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 Definition of catalytic converter
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 vehicle regulations relating to catalytic converters
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—
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;
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
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).
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.
in each of paragraphs (1) through (11)—
by inserting “The term” after the paragraph designation; 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
in the matter preceding paragraph (2) (as so redesignated), by striking “chapter—” and inserting the following: “chapter:
“(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” at the end;
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 associated regulations; 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 requiring catalytic converters on a vehicle line to be marked in accordance with sections 33101 through 33104, including associated regulations.
“(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)(1)) that is included in a database that is accessible by law enforcement.”
Sec. 4 Grant program for VIN stamping
Definitions— In this section:
Covered activity—
In general— The term covered activity, with respect to a motor vehicle, means die or pin stamping of an identification number described in subparagraph (B) on the outside of the catalytic converter in a conspicuous manner.
Identification number described— An identification number referred to in subparagraph (A) is—
the full vehicle identification number of the motor vehicle in which the catalytic converter was originally installed; or
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.
Stamping— For purposes of subparagraph (A), the term stamping means stamping—
in a typed (not handwritten) font; and
covered through the application of a coat of high-visibility, high-heat theft deterrence paint.
Eligible entity— The term eligible entity means—
a law enforcement agency;
an automobile dealer;
an owner or lessee of a centrally maintained vehicle fleet;
an automobile repair shop and service center; and
a nonprofit organization.
Secretary— The term Secretary means the Secretary of Transportation.
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.
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.
Requirement— A covered activity carried out with a grant awarded under this section shall be carried out at no cost to the owner of—
the motor vehicle being stamped; or
any motor vehicle otherwise receiving service from an eligible entity.
Priority— In awarding grants under this section, the Secretary shall give priority to—
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
eligible entities that are in possession of motor vehicles that are subject to the requirement described in section 3(b).
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.
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—
the total number of catalytic converters marked under the grant program; and
to the extent known, whether any catalytic converters marked under the grant program were stolen; and
the outcome of any criminal investigation relating to those thefts.
Funding—
Unobligated funding available— Of the unobligated amounts appropriated by the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 4), $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 in paragraph (1) may not be made available to carry out this section, there is authorized to be appropriated to carry out this section an amount equal to the remaining funding necessary to total $7,000,000.
Sec. 5 Requirements for purchase of catalytic converters and retention of seller information
Inclusion of catalytic converters— Section 33101(7) of title 49, United States Code (as redesignated by section 3(c)), is amended—
in subparagraph (K), by striking “and” after the semicolon at the end;
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”.
Retention of records— Section 33111 of the title 49, United States Code, is amended—
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) Definitions—In this subsection:
“(A) 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 a 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.
“(2) Requirement—A seller of motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle part—
“(A) the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and
“(B) the vehicle identification number of the motor vehicle on which the motor vehicle part was originally installed or the unique part identification number.
“(3) Duration of retention—A person shall retain the information described in paragraph (2) for a period of not less than 2 years.”
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 forms of payment—
In general— Any sale or purchase of a catalytic converter shall be made with a traceable form of payment, such as a check or a wire transfer.
Prohibition— It shall be unlawful to sell or purchase a catalytic converter for cash or a digital asset.
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 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
“(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 the person at the same time for an offense arising out of the same conduct.”
in the table of sections, by adding at the end 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:
“Precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation;”
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 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.”