What This Bill Does
This bill creates requirements for marking catalytic converters with vehicle identification numbers to prevent theft. It establishes a grant program to help organizations stamp catalytic converters for free. The bill also makes it illegal to steal catalytic converters or sell stolen ones, and requires sellers of catalytic converters to keep records about who buys them.
##
Who It Affects
- Car owners with catalytic converters
- Law enforcement agencies
- Auto dealers and repair shops
- Nonprofit organizations
- People who buy or sell catalytic converters
- Recyclers and people who dismantle vehicles
- The Department of Transportation
- The Attorney General's office
##
Key Provisions
- The National Highway Traffic Safety Administration must create rules within 180 days requiring catalytic converters to be marked with vehicle identification numbers using die stamping and special paint (Sec. 2)
- A grant program will provide money to law enforcement, dealers, repair shops and nonprofits to stamp catalytic converters at no cost to vehicle owners (Sec. 3(b))
- Sellers of catalytic converters containing precious metals must provide buyers with their name, address, phone number, photo ID copy, and vehicle information, and keep these records for at least 2 years (Sec. 4(b))
- It becomes illegal to sell or buy catalytic converters that are partial, de-canned (stripped of outer material), or have identifying marks removed or tampered with (Sec. 4(c))
- People who steal catalytic converters or knowingly buy stolen ones can be fined and imprisoned for up to 5 years (Sec. 5)
##
What Changes
If this bill becomes law, catalytic converters will need vehicle identification numbers stamped on them. Organizations in areas with high catalytic converter theft rates can get grants to stamp converters for free. People selling catalytic converters will have to keep detailed records about buyers. Stealing catalytic converters becomes a specific federal crime with penalties of up to 5 years in prison and fines.
##
Important Definitions
- **Catalytic converter**: Not defined in the bill text
- **Precious metals**: Has the meaning in section 109-27.5101 of title 41, Code of Federal Regulations (specific government regulations not included in this bill)
- **Covered activity**: Die or pin stamping of the full vehicle identification number on the outside of a catalytic converter in a typed font and covered with high-visibility, high-heat theft deterrence paint (Sec. 3(a))
- **Chop shop**: A building or location where people take apart, hide, or process stolen vehicles or vehicle parts, including extracting precious metals, to sell them (Sec. 5(d))
##
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 154
To prevent the theft of catalytic converters and other precious metal car
parts, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 30, 2023
Ms. KLOBUCHAR (for herself, Mr. BRAUN, Mr. WYDEN, and Mr. VANCE) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Commerce, Science, and Transportation
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 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 ‘‘Preventing Auto Recy-
4
cling Theft Act’’ or the ‘‘PART Act’’.
5
SEC. 2. REQUIREMENTS FOR NEW MOTOR VEHICLE REGU-
6
LATIONS
RELATING
TO
CATALYTIC
CON-
7
VERTERS.
8
(a) IN GENERAL.—Not later than 180 days after the
9
date of enactment of this Act, the Administrator of the
10
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•S 154 IS
National Highway Traffic Safety Administration (referred
1
to in this section as the ‘‘Administrator’’) shall—
2
(1) issue a notice of proposed rulemaking to re-
3
vise the motor vehicle theft prevention standard con-
4
tained in section 541.5 of title 49, Code of Federal
5
Regulations (or a successor regulation), to include
6
catalytic converters among the parts specified in
7
subsection (a) of that section;
8
(2) issue a notice of proposed rulemaking to re-
9
vise part 543 of title 49, Code of Federal Regula-
10
tions (or successor regulations), to require that, not-
11
withstanding the granting of a petition under that
12
part, all catalytic converters be marked in accord-
13
ance with section 541.5 of that title (as revised pur-
14
suant to paragraph (1)); and
15
(3) update other regulations, as necessary, to
16
ensure that, with respect to catalytic converters, the
17
requirements of section 541.5 and part 543 of title
18
49, Code of Federal Regulations (as revised in ac-
19
cordance with paragraphs (1) and (2), respectively),
20
apply to any vehicle covered by part 565 of that title
21
(or successor regulations).
