Read twice and referred to the Committee on Commerce, Science, and Transportation.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Feb 11, 2009
Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines "secondary metal" as: (1) wire or cable commonly used by communications and electrical utilities; and (2) copper, aluminum, or other metal (including when combined with other materials) that is valuable for recycling or reuse as raw metal.
Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government; (2) highway or street poles, fixtures, rails, or signs; (3) unused or undamaged building construction or utility material; (4) historical markers or grave markers; and (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check.
Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations.
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Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.
Source last updated: Sep 8, 2026. Consult Congress.gov for the current record.
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