II 

117TH CONGRESS 

1ST SESSION S. 2736 

To exclude vehicles to be used solely for competition from certain provisions 

of the Clean Air Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2021 

Mr. BURR (for himself, Mr. TESTER, Ms. ERNST, Mr. KELLY, Mr. TILLIS, 

and Mr. MANCHIN) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

A BILL 

To exclude vehicles to be used solely for competition from 

certain provisions of the Clean Air Act, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recognizing the Pro5 tection of Motorsports Act of 2021’’ or the ‘‘RPM Act of 

6 2021’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) PART OR COMPONENT.—The term ‘‘part or 

5 component’’ is within the meaning of the term in 

6 section 203 of the Clean Air Act (42 U.S.C. 7522). 

7 SEC. 3. EXEMPTION FROM ANTI-TAMPERING PROVISIONS. 

8 (a) IN GENERAL.—Section 203(a) of the Clean Air 

9 Act (42 U.S.C. 7522(a)) is amended by adding at the end 

10 the following: ‘‘No action with respect to any device or 

11 element of design described in paragraph (3) shall be 

12 treated as a prohibited act under that paragraph if the 

13 action is for the purpose of modifying a motor vehicle into 

14 a vehicle to be used solely for competition, and that vehicle 

15 is not authorized for operation on a street or highway.’’. 

16 (b) IMPLEMENTATION.—In implementing the amend17 ment made by subsection (a), the Administrator shall 

18 not— 

19 (1) create a Federal database, or identify or re20 quire the creation of a State database, of vehicle 

21 registration information that is required to be con22 sulted at the point of manufacture, sale, installation, 

23 or use of parts or components; and 


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1 (2) require the registration of a vehicle or a 

2 part or component of a vehicle by the manufacturer, 

3 seller, purchaser, installer, or user of the vehicle. 

4 SEC. 4. REGULATION. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator shall fi7 nalize a regulation to implement the amendment made by 

8 section 3(a). 

9 (b) REQUIREMENTS.—The regulation under sub10 section (a) shall— 

11 (1) describe reasonable conditions for the appli12 cability of the exemption under the amendment 

13 made by section 3(a) that are consistent with the re14 quirements described in section 3(b); 

15 (2) provide that evidence of physical attributes 

16 of a vehicle to be used solely for competition may be 

17 sufficient to qualify for the exemption under the 

18 amendment made by section 3(a); and 

19 (3) provide that a manufacturer, seller, or in20 staller of a part or component seeking to use the ex21 emption under the amendment made by section 3(a) 

22 may not rely solely on unsupported declarations 

23 from the purchaser or owner of a vehicle about— 

24 (A) the legal status of the vehicle; or 

25 (B) the intended use of— 


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1 (i) the part or component; or 

2 (ii) the vehicle. 

3 SEC. 5. EFFECTIVE DATE. 

4 Section 3, including the amendment made by section 

5 3(a), takes effect on the date of enactment of this Act, 

6 without regard to whether a final regulation has been pro7 mulgated under section 4. 

Æ 


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