Text: H.R.4542 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.4542--
H.R.4542
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To prevent and deter auto theft.
  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 `Anti Car Theft Act of 1992'.
TITLE I--TOUGHER LAW ENFORCEMENT AGAINST AUTO THEFT
Subtitle A--Enhanced Penalties for Auto Theft
SEC. 101. FEDERAL PENALTIES FOR ARMED ROBBERIES OF AUTOS.
  (a) IN GENERAL- Chapter 103 of title 18, United States Code, is amended
  by adding at the end the following:
`Sec. 2119. Motor vehicles
  `Whoever, possessing a firearm as defined in section 921 of this title,
  takes a motor vehicle that has been transported, shipped, or received in
  interstate or foreign commerce from the person or presence of another by
  force and violence or by intimidation, or attempts to do so, shall--
  `(1) be fined under this title or imprisoned not more than 15 years, or both,
  `(2) if serious bodily injury (as defined in section 1365 of this title)
  results, be fined under this title or imprisoned not more than 25 years,
  or both, and
  `(3) if death results, be fined under this title or imprisoned for any
  number of years up to life, or both.'.
  (b) FEDERAL COOPERATION TO PREVENT `CARJACKING' AND MOTOR VEHICLE THEFT-
  In view of the increase of motor vehicle theft with its growing threat
  to human life and to the economic well-being of the Nation, the Attorney
  General, acting through the Federal Bureau of Investigation and the United
  States Attorneys, is urged to work with State and local officials to
  investigate car thefts, including violations of section 2119 of title 18,
  United States Code, for armed carjacking, and as appropriate and consistent
  with prosecutorial discretion, prosecute persons who allegedly violate
  such law and other relevant Federal statutes.
  (c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  103 of title 18, United States Code, is amended by adding at the end the
  following new item:
`2119. Motor vehicles.'.
SEC. 102. IMPORTATION AND EXPORTATION.
  Section 553(a) of title 18, United States Code, is amended by striking
  `fined not more than $15,000 or imprisoned not more than five years'
  and inserting `fined under this title or imprisoned not more than 10 years'.
SEC. 103. TRAFFICKING IN STOLEN VEHICLES.
  Each of sections 2312 and 2313(a) of title 18, United States Code, are
  amended by striking `fined not more than $5,000 or imprisoned not more
  than five years' and inserting `fined under this title or imprisoned not
  more than 10 years'.
SEC. 104. CIVIL AND CRIMINAL FORFEITURE.
  (a) CIVIL FORFEITURE- Section 981(a)(1) of title 18, United States Code,
  is amended by adding after subparagraph (E) the following:
  `(F) Any property, real or personal, which represents or is traceable to
  the gross proceeds obtained, directly or indirectly, from a violation of--
  `(i) section 511 (altering or removing motor vehicle identification numbers);
  `(ii) section 553 (importing or exporting stolen motor vehicles);
  `(iii) section 2119 (armed robbery of automobiles);
  `(iv) section 2312 (transporting stolen motor vehicles in interstate
  commerce); or
  `(v) section 2313 (possessing or selling a stolen motor vehicle that has
  moved in interstate commerce).'.
  (b) CRIMINAL FORFEITURE- Section 982(a) of title 18, United States Code,
  is amended by adding after paragraph (4) the following:
  `(5) The court, in imposing sentence on a person convicted of a violation
  or conspiracy to violate--
  `(A) section 511 (altering or removing motor vehicle identification numbers);
  `(B) section 553 (importing or exporting stolen motor vehicles);
  `(C) section 2119 (armed robbery of automobiles);
  `(D) section 2312 (transporting stolen motor vehicles in interstate
  commerce); or
  `(E) section 2313 (possessing or selling a stolen motor vehicle that has
  moved in interstate commerce);
shall order that the person forfeit to the United States any property, real
or personal, which represents or is traceable to the gross proceeds obtained,
directly or indirectly, as a result of such violation.'.
SEC. 105. CHOP SHOPS.
  (a) AMENDMENT- Chapter 113 of title 18, United States Code, is amended by
  adding at the end the following:
`Sec. 2322. Chop shops.
  `(a) IN GENERAL-
  `(1) UNLAWFUL ACTION- Any person who knowingly owns, operates, maintains,
  or controls a chop shop or conducts operations in a chop shop shall be
  punished by a fine under this title or by imprisonment for not more than
  15 years, or both. If a conviction of a person under this paragraph is
  for a violation committed after the first conviction of such person under
  this paragraph, the maximum punishment shall be doubled with respect to
  any fine and imprisonment.
  `(2) INJUNCTIONS- The Attorney General shall, as appropriate, in the case
  of any person who violates paragraph (1), commence a civil action for
  permanent or temporary injunction to restrain such violation.'.
  `(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 passenger motor vehicle or
  passenger motor vehicle part which has been unlawfully obtained in order to
  alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate,
  or remove the identity, including the vehicle identification number or
  derivative thereof, of such vehicle or vehicle part and to distribute,
  sell, or dispose of such vehicle or vehicle part in interstate or foreign
  commerce.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  113 of title 18, United States Code, is amended by adding at the end the
  following new item:
`2322. Chop shops.'.
Subtitle B--Targeted Law Enforcement
SEC. 130. GRANT AUTHORIZATION.
  (a) PURPOSE- The purpose of this subtitle is to supplement the provisions of
  the Edward Byrne Memorial State and Local Law Enforcement Assistance Program
  to help the States to curb motor vehicle thefts and the related violence.