22
(b) APPLICATION.—Notwithstanding any provision of
23
chapter 331 of title 49, United States Code, in the case
24
of a vehicle described in section 565.2 of title 49, Code
25
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•S 154 IS
of Federal Regulations (or a successor regulation), that
1
has not been sold to the first purchaser (as defined in sec-
2
tion 33101 of title 49, United States Code), the require-
3
ments added to section 541.5 of title 49, Code of Federal
4
Regulations (or a successor regulation), by the Adminis-
5
trator in accordance with paragraph (1) of subsection (a)
6
shall apply to the vehicle beginning on the date that is
7
180 days after the date on which the Administrator makes
8
the revisions and updates required by that subsection, re-
9
gardless of the model year of the vehicle or the date on
10
which the vehicle is manufactured.
11
(c) MARKING
OF CATALYTIC CONVERTERS NOT-
12
WITHSTANDING AN EXEMPTION.—Section 33106 of title
13
49, United States Code, is amended—
14
(1) in subsection (c)—
15
(A) in paragraph (2), by striking ‘‘and’’ at
16
the end;
17
(B) by redesignating paragraph (3) as
18
paragraph (4); and
19
(C) by inserting after paragraph (2) the
20
following:
21
‘‘(3) a certification that the catalytic converter
22
will be marked in accordance with sections 33101
23
through 33104, including associated regulations;
24
and’’; and
25
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•S 154 IS
(2) by adding at the end the following:
1
‘‘(f) REQUIREMENTS FOR MARKING CATALYTIC CON-
2
VERTERS.—The Administrator of the National Highway
3
Traffic Safety Administration shall promulgate regula-
4
tions requiring catalytic converters on a vehicle line to be
5
marked in accordance with sections 33101 through 33104,
6
including associated regulations.’’.
7
SEC. 3. GRANT PROGRAM FOR VIN STAMPING.
8
(a) DEFINITIONS.—In this section:
9
(1) COVERED ACTIVITY.—
10
(A) IN GENERAL.—The term ‘‘covered ac-
11
tivity’’, with respect to a motor vehicle, means
12
die or pin stamping of the full vehicle identifica-
13
tion number on the outside of the catalytic con-
14
verter in a conspicuous manner.
15
(B) STAMPING.—For purposes of subpara-
16
graph (A), the term ‘‘stamping’’ means stamp-
17
ing—
18
(i) in a typed (not handwritten) font;
19
and
20
(ii) covered through the application of
21
a coat of high-visibility, high-heat theft de-
22
terrence paint.
23
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
24
ty’’ means—
25
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•S 154 IS
(A) a law enforcement agency;
1
(B) an automobile dealer;
2
(C) an automobile repair shop and service
3
center; and
4
(D) a nonprofit organization.
5
(3) SECRETARY.—The term ‘‘Secretary’’ means
6
the Secretary of Transportation.
7
(b) ESTABLISHMENT.—Not later than 180 days after
8
the date of enactment of this Act, the Secretary shall es-
9
tablish a program to provide grants to eligible entities to
10
carry out covered activities (excluding wages) relating to
11
catalytic converters.
12
(c) APPLICATION.—To be eligible to receive a grant
13
under this section, an eligible entity shall submit to the
14
Secretary an application at such time, in such manner,
15
and containing such information as the Secretary may re-
16
quire.
17
(d) REQUIREMENT.—A covered activity carried out
18
with a grant awarded under this section shall be carried
19
out at no cost to the owner of—
20
(1) the motor vehicle being stamped; or
21
(2) any motor vehicle otherwise receiving serv-
22
ice from an eligible entity.
23
(e) PRIORITY.—In awarding grants under this sec-
24
tion, the Secretary shall give priority to—
25
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•S 154 IS
(1) eligible entities operating in areas with the
1
highest need for covered activities, including the
2
areas with the highest rates of catalytic converter
3
theft, as determined by the Secretary; and
4
(2) eligible entities that are in possession of
5
motor vehicles that are subject to the requirement
6
described in section 2(b).
