RPM Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2602 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 OCTOBER 16, 2019 Mr. BURR (for himself, Mr. MANCHIN, Mr. TILLIS, Mr. GRAHAM, Mr. RISCH, Mrs. CAPITO, Mrs. FISCHER, Mr. SCOTT of South Carolina, Mr. BRAUN, Mr. BARRASSO, Mr. INHOFE, Mr. GARDNER, Mr. JOHNSON, Mr. CRAPO, Mr. CRUZ, Mr. TESTER, Mr. JONES, Ms. SINEMA, Mr. YOUNG, Mr. BOOZMAN, Mr. MORAN, Mr. SULLIVAN, Mr. RUBIO, Mr. CRAMER, Ms. BALDWIN, and Mr. ROUNDS) 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Recognizing the Pro- 4 tection of Motorsports Act of 2019’’ or the ‘‘RPM Act of 5 2019’’. 6 VerDate Sep 11 2014 01:18 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2602.IS S2602 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2602 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Environ- 4 mental Protection Agency. 5 (2) PART OR COMPONENT.—The term ‘‘part or 6 component’’ is within the meaning of the term in 7 section 203 of the Clean Air Act (42 U.S.C. 7522). 8 SEC. 3. EXEMPTION FROM ANTI-TAMPERING PROVISIONS. 9 (a) IN GENERAL.—Section 203(a) of the Clean Air 10 Act (42 U.S.C. 7522(a)) is amended by adding at the end 11 the following: ‘‘No action with respect to any device or 12 element of design described in paragraph (3) shall be 13 treated as a prohibited act under that paragraph if the 14 action is for the purpose of modifying a motor vehicle into 15 a vehicle to be used solely for competition, and that vehicle 16 is not authorized for operation on a street or highway.’’. 17 (b) IMPLEMENTATION.—In implementing the amend- 18 ment made by subsection (a), the Administrator shall 19 not— 20 (1) create a Federal database, or identify or re- 21 quire the creation of a State database, of vehicle 22 registration information that is required to be con- 23 sulted at the point of manufacture, sale, installation, 24 or use of parts or components; and 25 VerDate Sep 11 2014 01:18 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2602.IS S2602 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2602 IS (2) require the registration of a vehicle or a 1 part or component of a vehicle by the manufacturer, 2 seller, purchaser, installer, or user of the vehicle. 3 SEC. 4. REGULATION. 4 (a) IN GENERAL.—Not later than 1 year after the 5 date of enactment of this Act, the Administrator shall fi- 6 nalize a regulation to implement the amendment made by 7 section 3(a). 8 (b) REQUIREMENTS.—The regulation under sub- 9 section (a) shall— 10 (1) describe reasonable conditions for the appli- 11 cability of the exemption under the amendment 12 made by section 3(a) that are consistent with the re- 13 quirements described in section 3(b); 14 (2) provide that evidence of physical attributes 15 of a vehicle to be used solely for competition may be 16 sufficient to qualify for the exemption under the 17 amendment made by section 3(a); and 18 (3) provide that a manufacturer, seller, or in- 19 staller of a part or component seeking to use the ex- 20 emption under the amendment made by section 3(a) 21 may not rely solely on unsupported declarations 22 from the purchaser or owner of a vehicle about— 23 (A) the legal status of the vehicle; or 24 (B) the intended use of— 25 VerDate Sep 11 2014 01:18 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2602.IS S2602 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2602 IS (i) the part or component; or 1 (ii) the vehicle. 2 SEC. 5. EFFECTIVE DATE. 3 Section 3, including the amendment made by section 4 3(a), takes effect on the date of enactment of this Act, 5 without regard to whether a final regulation has been pro- 6 mulgated under section 4. 7 Æ VerDate Sep 11 2014 01:18 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2602.IS S2602 pamtmann on DSKBC07HB2PROD with BILLS