  (b) GRANTS- The Director of the Bureau of Justice Assistance shall make
  grants to Anti Car Theft Committees submitting applications in compliance
  with the requirements of this subtitle.
SEC. 131. APPLICATION.
  (a) SUBMISSION- To be eligible to receive a grant under this subtitle, a
  chief executive of an Anti Car Theft Committee shall submit an application
  to the Director of the Bureau of Justice Assistance.
  (b) CONTENT- The application submitted under subsection (a) shall include
  the following:
  (1) A statement that the applicant Anti Car Theft Committee is either a
  State agency or an agency of a unit of local government.
  (2) A statement that the applicant Anti Car Theft Committee is or will be
  financed in part (A) by a fee on motor vehicles registered by the State
  or possessed or insured within the State (and that such fee is not less
  than $1 per vehicle), or (B) in the same manner and to the same extent as
  is a similar program financed and implemented in a State like Michigan.
  (3) An assurance that Federal funds received under a grant under this
  subtitle shall be used to supplement and not supplant non-Federal funds
  that would otherwise be available for activities funded under such grant.
  (4) A statement that the resources of the applicant Anti Car Theft Committee
  will be devoted entirely to combating motor vehicle theft, including any
  or all of the following:
  (A) Financing law enforcement officers or investigators whose duties are
  entirely or primarily related to investigating cases of motor vehicle
  theft or of trafficking in stolen motor vehicles or motor vehicle parts.
  (B) Financing prosecutors whose duties are entirely or primarily related
  to prosecuting cases of motor vehicle theft or of trafficking in stolen
  motor vehicles or motor vehicle parts.
  (C) Motor vehicle theft prevention programs, including vehicle identification
  number etching programs, programs implemented by law enforcement agencies
  and designed to enable the electronic tracking of stolen automobiles,
  and programs designed to prevent the export of stolen vehicles.
  (5) A description of the budget for the applicant Anti Car Theft Committee
  for the fiscal year for which a grant is sought.
SEC. 132. AWARD OF GRANTS.
  (a) IN GENERAL- The Director shall allocate to each State a proportion
  of the total funds available under this subtitle that is equal to the
  proportion of the number of motor vehicles registered in such State to
  the total number of motor vehicles registered in the United States. The
  Director shall ensure that all applicant States have an opportunity to
  receive grants from an available appropriation. Any State that has not met
  the requirements described in section 203 of this Act shall be excluded
  from any allocation under this subsection.
  (b) GRANT AMOUNTS- If one Anti Car Theft Committee within a State submits
  an application in compliance with section 131, the Director shall award
  to such Anti Car Theft Committee a grant equal to the total amount of
  funds allocated to such State under this section. In no case shall the
  Anti Car Theft Committee receive a grant that is more than 50 percent of
  the preaward budget for such Anti Car Theft Committee.
  (c) MULTIPLE COMMITTEES- If two or more Anti Car Theft Committees within
  a State submit applications in compliance with section 131, the Director
  shall award to such Anti Car Theft Committees grants that in sum are equal
  to the total amount of funds allocated to such State under this section. In
  no case shall an Anti Car Theft Committee receive a grant that is more than
  50 percent of the preaward budget for such Anti Car Theft Committee. The
  Director shall allocate funds among two or more Anti Car Theft Committees
  with a State according to the proportion of the preaward budget of each Anti
  Car Theft Committee to the total preaward budget for all grant recipient
  Anti Car Theft Committees within such State.
  (d) RENEWAL OF GRANTS- Subject to the availability of funds, a grant under
  this subtitle may be renewed for up to 2 additional years after the first
  fiscal year during which the recipient receives an initial grant under
  this subtitle if the Director determines that the funds made available to
  the recipient during the previous year were used in the manner required
  under the approved application.
SEC. 133. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated $10,000,000 to carry out this
  subtitle for each of the fiscal years 1993, 1994, and 1995.
Subtitle C--Report Regarding State Motor Vehicle Titling Programs to Combat
Motor Vehicle Thefts and Fraud
SEC. 140. ESTABLISHMENT OF TASK FORCE.
  (a) ESTABLISHMENT-
  (1) IN GENERAL- The Secretary of Transportation and the Attorney General
  of the United States, working together, shall, as soon as practicable
  after the date of the enactment of this Act but not later than 180 days
  after such date, establish a task force to study problems which relate
  to motor vehicle titling, vehicle registration, and controls over motor
  vehicle salvage which may affect the motor vehicle theft problem. The
  study shall include an examination of the extent to which the absence of
  uniformity and integration in State laws regulating vehicle titling and
  registration and salvage of used vehicles allows enterprising criminals to
  find the weakest link to `wash' the stolen character of the vehicles. It
  shall also consider the adoption of a title brand on all certificates of
  title indicating that the applicable vehicle was previously issued a title
  brand or a title signifying `rebuilt', `reconstructed', or `flood'.
  (2) REPORT- The task force shall prepare a report containing the results
  of such study and shall submit such report to the President and the
  Congress and to the chief executive officer of each State not later than
  12 months after the task force is established, together with appropriate
  recommendations to solve these problems.
