[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6394 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6394
To prevent the theft of catalytic converters and other precious metal
car parts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2022
Mr. Baird introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary, and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prevent the theft of catalytic converters and other precious metal
car parts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Auto Recycling Theft
Act'' or the ``PART Act''.
SEC. 2. REQUIREMENTS FOR NEW MOTOR VEHICLES RELATING TO CATALYTIC
CONVERTERS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the National Highway Traffic Safety
Administration shall--
(1) revise the motor vehicle theft prevention standard in
section 541.5 of title 49, Code of Federal Regulations, to
include catalytic converters among the parts specified in
subsection (a) of such section; and
(2) update such regulations as are necessary to ensure that
the requirements added by paragraph (1) apply to any vehicle
covered by part 565 of such title.
(b) Applicability.--Notwithstanding any provision of chapter 331 of
title 49, United States Code, in the case of a vehicle described in
paragraph (2) of subsection (a) that has not been sold to the first
purchaser (as defined in section 33101 of such title), the requirements
added by paragraph (1) of such subsection shall apply to the vehicle
beginning on the date that is 6 months after the Secretary makes the
revision and updates required by such subsection, regardless of the
model year of the vehicle or the date on which the vehicle is
manufactured.
SEC. 3. GRANT PROGRAM FOR VIN STAMPING.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall establish
a program to provide grants to eligible entities to carry out covered
activities, excluding wages, related to catalytic converters.
(b) Application.--To be eligible for a grant under this section, an
eligible entity shall submit an application at such time, in such
manner, and containing such information as the Secretary may require.
(c) Eligible Entities.--In this section, eligible entities shall
be--
(1) law enforcement agencies;
(2) automobile dealers;
(3) automobile repair shops and service centers; and
(4) nonprofit organizations.
(d) Covered Activities.--Covered activities under this section
include a die or pin stamping of the full vehicle identification number
onto the outside of the catalytic converter in a conspicuous manner on
motor vehicles. Such stamping shall be--
(1) in a typed font and not handwritten; and
(2) covered by applying a coat of high-visibility, high-
heat theft deterrence paint.
(e) Requirement.--Any covered activity carried out under this
section shall be carried out at no cost to the owner of the vehicle
being stamped on any vehicle otherwise receiving service from the
eligible entity.
(f) Prioritization.--In making grants under this section, the
Secretary shall prioritize--
(1) eligible entities operating in the areas with the
highest need for covered activities, including the areas with
the highest rates of catalytic converter theft; and
(2) eligible entities that are in possession of motor
vehicles that are subject to the prohibition under section
1(b).
(g) Procedures for Marking.--In carrying out the program
established under subsection (a), the Secretary shall issue such
regulations as are necessary to establish procedures to mark catalytic
converters of vehicles most likely to be targeted for theft with unique
identification numbers using a combination of die or pin stamping and
high-visibility, high-heat theft deterrence paint without damaging the
function of such converter.
(h) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 10 years, the
Secretary shall submit to Congress a report on the program established
under subsection (a) that includes a description of the progress,
results, and any findings of the program, including the total number of
catalytic converters marked under the program and, to the extent known,
whether any catalytic converters marked under the program were stolen
and the outcome of any criminal investigation into the threats.
(i) Funding.--
(1) Unobligated funding available.--Of the unobligated
balances appropriated by the American Rescue Plan Act of 2021,
$7,000,000 shall be made available to carry out this section.
(2) Authorization of appropriations.--In the event that the
total of $7,000,000 of the funds described under paragraph (1)
may not be made available to carry out this section, there are
authorized to be appropriated to carry out this section an
amount equal to the remaining funding necessary to total
$7,000,000.
SEC. 4. REQUIREMENTS FOR PURCHASE OF CATALYTIC CONVERTERS AND RETENTION
OF SELLER INFORMATION.