7
(f) PROCEDURES FOR MARKING.—In carrying out
8
the grant program under this section, the Secretary shall
9
issue such regulations as are necessary to establish proce-
10
dures to mark catalytic converters of vehicles most likely
11
to be targeted for theft with unique identification numbers
12
using a combination of die or pin stamping and high-visi-
13
bility, high-heat theft deterrence paint without damaging
14
the function of the catalytic converter.
15
(g) ANNUAL REPORT.—Not later than 1 year after
16
the date of enactment of this Act, and annually thereafter
17
for 10 years, the Secretary shall submit to Congress a re-
18
port on the grant program established under subsection
19
(b) that includes a description of the progress, results, and
20
any findings of the grant program, including—
21
(1) the total number of catalytic converters
22
marked under the grant program; and
23
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•S 154 IS
(2)(A) to the extent known, whether any cata-
1
lytic converters marked under the grant program
2
were stolen; and
3
(B) the outcome of any criminal investigation
4
relating to those thefts.
5
(h) FUNDING.—
6
(1) UNOBLIGATED
FUNDING
AVAILABLE.—Of
7
the unobligated amounts appropriated by the Amer-
8
ican Rescue Plan Act of 2021 (Public Law 117–2;
9
135 Stat. 4), $7,000,000 shall be made available to
10
carry out this section.
11
(2) AUTHORIZATION OF APPROPRIATIONS.—In
12
the event that the total of $7,000,000 of the funds
13
described in paragraph (1) may not be made avail-
14
able to carry out this section, there is authorized to
15
be appropriated to carry out this section an amount
16
equal to the remaining funding necessary to total
17
$7,000,000.
18
SEC. 4. REQUIREMENTS FOR PURCHASE OF CATALYTIC
19
CONVERTERS AND RETENTION OF SELLER
20
INFORMATION.
21
(a) INCLUSION OF CATALYTIC CONVERTERS.—Sec-
22
tion 33101(6) of title 49, United States Code, is amend-
23
ed—
24
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•S 154 IS
(1) in subparagraph (K), by striking ‘‘and’’
1
after the semicolon at the end;
2
(2) by redesignating subparagraph (L) as sub-
3
paragraph (M);
4
(3) by inserting after subparagraph (K) the fol-
5
lowing:
6
‘‘(L) the catalytic converter; and’’; and
7
(4) in subparagraph (M) (as so redesignated),
8
by striking ‘‘subclauses (A)–(K) of this clause’’ and
9
inserting ‘‘subparagraphs (A) through (L) of this
10
paragraph’’.
11
(b) RETENTION OF RECORDS.—Section 33111 of the
12
title 49, United States Code, is amended—
13
(1) in subsection (a), in the subsection heading,
14
by striking ‘‘GENERAL REQUIREMENTS’’ and insert-
15
ing ‘‘PROHIBITIONS RELATED TO SELLING MOTOR
16
VEHICLE PARTS’’;
17
(2) by redesignating subsections (b) and (c) as
18
subsections (c) and (d), respectively; and
19
(3) by inserting after subsection (a) the fol-
20
lowing:
21
‘‘(b) RETENTION OF RECORDS.—
22
‘‘(1) DEFINITION
OF
PRECIOUS
METALS.—In
23
this subsection, the term ‘precious metals’ has the
24
meaning given the term in section 109–27.5101 of
25
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•S 154 IS
title 41, Code of Federal Regulations (or a successor
1
regulation).
2
‘‘(2) REQUIREMENT.—A seller of motor vehicles
3
or motor vehicle parts that contain precious metals,
4
including a person engaged in the business of sal-
5
vaging, dismantling, recycling, or repairing motor
6
vehicles or motor vehicle parts that contain precious
7
metals, shall provide to a purchaser on the sale of
8
the motor vehicle or motor vehicle part, as applica-
9
ble—
10
‘‘(A) the name, address, telephone number,
11
and a photocopy of a government-issued identi-
12
fication of the seller; and
13
‘‘(B) the make, model, vehicle identifica-
14
tion number, date of purchase, and a descrip-
15
tion of the motor vehicle or, with respect to a
16
motor vehicle part, a description of the motor
17
vehicle from which the part was removed.