  (b) MEMBERSHIP- The task force shall consist of--
  (1) the Secretary of Transportation, or the Secretary's delegate;
  (2) the Attorney General of the United States, or the Attorney General's
  delegate;
  (3) the Secretary of Commerce, or the Secretary's delegate;
  (4) the Secretary of the Treasury, or the Secretary's delegate;
  (5) at least 3 representatives, to be designated by the Attorney General
  of the United States;
  (6) at least 5 representatives of State motor vehicle departments, to be
  designated by the Secretary of Transportation; and
  (7) at least 1 representative, to be designated by the Secretary of
  Transportation, from each of the following groups:
  (A) Motor vehicle manufacturers.
  (B) Motor vehicle dealers and distributors.
  (C) Motor vehicle dismantlers, recyclers, and salvage dealers.
  (D) Motor vehicle repair and body shop operators.
  (E) Motor vehicle scrap processors.
  (F) Insurers of motor vehicles.
  (G) State law enforcement officials.
  (H) Local law enforcement officials.
  (I) The American Association of Motor Vehicle Administrators.
  (J) The National Insurance Crime Bureau.
  (K) The National Committee on Traffic Laws and Ordinances.
  (c) REIMBURSEMENT-
  (1) SALARY- The members of the task force shall serve without pay.
  (2) TRAVEL EXPENSES- While away from their residences or regular places
  of business in performance of services for the Federal Government, members
  of the task force shall be allowed travel expenses, including per diem in
  lieu of subsistence, in the same manner as persons employed intermittently
  in the Federal Government service are allowed expenses under section 5703
  of title 5, United States Code.
  (3) CHAIR- The Secretary of Transportation, or the Secretary's delegate,
  shall serve as chairman of the task force. The task force may also invite
  representatives of the Governors and State legislators to participate.
  (d) REPORT-
  (1) BASIS- The report required by subsection (a)(2) shall be made after
  a meaningful consultative process and review of existing laws, practices,
  studies, and recommendations regarding the problems specified in subsection
  (a)(1).
  (2) CONTENT- The report shall specify the key aspects of motor vehicle
  antitheft measures necessary to prevent the disposition or use of
  stolen motor vehicles, or the major components of motor vehicles, and
  to prevent insurance and other fraud based upon false reports of stolen
  motor vehicles. The report shall indicate any of the antitheft measures
  for which national uniformity would be crucial in order for the measure
  to be adequately effective. The report shall recommend viable ways of
  obtaining any national uniformity which is necessary.
  (3) RECOMMENDATIONS- The report also shall include other recommendations
  for legislative or administrative action at the State level or at the
  Federal level, and recommendations for industry and public actions.
TITLE II--AUTOMOBILE TITLE FRAUD
SEC. 201. DEFINITIONS.
  For purposes of this title:
  (1) The term `automobile' has the meaning given such term by section 501(1)
  of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001(1)).
  (2) The term `certificate of title' means a document issued by a State
  evidencing ownership of an automobile.
  (3) The term `insurance carrier' means an individual, corporation, or other
  entity which is engaged in the business of underwriting automobile insurance.
  (4) The term `junk automobile' means any automobile which is incapable of
  operation on roads or highways and which has no value except as a source
  of parts or scrap.
  (5) The term `junk yard' means any individual, corporation, or other entity
  which is engaged in the business of acquiring or owning junk automobiles
  for resale, either in their entirety or as spare parts, for rebuilding or
  restoration, or for crushing.
  (6) The term `operator' means a person or entity authorized or designated
  as the operator of the information system pursuant to section 202(a)(2)
  or if no such person or entity is authorized, the Secretary.
  (7) The term `salvage automobile' means any automobile which is damaged
  by collision, fire, flood, accident, trespass, or other occurrence to the
  extent that its fair salvage value plus the cost of repairing the automobile
  for legal operation on roads or highways would exceed the fair market value
  of the automobile immediately prior to the occurrence causing its damage.
  (8) The term `salvage yard' means any individual, corporation, or other
  entity which is engaged in the business of acquiring or owning salvage
  automobiles for resale, either in their entirety or as spare parts, or
  for rebuilding or restoration, or for crushing.
  (9) The term `Secretary' means the Secretary of Transportation.
  (10) The term `State' means any State of the United States or the District
  of Columbia.
SEC. 202. NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM.
  (a) INFORMATION SYSTEM-
  (1) ESTABLISHMENT- Not later than January 1996, the Secretary, in cooperation
  with the States, shall establish an information system (in this title
  referred to as the `National Motor Vehicle Title Information System')
  which will enable States and others to gain instant and reliable access
  to information maintained by other States pertaining to the titling of
  automobiles, unless the Secretary determines that an existing information
  system meets the requirements of subsections (b) and (c) of this section
  and will enable the Secretary to implement this title as early as possible
  and designates, in consultation with the Attorney General of the United
  States, such system as the information system for purposes of this title. In
  establishing the system, the Secretary, working with the Attorney General
  of the United States and the States, shall ascertain the extent to which
  title and related information to be included in the system will be adequate,
  timely, reliable, uniform, and capable of aiding in efforts to prevent the
  introduction or reintroduction into interstate commerce of stolen vehicles
  or parts.
  (2) OPERATION- The Secretary may authorize the operation of the information
  system established or designated under paragraph (1) by contract through an
  agreement with a State or States, or by redesignating, after consultation
  with the States, a third party which represents the interests of the States.
  (3) FEES- Operation of the information system established or designated
  under paragraph (1) shall be paid for by a system of user fees and should
  be self-sufficient and not be dependent on Federal funds. The amount of
  fees collected and retained subject to annual appropriation Acts, by the
  operator pursuant to this paragraph, not including fees collected by the
  operator and passed on to a State or other entity providing information
  to the operator, shall not exceed the costs of operating the system.
