```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5024 Introduced in Senate (IS)]

<DOC>

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.''.
                                 <all>
```