HR5221-119

1. Short title This Act may be cited as the Preventing Auto Recycling Theft Act or the PART Act.

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.

3. Requirements for new motor vehicles relating to catalytic converters 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. 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. 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. 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: 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. 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: 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: 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. 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. (1)Catalytic converterThe 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.. (3)a certification that the catalytic converter will be marked in accordance with sections 33101 through 33104, including any associated regulation; and; and (f)Requirements for marking catalytic converters(1)In generalThe 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 numbersIn 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..

5. Requirements for purchase of catalytic converters and retention of seller information 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: 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. Section 33111 of 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: 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: The name, address, telephone number, and a photocopy of a government-issued identification of the seller. With regard to the motor vehicle or motor vehicle from which the parts came, the following: The make. The model. 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. The date of purchase. Such person shall retain such information for a period of at least two years. In this subsection: 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. The term unique part identification number, with respect to a motor vehicle part, means a unique part identification number that— is marked, etched, or engraved on the motor vehicle part; and is tied directly to the vehicle identification number of the vehicle on which the part was originally installed. It shall be unlawful to sell or purchase any catalytic converter which has had identifying markings removed or otherwise tampered with. Any purchase or sale of a catalytic converter shall be made with a traceable form of payment, including check and wire transfer. It shall be unlawful to sell or purchase any catalytic converter for cash or cryptocurrency. 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. (L)the catalytic converter; and; and (b)Retention of records(1)RequirementA 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 retentionSuch person shall retain such information for a period of at least two years.(3)DefinitionsIn this subsection:(A)Precious metalsThe 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 numberThe 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..

6. Criminal penalties Chapter 31 of title 18, United States Code, is amended— by adding at the end the following: In this section: 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. 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. 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. Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. 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: 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;”. Section 2321 of title 18, United States Code, is amended by adding at the end the following: In this subsection, 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. 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. Subject to subparagraph (B), any person who violates paragraph (2) shall be fined under this title, imprisoned not more than 5 years, or both. 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. Section 2322(b) of title 18, United States Code, is amended to read as follows: 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. 671.Theft of catalytic converters(a)DefinitionsIn this section:(1)Catalytic converterThe 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 metalsThe 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)OffenseIt 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 generalAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.(2)Concurrent sentencesAny 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.; and 671. Theft of catalytic converters.. ‘Precious metals’ has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation;”.. (d)Trafficking in motor vehicle parts containing precious metals(1)Definition of catalytic converterIn 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)OffenseIt 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 generalSubject 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 sentencesAny 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.. (b)DefinitionFor 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..

671. Theft of catalytic converters In this section: 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. 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. 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. Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. 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.