  (b) MINIMUM FUNCTIONAL CAPABILITIES- The information system established
  or designated under subsection (a)(1) shall, at a minimum, enable a user
  of the system instantly and reliably to determine--
  (1) the validity and status of a document purporting to be a certification
  of title,
  (2) whether an automobile bearing a known vehicle identification number
  is titled in a particular State,
  (3) whether an automobile known to be titled in a particular State is or
  has been a junk vehicle or a salvage vehicle,
  (4) for an automobile known to be titled in a particular State, the
  odometer reading information, as required in section 408 of the Motor
  Vehicle Information and Cost Savings Act (15 U.S.C. 1988), of such vehicle
  on the date its certificate of title was issued and such later odometer
  information, if noted by the State, and
  (5) whether an automobile bearing a known vehicle identification number has
  been reported as a junk vehicle or a salvage vehicle pursuant to section 204.
  (c) AVAILABILITY OF INFORMATION-
  (1) TO STATE- Upon request of a participating State, the operator makes
  available to such State information in the information system pertaining
  to any automobile.
  (2) TO LAW ENFORCEMENT- Upon request of a Federal, State, or local
  law enforcement official, the operator makes available to such official
  information in the information system pertaining to a particular automobile,
  salvage yard, or junk yard.
  (3) TO PROSPECTIVE PURCHASERS- Upon request of a prospective purchaser of
  an automobile, including an auction company or an entity that is in the
  business of purchasing used automobiles, the operator makes available to
  such prospective purchaser information in the information system pertaining
  to such automobile.
  (4) TO INSURANCE CARRIERS- Upon request of a prospective or current insurer
  of an automobile, the operator makes available to such prospective or current
  insurer information in the information system pertaining to such automobile.
  (5) PRIVACY- Notwithstanding any provision of paragraphs (1) through (4),
  the operator shall release no information other than what is necessary to
  reasonably satisfy the requirements of subsection (b). In no event shall
  the operator collect an individual's social security number or enable
  users of the information system to obtain an individual's address or social
  security number.
SEC. 203. STATE PARTICIPATION IN THE NATIONAL MOTOR VEHICLE TITLE INFORMATION
SYSTEM.
  (a) REQUIREMENTS-
  (1) INFORMATION SHARING- Each State shall make titling information maintained
  by such State available for use in establishing the National Motor Vehicle
  Title Information System established under section 202.
  (2) TITLE VERIFICATION- Each State shall establish a practice of performing
  an instant title verification check before issuing a certificate of title
  to an individual or entity claiming to have purchased an automobile from
  an individual or entity in another State. Such instant title verification
  check shall consist of--
  (A) communicating to the operator the vehicle identification number of
  the vehicle for which the certificate of title is sought, the name of the
  State which issued the most recent certificate of title pertaining to the
  vehicle, and the name of the individual or entity to whom such certificate
  was issued; and
  (B) affording the operator an opportunity to communicate to the participating
  State the results of a search of the information.
  (b) GRANTS TO STATES-
  (1) REVIEW OF STATE SYSTEMS- Not later than January 1, 1994, the Secretary,
  in cooperation with the States, shall--
  (A) conduct a review of systems used by the States to compile and maintain
  information concerning the titling of automobiles, and
  (B) determine, for each State, the cost of making titling information
  maintained by such State available to the operator of the National Motor
  Vehicle Title Information System for the purpose of meeting the requirements
  of subsection (b).
  (2) AWARD OF GRANTS- The Secretary may award grants to participating States
  to be used in making titling information maintained by such States available
  to the operator of the National Motor Vehicle Title Information System if--
  (A) for any State that is a recipient of such a grant, the grant does
  not exceed--
  (i) 25 percent of the cost of making titling information maintained
  by such State available to the operator of the National Motor Vehicle
  Title Information System as determined by the Secretary under subsection
  (d)(1)(B); or
  (ii) $300,000;
whichever is lower; and
  (B) the Secretary determined that such grants are fair, reasonable,
  and necessary for the establishment of the National Motor Vehicle Title
  Information System under section 202(a)(1).
  (c) REPORT TO CONGRESS- No later than January 1, 1997, the Secretary
  shall report to Congress which States have met the requirements imposed by
  section 203. If any State has not met these requirements, the Secretary
  shall describe the impediments that have resulted in the State's failure
  to meet the requirements.
SEC. 204. REPORTING.
  (a) OPERATORS OF JUNK OR SALVAGE YARD-
  (1) INVENTORY REPORT- Beginning at a time determined by the Secretary, but
  no earlier than 3 months prior to the establishment of the National Motor
  Vehicle Title Information System, any person or entity in the business of
  operating an automobile junk yard or automobile salvage yard shall file a
  monthly report with the operator. Such report shall contain an inventory
  of all junk vehicles or salvage vehicles obtained by the junk yard or
  salvage yard during the preceding month. Such inventory shall contain the
  vehicle identification number of each vehicle obtained, the date on which
  it was obtained, the name of the person or entity from whom the reporter
  obtained the vehicle, and a statement of whether the vehicle was crushed
  or otherwise disposed of for sale or other purposes.
  (2) APPLICATION- Paragraph (1) shall not apply to--
  (A) persons or entities that are required by State law to report the
  acquisition of junk vehicles or salvage vehicles to State or local
  authorities if such authorities make such information available to the
  operator, or
  (B) any person who is issued a verification under section 607 of the Motor
  Vehicle Information and Cost Savings Act stating that the vehicle or parts
  from such vehicle are not reported as stolen.
