S154-118

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

2. Requirements for new motor vehicle regulations relating to catalytic converters 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). 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. 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: 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: 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. (3)a certification that the catalytic converter will be marked in accordance with sections 33101 through 33104, including associated regulations; and; and (f)Requirements for marking catalytic convertersThe 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..

4. Requirements for purchase of catalytic converters and retention of seller information Section 33101(6) of title 49, United States Code, 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: 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 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: In this subsection, 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). A seller of motor vehicles or motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicles or motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle or motor vehicle part, as applicable— the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and the make, model, vehicle identification number, date of purchase, and a description of the motor vehicle or, with respect to a motor vehicle part, a description of the motor vehicle from which the part was removed. A person shall retain the information described in paragraph (2) for a period of not less than 2 years. It shall be unlawful to sell or purchase any— partial or de-canned catalytic converter parts; or catalytic converter which has had identifying markings removed or otherwise tampered with. 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)Definition of precious metalsIn this subsection, 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). (2)RequirementA seller of motor vehicles or motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicles or motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle or motor vehicle part, as applicable—(A)the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and(B)the make, model, vehicle identification number, date of purchase, and a description of the motor vehicle or, with respect to a motor vehicle part, a description of the motor vehicle from which the part was removed.(3)Duration of retentionA person shall retain the information described in paragraph (2) for a period of not less than 2 years..

5. Criminal penalties Chapter 31 of title 18, United States Code, is amended— by adding at the end the following: In this section, 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 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. Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. in the table of sections, by adding at the end 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: It shall be unlawful to buy, receive, possess, or obtain control of, with intent to sell or otherwise dispose of, a catalytic converter (including a de-canned catalytic converter), knowing that the catalytic converter has been stolen. Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. 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 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. 671.Theft of catalytic converters(a)DefinitionIn this section, 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)OffenseIt 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)PenaltyAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.; 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)OffenseIt shall be unlawful to buy, receive, possess, or obtain control of, with intent to sell or otherwise dispose of, a catalytic converter (including a de-canned catalytic converter), knowing that the catalytic converter has been stolen.(2)PenaltyAny person who violates paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both.. (b)DefinitionFor 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..

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