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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6394 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6394

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2022

  Mr. Baird introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 the Judiciary, and Transportation and Infrastructure, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 VEHICLES RELATING TO CATALYTIC 
              CONVERTERS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the National Highway Traffic Safety 
Administration shall--
            (1) revise the motor vehicle theft prevention standard in 
        section 541.5 of title 49, Code of Federal Regulations, to 
        include catalytic converters among the parts specified in 
        subsection (a) of such section; and
            (2) update such regulations as are necessary to ensure that 
        the requirements added by paragraph (1) apply to any vehicle 
        covered by part 565 of such title.
    (b) Applicability.--Notwithstanding any provision of chapter 331 of 
title 49, United States Code, in the case of a vehicle described in 
paragraph (2) of subsection (a) that has not been sold to the first 
purchaser (as defined in section 33101 of such title), the requirements 
added by paragraph (1) of such subsection shall apply to the vehicle 
beginning on the date that is 6 months after the Secretary makes the 
revision and updates required by such subsection, regardless of the 
model year of the vehicle or the date on which the vehicle is 
manufactured.

SEC. 3. GRANT PROGRAM FOR VIN STAMPING.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a program to provide grants to eligible entities to carry out covered 
activities, excluding wages, related to catalytic converters.
    (b) Application.--To be eligible for a grant under this section, an 
eligible entity shall submit an application at such time, in such 
manner, and containing such information as the Secretary may require.
    (c) Eligible Entities.--In this section, eligible entities shall 
be--
            (1) law enforcement agencies;
            (2) automobile dealers;
            (3) automobile repair shops and service centers; and
            (4) nonprofit organizations.
    (d) Covered Activities.--Covered activities under this section 
include a die or pin stamping of the full vehicle identification number 
onto the outside of the catalytic converter in a conspicuous manner on 
motor vehicles. Such stamping shall be--
            (1) in a typed font and not handwritten; and
            (2) covered by applying a coat of high-visibility, high-
        heat theft deterrence paint.
    (e) Requirement.--Any covered activity carried out under this 
section shall be carried out at no cost to the owner of the vehicle 
being stamped on any vehicle otherwise receiving service from the 
eligible entity.
    (f) Prioritization.--In making grants under this section, the 
Secretary shall prioritize--
            (1) eligible entities operating in the areas with the 
        highest need for covered activities, including the areas with 
        the highest rates of catalytic converter theft; and
            (2) eligible entities that are in possession of motor 
        vehicles that are subject to the prohibition under section 
        1(b).
    (g) Procedures for Marking.--In carrying out the program 
established under subsection (a), 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 such converter.
    (h) 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 program established 
under subsection (a) that includes a description of the progress, 
results, and any findings of the program, including the total number of 
catalytic converters marked under the program and, to the extent known, 
whether any catalytic converters marked under the program were stolen 
and the outcome of any criminal investigation into the threats.
    (i) Funding.--
            (1) Unobligated funding available.--Of the unobligated 
        balances appropriated by the American Rescue Plan Act of 2021, 
        $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 under paragraph (1) 
        may not be made available to carry out this section, there are 
        authorized to be appropriated to carry out this section an 
        amount equal to the remaining funding necessary to total 
        $7,000,000.

SEC. 4. REQUIREMENTS FOR PURCHASE OF CATALYTIC CONVERTERS AND RETENTION 
              OF SELLER INFORMATION.

    (a) Inclusion of Catalytic Converters.--Section 33101(6) of the 
title 49, United States Code, is amended--
            (1) in subparagraph (K), by striking ``and'';
            (2) in subparagraph (L), by striking ``(K)'' and inserting 
        ``(L)'';
            (3) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (4) by inserting after subparagraph (K), the following:
                    ``(L) the catalytic converter; and''.
    (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) Requirement.--A person engaged in the business of 
        salvaging, dismantling, recycling, or repairing motor vehicles 
        or motor vehicle parts that contain precious metals shall 
        retain the records of any seller of motor vehicle parts that 
        sells such a part to such person, including--
                    ``(A) the seller's name, address, thumbprint, 
                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 purchased.
            ``(2) Duration of retention.--Such person shall retain such 
        information for a period of not less than two years.
            ``(3) Definition.--For purposes of paragraph (1), the term 
        `precious metals' has the meaning given such term in section 
        109-27.5101 of title 41, Code of Federal Regulations.''.
    (c) Prohibition on Sale of Partial Catalytic Converters.--It shall 
be unlawful to sell or purchase any partial or de-canned catalytic 
converter parts or any 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
    ``Whoever steals or knowingly and unlawfully takes, carries away, 
or conceals a catalytic converter from another person's motor vehicle, 
or knowingly purchases such a catalytic converter, with the intent to 
distribute, sell, or dispose of such catalytic converter or any 
precious metal removed therefrom in interstate or foreign commerce 
shall be fined under this title or imprisoned not more than 5 years, or 
both. For purposes of this section, the term `precious metals' has the 
meaning given such term in section 109-27.5101 of title 41, Code of 
Federal Regulations.''; 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 such term in 
        section 109-27.5101 of title 41, Code of Federal 
        Regulations;''.
    (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.--Whoever buys, receives, possesses, or obtains control of, with 
intent to sell or otherwise dispose of, a catalytic converter 
(including a de-canned catalytic converter), knowing the same to have 
been stolen, shall be fined under this title or 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 one or more persons engage in receiving, concealing, destroying, 
disassembling, dismantling, reassembling, or storing any motor vehicle 
or motor vehicle part which 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 such vehicle or vehicle 
part and to distribute, sell, or dispose of such vehicle, or vehicle 
part, or precious metal extracted from such vehicle part, in interstate 
or foreign commerce.''.
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