  (b) INSURANCE CARRIERS- Beginning at a time determined by the Secretary,
  but no earlier than 3 months prior to the establishment of the National
  Motor Vehicle Title Information System, any person or entity engaged in
  the business of an insurance carrier shall file, directly or through a
  designated agent, a monthly report with the operator. Such report shall
  contain an inventory of all vehicles of the current model year or any of the
  4 preceding model years which such carrier has, during the preceding month,
  obtained possession of and determined to be salvage or junk vehicles. Such
  inventory shall contain the vehicle identification number of each vehicle
  obtained, the date on which it was obtained, the name of the person or
  entity from whom the reporter obtained the vehicle, and the owner of the
  vehicle at the time of the filing of the report.
  (c) ENFORCEMENT PROVISIONS-
  (1) PENALTY AMOUNT- Whoever violates this section may be assessed a civil
  penalty of not to exceed $1,000 for each violation.
  (2) PENALTY PROCEDURE- Any such penalty shall be assessed by the Secretary
  and collected in a civil action brought by the Attorney General of the United
  States. Any such penalty may be compromised by the Secretary. In determining
  the amount of such penalty, or the amount agreed upon in compromise,
  the appropriateness of such penalty to the size of the business of the
  person charged and the gravity of the violation shall be considered. The
  amount of such penalty, finally determined, or the amount agreed upon in
  compromise, may be deducted from any sums owed by the United States to
  the person charged.
  (d) PROCEDURES AND PRACTICES- The Secretary shall establish by rule
  procedures and practices to facilitate reporting in the least burdensome
  and costly fashion.
TITLE III--AMENDMENTS ON THEFT PREVENTION REGARDING `CHOP SHOP' RELATED THEFTS
SEC. 301. DEFINITIONS.
  (a) CARS, SPECIALTY VEHICLES, AND LIGHT-DUTY TRUCKS- Section 601(1) of
  the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2021(1))
  is amended to read as follows:
  `(1) The term `passenger motor vehicle' includes any multipurpose passenger
  vehicle and light-duty truck that is rated at 6,000 pounds gross vehicle
  weight or less.'.
  (b) CHOP SHOP DEFINITION- Section 601 of the Motor Vehicle Information
  and Cost Savings Act (15 U.S.C. 2021) is amended by adding at the end
  the following:
  `(11) 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 passenger motor vehicle or passenger motor vehicle part which
  has been unlawfully obtained in order to alter, counterfeit, deface,
  destroy, disguise, falsify, forge, obliterate, or remove the identity,
  including the vehicle identification number or derivative thereof, of
  such vehicle or vehicle part and to distribute, sell, or dispose of such
  vehicle or vehicle part in interstate or foreign commerce.'.
  (c) MAJOR REPLACEMENT PART- Section 601(8) (15 U.S.C. 2021(8)) is amended
  to read as follows:
  `(8) The term `major replacement part' means any major part--
  `(A) which is not installed in or on a motor vehicle at the time of its
  delivery to the first purchaser and the equitable or legal title to which
  has not been transferred to any first purchaser, or
  `(B) which is a customized or modified version of an original major part
  in or on a completed motor vehicle after the manufacture of such vehicle
  but before the time of its delivery to the first purchaser.'.
SEC. 302. THEFT PREVENTION STANDARD.
  Section 602 of the Motor Vehicle Information and Cost Savings Act (15
  U.S.C. 2022) is amended--
  (1) by amending subsection (d)(1) to read as follows:
  `(d)(1) In the case of major parts installed by the motor vehicle
  manufacturer, the standard under this section may not require any part to
  have more than a single identification.', and
  (2) by adding at the end the following:
  `(f)(1) Within 2 years after the date of the enactment of the Anti Car Theft
  Act of 1992, the Secretary shall promulgate a vehicle theft standard which
  conforms to the requirements of this title and which applies with respect
  to the covered major parts which are installed by all foreign and domestic
  manufacturers into passenger motor vehicles (other than light-duty trucks) in
  not to exceed one-half of the lines not designated under section 603 as high
  theft lines. Such rule shall be effective for model years applicable to such
  passenger motor vehicles as provided in subsection (c)(4) of this section.
  `(2) Within 3 years after the rule under paragraph (1) is promulgated,
  the Secretary, based on the Attorney General's finding under paragraph
  (3), shall designate all the remaining such lines of such passenger motor
  vehicles (other than light-duty trucks) and apply such standard to such lines
  in conformance with the requirements of this title. Such rule shall also
  apply to the major replacement parts for the major parts described in this
  paragraph. Such rule shall be effective, for model years applicable to such
  passenger motor vehicles as provided in subsection (c)(4) of this section.
  `(3) The Attorney General shall make a finding prior to the Secretary's
  initiation and promulgation of a rule under paragraph (2) that the rule shall
  be promulgated unless the Attorney General finds, based upon the information
  collected and analyzed under section 615 and such other information as the
  Attorney General may develop (after notice and after a public hearing), that
  requiring such additional parts marking for all of the applicable passenger
  motor vehicles would not substantially inhibit chop shop operations and
  vehicle thefts. The Attorney General shall also take into account as part
  of the record additional costs, effectiveness, competition, and available
  alternatives factors. The Attorney General shall transmit the finding and
  the record upon which the finding is based to the Secretary. Such finding
  and record shall be a part of the Secretary's rulemaking record.
