Section 1 Short title
This Act may be cited as the “Preventing Auto Recycling Theft Act” or the “PART Act”.
Preventing Auto Recycling Theft Act
A BILL
To prevent the theft of catalytic converters and other precious metal car parts, and for other purposes.
Sec. 2 Catalytic converter defined
In this Act, the term catalytic converter means any of the following:
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 (CO2) and water (H2O).
A diesel oxidation catalyst.
A diesel particulate filter.
Sec. 3 Requirements for new motor vehicles relating to catalytic converters
In general— Not later than 180 days after the date of the enactment of this Act, the National Highway Traffic Safety Administration shall—
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
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.
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.
Compliance— The identifying number affixed or inscribed required for catalytic converters under the revision described in subsection (a)(1) may include a unique part identification number that is included in a database that—
is accessible by law enforcement; and
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.
Amendments To add definition of catalytic converter— Section 33101 of title 49, United States Code, is amended—
in the matter preceding paragraph (1), by striking “In this chapter—” and inserting “In this chapter:”;
in each of paragraphs (1) through (11)—
by inserting “The Term” after the enumerator; and
by adding a paragraph heading the text of which comprises the term defined in the paragraph;
by redesignating paragraphs (1) through (11) as paragraphs (2) through (12), respectively; and
by inserting before paragraph (2) (as so redesignated) the following:
“(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 (CO2) and water (H2O).
“(B) A diesel oxidation catalyst.
“(C) A diesel particulate filter.”
Marking of catalytic converters notwithstanding an exemption— Section 33106 of title 49, United States Code, is amended—
in subsection (c)—
in paragraph (2), by striking “; and” and inserting a semicolon;
by redesignating paragraph (3) as paragraph (4); and
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 any associated regulation; and”
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 that require a catalytic converter on a vehicle line to be marked conspicuously in accordance with sections 33101 through 33104, including any associated regulation.
“(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)(3)) that is included in a database that is accessible by law enforcement and that allows for the retrieval of the full vehicle identification number.”
Sec. 4 Grant program for VIN stamping
In general— Not later than 180 days after the date of the 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.
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.
Eligible entities— In this section, eligible entities are the following:
Law enforcement agencies.
Automobile dealers.
Owners and lessees of centrally maintained vehicle fleets.
Automobile repair shops and service centers.
Nonprofit organizations.
Covered activities— Grant funds provided under this section may be used for equipment and materials necessary to carry out die or pin stamping of either the full vehicle identification number or a unique part identification number in a law enforcement accessible database that allows for the retrieval of the full vehicle identification number onto the outside of the catalytic converter in a conspicuous manner on motor vehicles. Such stamping shall be—
in a typed font and not handwritten; and
covered by applying a coat of high-visibility, high-heat theft deterrence paint.
Requirement— In carrying out the program under subsection (a), the Secretary shall ensure that each recipient of a grant is able to provide die or pin stamping services described in subsection (d) to the public.
Prioritization— In making grants under this section, the Secretary shall prioritize—
eligible entities operating in the areas with the highest need for die or pin stamping described in subsection (d), including the areas with the highest rates of catalytic converter theft; and
eligible entities that are in possession of motor vehicles that are subject to section 3(b).
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.
Annual report— Not later than 1 year after the date of the 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.
Funding—
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.
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.
Centrally maintained vehicle fleet defined— In this section, the term centrally maintained vehicle fleet means a group of vehicles for which each aspect of management, including maintenance, repair, fuel management, and vehicle acquisition, is overseen and controlled by a single entity.
Sec. 5 Requirements for purchase of catalytic converters and retention of seller information
Inclusion of catalytic converters— Paragraph (7) of section 33101 of title 49, United States Code (as redesignated by section 3(d)), is amended—
in subparagraph (K), by striking “; and” and inserting a semicolon;
by redesignating subparagraph (L) as subparagraph (M);
by inserting after subparagraph (K), the following:
“(L) the catalytic converter; and”
in subparagraph (M), as so redesignated, by striking “subclauses (A)–(K) of this clause” and inserting “subparagraphs (A) through (L) of this paragraph”.
in subsection (a), in the subsection heading, by striking “General requirements” and inserting “Prohibitions related to selling motor vehicle parts”;
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
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 the following:
“(A) The name, address, telephone number, and a photocopy of a government-issued identification of the seller.
“(B) With regard to the motor vehicle or motor vehicle from which the parts came, the following:
“(i) The make.
“(ii) The model.
“(iii) The vehicle identification number or a unique part identification number marked, etched, or engraved on the converter that can be tied directly to the vehicle identification number of the vehicle.
“(iv) The date of purchase.
“(2) Duration of retention—Such person shall retain such information for a period of at least two years.
“(3) Definitions—In this subsection:
“(A) Precious metals—The term precious metals has the meaning given such term in section 109–27.5101 of title 41, Code of Federal Regulations, or any 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.”
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.
Traceable form of payment—
In general— Any purchase or sale of a catalytic converter shall be made with a traceable form of payment, including check and wire transfer.
Prohibition— It shall be unlawful to sell or purchase any catalytic converter for cash or cryptocurrency.
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
Theft of catalytic converters— Chapter 31 of title 18, United States Code, is amended—
by adding at the end the following:
“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 (CO2) and water (H2O).
“(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 the motor vehicle of another person, or knowingly purchase such 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 a person at the same time for an offense arising out of the same conduct.”
in the table of sections for such chapter, by adding at the end of the following:
Definitions— Section 2311 of title 18, United States Code, is amended by inserting after “for running on land but not on rails;” the following:
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 (CO2) and water (H2O).
“(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.”
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 that has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, extract any precious metal therefrom, or remove the identify, 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.”