(a) Inclusion of Catalytic Converters.--Section 33101(6) of the
title 49, United States Code, is amended--
(1) in subparagraph (K), by striking ``and'';
(2) in subparagraph (L), by striking ``(K)'' and inserting
``(L)'';
(3) by redesignating subparagraph (L) as subparagraph (M);
and
(4) by inserting after subparagraph (K), the following:
``(L) the catalytic converter; and''.
(b) Retention of Records.--Section 33111 of the title 49, United
States Code, is amended--
(1) in subsection (a), in the subsection heading, by
striking ``General Requirements'' and inserting ``Prohibitions
Related to Selling Motor Vehicle Parts'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Retention of Records.--
``(1) Requirement.--A person engaged in the business of
salvaging, dismantling, recycling, or repairing motor vehicles
or motor vehicle parts that contain precious metals shall
retain the records of any seller of motor vehicle parts that
sells such a part to such person, including--
``(A) the seller's name, address, thumbprint,
telephone number, and a photocopy of a government-
issued identification of the seller; and
``(B) the make, model, vehicle identification
number, date of purchase, and a description of the
motor vehicle or, with respect to a motor vehicle part,
a description of the motor vehicle from which the part
was purchased.
``(2) Duration of retention.--Such person shall retain such
information for a period of not less than two years.
``(3) Definition.--For purposes of paragraph (1), the term
`precious metals' has the meaning given such term in section
109-27.5101 of title 41, Code of Federal Regulations.''.
(c) Prohibition on Sale of Partial Catalytic Converters.--It shall
be unlawful to sell or purchase any partial or de-canned catalytic
converter parts or any catalytic converter which has had identifying
markings removed or otherwise tampered with.
(d) Regulations.--The Attorney General shall prescribe regulations
to carry out this section and the amendments made by this section,
including the enforcement and penalties that apply to a violation of
this section and the amendments made by this section.
SEC. 5. CRIMINAL PENALTIES.
(a) Theft of Catalytic Converters.--Chapter 31 of title 18, United
States Code, is amended--
(1) by adding at the end the following:
``Sec. 671. Theft of catalytic converters
``Whoever steals or knowingly and unlawfully takes, carries away,
or conceals a catalytic converter from another person's motor vehicle,
or knowingly purchases such a catalytic converter, with the intent to
distribute, sell, or dispose of such catalytic converter or any
precious metal removed therefrom in interstate or foreign commerce
shall be fined under this title or imprisoned not more than 5 years, or
both. For purposes of this section, the term `precious metals' has the
meaning given such term in section 109-27.5101 of title 41, Code of
Federal Regulations.''; and
(2) in the table of sections by adding at the end the
following:
``671. Theft of catalytic converters''.
(b) Definitions.--Section 2311 of title 18, United States Code, is
amended by inserting after ``for running on land but not on rails;''
the following:
```Precious metals' has the meaning given such term in
section 109-27.5101 of title 41, Code of Federal
Regulations;''.
(c) Trafficking in Car Parts Containing Precious Metals.--Section
2321 of title 18, United States Code, is amended by adding at the end
the following:
``(d) Trafficking in Motor Vehicle Parts Containing Precious
Metals.--Whoever buys, receives, possesses, or obtains control of, with
intent to sell or otherwise dispose of, a catalytic converter
(including a de-canned catalytic converter), knowing the same to have
been stolen, shall be fined under this title or imprisoned not more
than 5 years, or both.''.
(d) Chop Shops.--Section 2322(b) of title 18, United States Code,
is amended to read as follows:
``(b) Definition.--For purposes of this section, the term `chop
shop' means any building, lot, facility, or other structure or premise
where one or more persons engage in receiving, concealing, destroying,
disassembling, dismantling, reassembling, or storing any motor vehicle
or motor vehicle part which has been unlawfully obtained in order to
alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, extract any precious metal therefrom, or remove the
identity, including the vehicle identification number or derivative
thereof, or other identification marking, of such vehicle or vehicle
part and to distribute, sell, or dispose of such vehicle, or vehicle
part, or precious metal extracted from such vehicle part, in interstate
or foreign commerce.''.
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