  `(4) The Attorney General of the United States shall by December 31,
  1999, determine, after notice and a public hearing, whether one or both
  rules promulgated under this subsection have been an effective means to
  substantially inhibit the operation of chop shops and vehicle theft,
  taking into account the additional cost, competition, and available
  alternatives. The Attorney General shall base his determination on
  information collected and analyzed under section 615, the 3-year and
  5-year reports issued by the Secretary under this title, and such other
  information as he may develop and include in the public record. He shall
  take into consideration the effectiveness, extent of use, and the extent to
  which civil and criminal penalties under section 610(b) of this title and
  18 U.S.C. 2322 regarding chop shops have been effective in substantially
  inhibiting chop shop operations and vehicle theft. The Attorney General
  shall promptly transmit his finding to the Secretary. If the determination
  is that one or both rules have not been an effective means to substantially
  inhibit chop shop operation and vehicle theft, the Secretary shall within
  180 days after receipt of such finding terminate by order 1 or both of
  the rules promulgated under this subsection effective the next model year
  following the issuance of such order.
  `(5) The Attorney General shall make a separate determination by December
  31, 1999, after notice and a public hearing, as to whether the antitheft
  devices for which an exemption under section 605 is authorized are an
  effective substitute for parts marking in substantially inhibiting vehicle
  theft, taking into account the additional cost, competition, and available
  alternatives. If the Attorney General determines that such antitheft devices
  are an effective substitute for parts marking in substantially inhibiting
  vehicle theft, the Secretary shall continue to grant exemptions under
  section 605 at the level authorized prior to the date of the enactment of
  the Anti Car Theft Act of 1992 or at the level authorized for model year
  2000, as determined by the Attorney General. Nothing in this paragraph
  affects exemptions granted in model year 2000 or earlier to any manufacturer.
  `(6) The Secretary and the Attorney General shall keep the appropriate
  legislative committees of Congress with jurisdiction over this Act and
  18 U.S.C. 2322 informed about the actions taken or planned under this
  subsection.
  `(g) The Secretary is authorized to periodically redetermine and establish
  by rule the median theft rate under subsection (a)(1), but not more than
  every 2 years.'.
SEC. 303. DESIGNATION OF HIGH THEFT VEHICLE LINES AND PARTS.
  Section 603 of the Motor Vehicle Information and Cost Savings Act (15
  U.S.C. 2023) is amended--
  (1) by striking in subsection (a)(1)(A) `in which the final standard is
  promulgated' and inserting in lieu thereof `in which the Anti Car Theft
  Act of 1992 is enacted';
  (2) by striking out paragraph (3) of subsection (a) and by redesignating
  paragraphs (4) and (5) as paragraphs (3) and (4), respectively;
  (3) by striking `or (3)' in redesignated paragraphs (3) and (4) of subsection
  (a);
  (4) by adding at the end of subsection (a) (as amended by paragraph (2))
  the following:
  `(5) Any motor vehicle line subject, on the date of enactment of the Anti Car
  Theft Act of 1992, to parts marking requirements under section 602 and this
  section shall continue to be subject to such requirements unless such motor
  vehicle line becomes exempt from such requirements under section 605.', and
  (5) by striking paragraph (4) of subsection (b) and redesignating paragraph
  (5) as paragraph (4).
SEC. 304. LIMITED EXEMPTION FOR NEW VEHICLES EQUIPPED WITH EFFECTIVE ANTITHEFT
AS ORIGINAL EQUIPMENT.
  (a) CONTINUING CURRENT LAW- The second sentence of section 605(a)(2) of
  the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2025(a)(2))
  is amended by inserting `through model year 1996' after `model year'.
  (b) MODEL YEARS AFTER MODEL YEAR 1996- Section 605(a)(2) of the Motor Vehicle
  Information and Cost Savings Act (15 U.S.C. 2025(a)(2)) is amended by adding
  at the end the following: `For model year 1997 through model year 2000,
  the Secretary may grant such an exemption for not more than 1 additional
  line of any manufacturer and such exemption shall not affect the validity
  of the exemption of any line previously exempted under this paragraph. For
  model years subsequent to 2000, the number of lines for which the Secretary
  may grant such an exemption (if any) shall be determined by the Attorney
  General under section 602(f)(5).
SEC. 305. PROHIBITED ACTS.
  (a) RULES- Section 610(a)(2) of the Motor Vehicle Information and Cost
  Savings Act (as so redesignated by section 306 of this Act) is amended by
  inserting `or Attorney General' after `Secretary'.
  (b) CHOP SHOPS- Section 610 of the Motor Vehicle Information and Cost
  Savings Act (as so redesignated by section 306 of this Act) (15 U.S.C. 2027)
  is amended by adding at the end the following:
  `(c)(1) It shall be unlawful for any person to knowingly own, operate,
  maintain, or control a chop shop or conduct operations in a chop shop of
  any kind or transport by any means any passenger motor vehicle or passenger
  motor vehicle part to or from a chop shop.
  `(2) The Secretary shall, as appropriate and in consultation with the
  Attorney General, in the case of any person who violates paragraph (1),
  commence a civil action for permanent or temporary injunction to restrain
  such violation or the Secretary shall assess and recover a civil penalty
  of not more than $100,000 per day for each such violation, or both.'.
SEC. 306. VERIFICATION.
