purchase of specified metal of more than #ajj a recycling agent shall make payment by check that-- 7i7 is payable to the seller2 and 7ii7 includes the name and address of the seller4 7,b7 ,established commercial transactions ,a recycling agent may make payments for a purchase of specified metal of more than #ajj 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 seller1 the amount paid1 and the date of the purchase4 7c7 ,civil penalty ,a person who knowingly violates subsection 7a7 or 7b7 shall be subject to a civil penalty of not more than #aj1jjj for each violation4 #f4 ,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 ,act4 #g4 ,enforcement by ,state attorneys general 7a7 ,in general ,an attorney general or equivalent regulator of a ,state may bring a civil action in the name of the ,state1 as parens patriae on behalf of natural persons residing in the ,state1 in any district court of the ,united ,states or other competent court having jurisdiction over the defendant1 to secure monetary or equitable relief for a violation of this ,act4 7b7 ,notice required ,not later than #cj days before the date on which an action under subsection 7a7 is filed1 the attorney general or equivalent regulator of the ,state involved shall provide to the ,attorney ,general-- 7#a7 written notice of the action2 and 7#b7 a copy of the complaint for the action4 7c7 ,attorney general action ,upon receiving notice under subsection 7b71 the ,attorney ,general shall have the right-- 7#a7 to intervene in the action2 7#b7 upon so intervening1 to be heard on all matters arising therein2 7#c7 to remove the action to an appropriate district court of the ,united ,states2 and 7#d7 to file petitions for appeal4 7d7 ,pending ,federal proceedings ,if a civil action has been instituted by the ,attorney ,general for a violation of this ,act1 no ,state may1 during the pendency of the action instituted by the ,attorney ,general1 institute a civil action under this ,act against any defendant named in the complaint in the civil action for any violation alleged in the complaint4 7e7 ,construction ,for purposes of bringing a civil action under subsection 7a71 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-- 7#a7 conduct investigations2 7#b7 administer oaths or affirmations2 or 7#c7 compel the attendance of witnesses or the production of documentary and other evidence4 #h4 ,directive to sentencing commission 7a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission1 shall review and1 if appropriate1 amend the ,federal ,sentencing ,guidelines and policy statements applicable to a person convicted of a criminal violation of section #c of this ,act or any other ,federal criminal law based on the theft of specified metal by such person4 7b7 ,considerations ,in carrying out this section1 the ,sentencing ,commission shall-- 7#a7 ensure that the sentencing guidelines and policy statements reflect the-- 7,a7 serious nature of the theft of specified metal2 and 7,b7 need for an effective deterrent and appropriate punishment to prevent such theft2 7#b7 consider the extent to which the guidelines and policy statements appropriately account for-- 7,a7 the potential and actual harm to the public from the offense1 including any damage to critical infrastructure2 7,b7 the amount of loss1 or the costs associated with replacement or repair1 attributable to the offense2 7,c7 the level of sophistication and planning involved in the offense2 and 7,d7 whether the offense was intended to or had the effect of creating a threat to public health or safety1 injury to another person1 or death2 7#c7 account for any additional aggravating or mitigating circumstances that may justify exceptions to the generally applicable sentencing ranges2 7#d7 assure reasonable consistency with other relevant directives and with other sentencing guidelines and policy statements2 and 7#e7 assure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing as set forth in section #ceec7;a77#b7 of title #ah1 ,united ,states ,code4 #i4 ,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 metal4 #aj4 ,effective date ,this ,act shall take effect #ahj days after the date of enactment of this ,act4