[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5024 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5024
To prevent the theft of catalytic converters and other precious metal
car parts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Ms. Klobuchar (for herself and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 VEHICLE REGULATIONS RELATING TO
CATALYTIC CONVERTERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration (referred to in this section as the
``Administrator'') shall--
(1) issue a notice of proposed rulemaking to revise the
motor vehicle theft prevention standard contained in section
541.5 of title 49, Code of Federal Regulations (or a successor
regulation), to include catalytic converters among the parts
specified in subsection (a) of that section;
(2) issue a notice of proposed rulemaking to revise part
543 of title 49, Code of Federal Regulations (or successor
regulations), to require that, notwithstanding the granting of
a petition under that part, all catalytic converters be marked
in accordance with section 541.5 of that title (as revised
pursuant to paragraph (1)); and
(3) update other regulations, as necessary, to ensure that,
with respect to catalytic converters, the requirements of
section 541.5 and part 543 of title 49, Code of Federal
Regulations (as revised in accordance with paragraphs (1) and
(2), respectively), apply to any vehicle covered by part 565 of
that title (or successor regulations).
(b) Application.--Notwithstanding any provision of chapter 331 of
title 49, United States Code, in the case of a vehicle described in
section 565.2 of title 49, Code of Federal Regulations (or a successor
regulation), that has not been sold to the first purchaser (as defined
in section 33101 of title 49, United States Code), the requirements
added to section 541.5 of title 49, Code of Federal Regulations (or a
successor regulation), by the Administrator in accordance with
paragraph (1) of subsection (a) shall apply to the vehicle beginning on
the date that is 180 days after the date on which the Administrator
makes the revisions and updates required by that subsection, regardless
of the model year of the vehicle or the date on which the vehicle is
manufactured.
(c) Marking of Catalytic Converters Notwithstanding an Exemption.--
Section 33106 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) a certification that the catalytic converter will be
marked in accordance with sections 33101 through 33104,
including associated regulations; and''; and
(2) by adding at the end the following:
``(f) Requirements for Marking Catalytic Converters.--The
Administrator of the National Highway Traffic Safety Administration
shall promulgate regulations requiring catalytic converters on a
vehicle line to be marked in accordance with sections 33101 through
33104, including associated regulations.''.
SEC. 3. GRANT PROGRAM FOR VIN STAMPING.
(a) Definitions.--In this section:
(1) Covered activity.--
(A) In general.--The term ``covered activity'',
with respect to a motor vehicle, means die or pin
stamping of the full vehicle identification number on
the outside of the catalytic converter in a conspicuous
manner.
(B) Stamping.--For purposes of subparagraph (A),
the term ``stamping'' means stamping--
(i) in a typed (not handwritten) font; and
(ii) covered through the application of a
coat of high-visibility, high-heat theft
deterrence paint.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a law enforcement agency;
(B) an automobile dealer;
(C) an automobile repair shop and service center;
and
(D) a nonprofit organization.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide grants to eligible entities to carry out covered activities
(excluding wages) relating to catalytic converters.
(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Requirement.--A covered activity carried out with a grant
awarded under this section shall be carried out at no cost to the owner
of--
(1) the motor vehicle being stamped; or
(2) any motor vehicle otherwise receiving service from an
eligible entity.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to--
(1) eligible entities operating in areas with the highest
need for covered activities, including the areas with the
highest rates of catalytic converter theft, as determined by
the Secretary; and
(2) eligible entities that are in possession of motor
vehicles that are subject to the requirement described in
section 2(b).
(f) Procedures for Marking.--In carrying out the grant program
under this section, 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 the catalytic converter.
(g) 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 grant program
established under subsection (b) that includes a description of the
progress, results, and any findings of the grant program, including--
(1) the total number of catalytic converters marked under
the grant program; and
(2)(A) to the extent known, whether any catalytic
converters marked under the grant program were stolen; and
(B) the outcome of any criminal investigation relating to
those thefts.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2023 through 2027.
SEC. 4. REQUIREMENTS FOR PURCHASE OF CATALYTIC CONVERTERS AND RETENTION
OF SELLER INFORMATION.
(a) Inclusion of Catalytic Converters.--Section 33101(6) of title
49, United States Code, is amended--
(1) in subparagraph (K), by striking ``and'' after the
semicolon at the end;
(2) by resdesignating subparagraph (L) as subparagraph (M);
(3) by inserting after subparagraph (K) the following:
``(L) the catalytic converter; and''; and
(4) in subparagraph (M) (as so redesignated), by striking
``subclauses (A)-(K) of this clause'' and inserting
``subparagraphs (A) through (L) of this paragraph''.
(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) Definition of precious metals.--In this subsection,
the term `precious metals' has the meaning given the term in
section 109-27.5101 of title 41, Code of Federal Regulations
(or a successor regulation).
``(2) Requirement.--A seller of motor vehicles or motor
vehicle parts that contain precious metals, including a person
engaged in the business of salvaging, dismantling, recycling,
or repairing motor vehicles or motor vehicle parts that contain
precious metals, shall provide to a purchaser on the sale of
the motor vehicle or motor vehicle part, as applicable--
``(A) the name, address, 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 removed.
``(3) Duration of retention.--A person shall retain the
information described in paragraph (2) for a period of not less
than 2 years.''.
(c) Prohibition on Sale of Partial Catalytic Converters.--It shall
be unlawful to sell or purchase any--
(1) partial or de-canned catalytic converter parts; or
(2) 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
``(a) Definition.--In this section, the term `precious metals' has
the meaning given the term in section 109-27.5101 of title 41, Code of
Federal Regulations, or any successor regulation.
``(b) Offense.--It shall be unlawful to steal or knowingly and
unlawfully take, carry away, or conceal a catalytic converter from
another person's motor vehicle, or knowingly purchase such a catalytic
converter, with the intent to distribute, sell, or dispose of the
catalytic converter or any precious metal removed therefrom in
interstate or foreign commerce.
``(c) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned not more than 5 years, or both.'';
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 the term in section 109-
27.5101 of title 41, Code of Federal Regulations, or any successor
regulation;''.
(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.--
``(1) Offense.--It shall be unlawful to buy, receive,
possess, or obtain control of, with intent to sell or otherwise
dispose of, a catalytic converter (including a de-canned
catalytic converter), knowing that the catalytic converter has
been stolen.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, 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 1 or more persons engage in receiving, concealing, destroying,
disassembling, dismantling, reassembling, or storing any motor vehicle
or motor vehicle part that 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 the vehicle or vehicle
part and to distribute, sell, or dispose of the vehicle or vehicle
part, or precious metal extracted from the vehicle or vehicle part, in
interstate or foreign commerce.''.
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