  (a) IN GENERAL- Title VI of the Motor Vehicle Information and Cost Savings
  Act is amended by redesignating sections 607 through 614 as sections
  610 through 617, respectively, by striking in section 602(e) `and 612'
  and inserting `and 615', and by inserting after section 606 the following:
`VERIFICATION OF VEHICLE AS LEGAL SALVAGE OR JUNK VEHICLE
  `SEC. 607. (a) Any person engaged in business as an insurance carrier to
  sell comprehensive insurance coverage for motor vehicles shall, if such
  carrier obtains possession of and transfers a junk motor vehicle or a
  salvage motor vehicle--
  `(1) verify, in accordance with procedures established by rule under
  section 609 by the Attorney General and in consultation with the Secretary
  of Transportation, whether that motor vehicle is reported as stolen, and
  `(2) provide verification to whomever such carrier transfers or sells any
  such salvage or junk motor vehicle identifying the vehicle identification
  number or derivative thereof of such vehicle and verifying that such
  vehicle has not been reported as stolen or, if reported as stolen, that
  such insurance carrier has recovered the vehicle and has proper legal
  title to the vehicle.
For purposes of paragraph (2), the term `vehicle identification number'
means a unique identification number assigned to a passenger motor vehicle
by a manufacturer in compliance with applicable regulations or a derivative
thereof. Nothing in this paragraph shall be construed to prohibit such carrier
from transferring a motor vehicle if, within a reasonable period of time
during normal business operations (as determined by the Attorney General
under section 609 of this title) using reasonable efforts, such carrier
has not received a determination under section 609 that the vehicle has not
been reported as stolen or to otherwise determine whether such vehicle has
been reported as stolen, except that such carrier shall provide a written
certification of such lack of determination.
  `(b) The Attorney General, in consultation with the Secretary, shall
  promulgate such regulations as are needed to ensure that verification
  performed and provided by insurance carriers under subsection (a)(2)
  is uniform, effective, and resistant to fraudulent use.'.
  (b) EFFECTIVE DATE- The regulations required by section 607(b) of the
  Motor Vehicle Information and Cost Savings Act shall be promulgated
  within 6 months after the date of the enactment of this subsection. The
  amendment made by subsection (a) shall take effect within 3 months after
  such regulations are promulgated, but not before the system in section
  609 of the Motor Vehicle Information and Cost Savings Act is operational.
  (c) PARTS- Title VI of such Act, as amended by subsection (a), is amended
  by inserting after section 607 the following new section:
`PARTS
  `SEC. 608. (a) No person engaged in the business of salvaging, dismantling,
  recycling, or repairing passenger motor vehicles shall knowingly sell or
  distribute in commerce or transfer or install a major part marked with an
  identification number without--
  `(1) first determining, through a procedure established by rule by the
  Attorney General in consultation with the Secretary of Transportation
  under section 609 that such major part has not been reported as stolen; and
  `(2) providing the purchaser or transferee with a verification identifying
  the vehicle identification number or derivative thereof of such major part,
  and verifying that such major part has not been reported as stolen.
  `(b) The Attorney General, in consultation with the Secretary of
  Transportation, shall promulgate such regulations as are needed to ensure
  that verifications provided by persons under subsection (a)(2) are uniform,
  effective, and resistant to fraudulent use.
  `(c) Subsection (a) shall not apply to a person who is the manufacturer
  of the major part, who has purchased the major part directly from the
  manufacturer, who has received a verification from an insurance carrier
  pursuant to section 607 that the motor vehicle from which such major part is
  derived  has not been reported as stolen, or that such carrier has failed,
  in accordance with section  607, to determine whether such vehicle has
  been stolen. Such person shall be required to provide such verification
  to any person to whom such vehicle, or any major part of such vehicle,
  is thereafter transferred or sold in commerce. The Attorney General shall
  promulgate regulations to implement this section.'.
  (d) EFFECTIVE DATE- The amendment made by subsection (c) shall be effective
  on the date that the system required by section 609 is established.
  (e) NATIONAL STOLEN AUTO PART INFORMATION SYSTEM- Title VI of such Act,
  as amended by subsection (c), is amended by inserting after section 608
  the following new section:
`national stolen auto part information system
  `SEC. 609. (a) The Attorney General shall, within 9 months of the date of
  the enactment of the Anti Car Theft Act of 1992, maintain in the National
  Crime Information Center an information system containing the identification
  numbers of stolen passenger motor vehicles and stolen passenger motor
  vehicle parts. The Attorney General shall also consult with State and
  local law enforcement agencies in the establishment of such system. The
  Attorney General shall also consult with the National Crime Information
  Center Policy Advisory Board to ensure the security of the information
  in such system and that such system will not compromise the security of
  stolen vehicle and vehicle parts information in such information system.
  `(b) The Attorney General shall specify procedures by rule by which
  individuals or entities seeking to transfer a vehicle or vehicle parts may
  obtain a determination whether a part is listed in the system as stolen. If
  the Attorney General determines that the National Crime Information
  Center is not able to perform the functions of the information system
  required under subsection (a), the Attorney General shall enter into an
  agreement for the operation of such a system separate from the National
  Crime Information Center.
  `(c) The information system under subsection (a) shall, at a minimum,
  include the following information pertaining to each passenger motor
  vehicle reported to a law enforcement authority as stolen and not recovered:
  `(1) The vehicle identification number of such passenger motor vehicle.
  `(2) The make and model year of such passenger motor vehicle.
  `(3) The date on which the passenger motor vehicle was reported as stolen.
  `(4) The location of the law enforcement authority that received the
  reports of the passenger motor vehicle's theft.