18
‘‘(3) DURATION
OF
RETENTION.—A person
19
shall retain the information described in paragraph
20
(2) for a period of not less than 2 years.’’.
21
(c) PROHIBITION ON SALE OF PARTIAL CATALYTIC
22
CONVERTERS.—It shall be unlawful to sell or purchase
23
any—
24
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•S 154 IS
(1) partial or de-canned catalytic converter
1
parts; or
2
(2) catalytic converter which has had identi-
3
fying markings removed or otherwise tampered with.
4
(d) REGULATIONS.—The Attorney General shall pre-
5
scribe regulations to carry out this section and the amend-
6
ments made by this section, including the enforcement and
7
penalties that apply to a violation of this section and the
8
amendments made by this section.
9
SEC. 5. CRIMINAL PENALTIES.
10
(a) THEFT OF CATALYTIC CONVERTERS.—Chapter
11
31 of title 18, United States Code, is amended—
12
(1) by adding at the end the following:
13
‘‘§ 671. Theft of catalytic converters
14
‘‘(a) DEFINITION.—In this section, the term ‘pre-
15
cious metals’ has the meaning given the term in section
16
109–27.5101 of title 41, Code of Federal Regulations, or
17
any successor regulation.
18
‘‘(b) OFFENSE.—It shall be unlawful to steal or
19
knowingly and unlawfully take, carry away, or conceal a
20
catalytic converter from another person’s motor vehicle,
21
or knowingly purchase such a catalytic converter, with the
22
intent to distribute, sell, or dispose of the catalytic con-
23
verter or any precious metal removed therefrom in inter-
24
state or foreign commerce.
25
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•S 154 IS
‘‘(c) PENALTY.—Any person who violates subsection
1
(b) shall be fined under this title, imprisoned not more
2
than 5 years, or both.’’; and
3
(2) in the table of sections, by adding at the
4
end the following:
5
‘‘671. Theft of catalytic converters.’’.
(b) DEFINITIONS.—Section 2311 of title 18, United
6
States Code, is amended by inserting after ‘‘for running
7
on land but not on rails;’’ the following:
8
‘‘ ‘Precious metals’ has the meaning given the term
9
in section 109–27.5101 of title 41, Code of Federal Regu-
10
lations, or any successor regulation;’’.
11
(c) TRAFFICKING IN CAR PARTS CONTAINING PRE-
12
CIOUS METALS.—Section 2321 of title 18, United States
13
Code, is amended by adding at the end the following:
14
‘‘(d) TRAFFICKING IN MOTOR VEHICLE PARTS CON-
15
TAINING PRECIOUS METALS.—
16
‘‘(1) OFFENSE.—It shall be unlawful to buy, re-
17
ceive, possess, or obtain control of, with intent to sell
18
or otherwise dispose of, a catalytic converter (includ-
19
ing a de-canned catalytic converter), knowing that
20
the catalytic converter has been stolen.
21
‘‘(2) PENALTY.—Any person who violates para-
22
graph (1) shall be fined under this title, imprisoned
23
not more than 5 years, or both.’’.
24
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•S 154 IS
(d) CHOP SHOPS.—Section 2322(b) of title 18,
1
United States Code, is amended to read as follows:
2
‘‘(b) DEFINITION.—For purposes of this section, the
3
term ‘chop shop’ means any building, lot, facility, or other
4
structure or premise where 1 or more persons engage in
5
receiving, concealing, destroying, disassembling, disman-
6
tling, reassembling, or storing any motor vehicle or motor
7
vehicle part that has been unlawfully obtained in order to
8
alter, counterfeit, deface, destroy, disguise, falsify, forge,
9
obliterate, extract any precious metal therefrom, or re-
10
move the identity, including the vehicle identification num-
11
ber or derivative thereof, or o
[Text truncated for display. Full text available on Congress.gov.]