[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2238

 To prevent the theft of catalytic converters and other precious metal 
                   car parts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2025

  Ms. Klobuchar (for herself and Mr. Moreno) 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. DEFINITION OF CATALYTIC CONVERTER.

    In this Act, the term ``catalytic converter'' means any of the 
following:
            (1) Any device installed in the exhaust system of an 
        internal combustion engine that utilizes catalytic action to 
        oxidize hydrocarbon (HC) and carbon monoxide (CO) emissions to 
        carbon dioxide (CO<INF>2</INF>) and water (H<INF>2</INF>O).
            (2) A diesel oxidation catalyst.
            (3) A diesel particulate filter.

SEC. 3. 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) Definition of Catalytic Converter.--Section 33101 of title 49, 
United States Code, is amended--
            (1) in each of paragraphs (1) through (11)--
                    (A) by inserting ``The term'' after the paragraph 
                designation; and
                    (B) by adding a paragraph heading the text of which 
                comprises the term defined in the paragraph;
            (2) by redesignating paragraphs (1) through (11) as 
        paragraphs (2) through (12), respectively; and
            (3) in the matter preceding paragraph (2) (as so 
        redesignated), by striking ``chapter--'' and inserting the 
        following: ``chapter:
            ``(1) Catalytic converter.--The term `catalytic converter' 
        means any of the following:
                    ``(A) Any device installed in the exhaust system of 
                an internal combustion engine that utilizes catalytic 
                action to oxidize hydrocarbon (HC) and carbon monoxide 
                (CO) emissions to carbon dioxide (CO<INF>2</INF>) and 
                water (H<INF>2</INF>O).
                    ``(B) A diesel oxidation catalyst.
                    ``(C) A diesel particulate filter.''.
    (d) 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.--
            ``(1) In general.--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.
            ``(2) Unique part identification numbers.--In promulgating 
        regulations under paragraph (1), the Administrator of the 
        National Highway Traffic Safety Administration shall allow for 
        a marking described in that paragraph to include a unique part 
        identification number (as defined in section 33111(b)(1)) that 
        is included in a database that is accessible by law 
        enforcement.''.

SEC. 4. 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 an identification number described in 
                subparagraph (B) on the outside of the catalytic 
                converter in a conspicuous manner.
                    (B) Identification number described.--An 
                identification number referred to in subparagraph (A) 
                is--
                            (i) the full vehicle identification number 
                        of the motor vehicle in which the catalytic 
                        converter was originally installed; or
                            (ii) a unique part identification number 
                        that is included in a database that--
                                    (I) is accessible by law 
                                enforcement; and
                                    (II) allows for the retrieval of 
                                the full vehicle identification number 
                                of the motor vehicle in which the 
                                catalytic converter was originally 
                                installed based on that part 
                                identification number.
                    (C) 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 owner or lessee of a centrally maintained 
                vehicle fleet;
                    (D) an automobile repair shop and service center; 
                and
                    (E) 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 3(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) Funding.--
            (1) Unobligated funding available.--Of the unobligated 
        amounts appropriated by the American Rescue Plan Act of 2021 
        (Public Law 117-2; 135 Stat. 4), $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 in paragraph (1) may 
        not be made available to carry out this section, there is 
        authorized to be appropriated to carry out this section an 
        amount equal to the remaining funding necessary to total 
        $7,000,000.

SEC. 5. REQUIREMENTS FOR PURCHASE OF CATALYTIC CONVERTERS AND RETENTION 
              OF SELLER INFORMATION.

    (a) Inclusion of Catalytic Converters.--Section 33101(7) of title 
49, United States Code (as redesignated by section 3(c)), is amended--
            (1) in subparagraph (K), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating 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) Definitions.--In this subsection:
                    ``(A) Precious metals.--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).
                    ``(B) Unique part identification number.--The term 
                `unique part identification number', with respect to a 
                motor vehicle part, means a unique part identification 
                number that--
                            ``(i) is marked, etched, or engraved on the 
                        motor vehicle part; and
                            ``(ii) is tied directly to the vehicle 
                        identification number of the vehicle on which 
                        the part was originally installed.
            ``(2) Requirement.--A seller of motor vehicle parts that 
        contain precious metals, including a person engaged in the 
        business of salvaging, dismantling, recycling, or repairing 
        motor vehicle parts that contain precious metals, shall provide 
        to a purchaser on the sale of the motor vehicle part--
                    ``(A) the name, address, telephone number, and a 
                photocopy of a government-issued identification of the 
                seller; and
                    ``(B) the vehicle identification number of the 
                motor vehicle on which the motor vehicle part was 
                originally installed or the unique part identification 
                number.
            ``(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 Certain Catalytic Converters.--It shall 
be unlawful to sell or purchase any catalytic converter which has had 
identifying markings removed or otherwise tampered with.
    (d) Traceable Forms of Payment.--
            (1) In general.--Any sale or purchase of a catalytic 
        converter shall be made with a traceable form of payment, such 
        as a check or a wire transfer.
            (2) Prohibition.--It shall be unlawful to sell or purchase 
        a catalytic converter for cash or a digital asset.
    (e) 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. 6. 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) Definitions.--In this section:
            ``(1) Catalytic converter.--The term `catalytic converter' 
        means any of the following:
                    ``(A) Any device installed in the exhaust system of 
                an internal combustion engine that utilizes catalytic 
                action to oxidize hydrocarbon (HC) and carbon monoxide 
                (CO) emissions to carbon dioxide (CO<INF>2</INF>) and 
                water (H<INF>2</INF>O).
                    ``(B) A diesel oxidation catalyst.
                    ``(C) A diesel particulate filter.
            ``(2) Precious metals.--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.--
            ``(1) In general.--Any person who violates subsection (b) 
        shall be fined under this title, imprisoned not more than 5 
        years, or both.
            ``(2) Concurrent sentences.--Any term of imprisonment 
        imposed on a person under paragraph (1) shall run concurrently 
        with any other term of imprisonment imposed on the person at 
        the same time for an offense arising out of the same 
        conduct.''; 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) Definition of catalytic converter.--In this 
        subsection, the term `catalytic converter' means any of the 
        following:
                    ``(A) Any device installed in the exhaust system of 
                an internal combustion engine that utilizes catalytic 
                action to oxidize hydrocarbon (HC) and carbon monoxide 
                (CO) emissions to carbon dioxide (CO<INF>2</INF>) and 
                water (H<INF>2</INF>O).
                    ``(B) A diesel oxidation catalyst.
                    ``(C) A diesel particulate filter.
            ``(2) Offense.--It shall be unlawful to buy, receive, 
        possess, or obtain control of, with intent to sell or otherwise 
        dispose of, a catalytic converter, knowing that the catalytic 
        converter has been stolen.
            ``(3) Penalty.--
                    ``(A) In general.--Subject to subparagraph (B), any 
                person who violates paragraph (2) shall be fined under 
                this title, imprisoned not more than 5 years, or both.
                    ``(B) Concurrent sentences.--Any term of 
                imprisonment imposed on a person under subparagraph (A) 
                shall run concurrently with any other term of 
                imprisonment imposed on the person at the same time for 
                an offense arising out of the same conduct.''.
    (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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