  `(5) If the passenger motor vehicle at the time of its theft contained parts
  bearing identification numbers or the derivative thereof different from
  the vehicle identification number of the stolen passenger motor vehicle,
  the identification numbers of such parts.
  `(d) ADVISORY COMMITTEE-
  `(1) IN GENERAL- The National Stolen Auto Part Information System to be
  maintained under subsection (a) is to be developed by the Attorney General
  with the advice and recommendation of the advisory committee established
  under paragraph (2).
  `(2) ESTABLISHMENT- Not later than 60 days after the date of the enactment
  of this Act, the Attorney General shall establish in the Department of
  Justice and appoint an advisory committee with respect to the National
  Stolen Auto Part Information System to be maintained under subsection (a).
  `(3) MEMBERSHIP- The advisory committee established under paragraph (2)
  shall be composed of 10 members as follows:
  `(A) The Attorney General shall serve as the chairperson of the advisory
  committee.
  `(B) The Secretary of Transportation.
  `(C) One individual appointed by the Attorney General who is qualified to
  represent the interests of the law enforcement community at the State level.
  `(D) One individual appointed by the Attorney General who is qualified to
  represent the interests of the law enforcement community at the local level.
  `(E) One individual appointed by the Attorney General who is qualified to
  represent the interests of the automotive recycling industry.
  `(F) One individual appointed by the Attorney General who is qualified to
  represent the interests of the automotive repair industry.
  `(G) One individual appointed by the Attorney General who is qualified to
  represent the interests of the automotive rebuilders industry.
  `(H) One individual appointed by the Attorney General who is qualified to
  represent the interests of the automotive parts suppliers industry.
  `(I) One individual appointed by the Attorney General who is qualified to
  represent the interests of the insurance industry.
  `(J) One individual appointed by the Attorney General who is qualified to
  represent the interests of consumers.
  `(4) DUTIES- The advisory committee established under paragraph (2) shall
  make recommendations regarding--
  `(A) the development and implementation of the National Stolen Auto Part
  Information System, and
  `(B) the development and implementation of a verification system as required
  by section 607.
  `(5) REPORT- Not later than 6 months after the date of the enactment
  of the Anti Car Theft Act of 1992, the advisory committee established
  under paragraph (2) shall submit to the Attorney General, the Secretary
  of Transportation, and the Congress a report containing the committee's
  recommendations.'.
  `(e) Upon request by an insurance carrier, a person lawfully selling or
  distributing in interstate commerce passenger motor vehicle parts, or an
  individual or enterprise engaged in the business of repairing passenger motor
  vehicles, the Attorney General, or the entity or entities designated by the
  Attorney General, shall immediately provide such insurance carrier or person
  with a determination as to whether the information system under subsection
  (a) contains a record of an passenger motor vehicle or a passenger motor
  vehicle part bearing a particular vehicle identification number or derivative
  thereof having been reported stolen. The Attorney General may require such
  verification as the Attorney General deems appropriate to ensure that the
  request is legitimate and will not compromise the security of the system.
  `(f) There are authorized to be appropriated such sums as may be necessary to
  carry out this section. The information system established under subsection
  (a) shall be effective as provided in the rules promulgated by the Attorney
  General.'.
  (e) STUDY- Section 617 of the Motor Vehicle Information and Cost Savings
  Act (as so redesignated) is amended in subsection (a)(1) by striking
  `after the date of the enactment of this title' and in subsection (b)(1)
  by striking `after the promulgation of the standard required by this title'
  and inserting in each place `after the date of the enactment of the Anti
  Car Theft Act of 1992'.
TITLE IV--EXPORT OF STOLEN AUTOMOBILES
SEC. 401. RANDOM CUSTOMS INSPECTIONS FOR STOLEN AUTOMOBILES BEING EXPORTED.
  Part VI of title IV of the Tariff Act of 1930 is amended by inserting
  after section 646 the following new sections:
`SEC. 646A. RANDOM CUSTOMS INSPECTIONS FOR STOLEN AUTOMOBILES BEING EXPORTED.
  `The Commissioner of Customs shall direct customs officers to conduct at
  random inspections of automobiles, and of shipping containers that may
  contain automobiles that are being exported, for purposes of determining
  whether such automobiles were stolen.
`SEC. 646B. EXPORT REPORTING REQUIREMENT.
  `The Commissioner of Customs shall require all persons or entities exporting
  used automobiles, including automobiles exported for personal use, by
  air or ship to provide to the Customs Service, at least 72 hours before
  the export, the vehicle identification number of each such automobile and
  proof of ownership of such automobile. The Commissioner shall establish
  specific criteria for randomly selecting used automobiles scheduled to be
  exported, consistent with the risk of stolen automobiles being exported
  and shall check the vehicle identification number of each automobile
  selected pursuant to such criteria against the information in the National
  Crime Information Center to determine whether such automobile has been
  reported stolen. At the request of the Director of the Federal Bureau of
  Investigation, the Commissioner shall make available to the Director all
  vehicle identification numbers obtained under this section.'.
SEC. 402. PILOT STUDY AUTHORIZING UTILITY OF NONDESTRUCTIVE EXAMINATION SYSTEM.
  The Secretary of the Treasury, acting through the Commissioner of Customs,
  shall conduct a pilot study of the utility of a nondestructive examination
  system to be used for inspection of containers that may contain automobiles
  leaving the country for the purpose of determining whether such automobiles
  have been stolen.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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