,,ii #aaith ,,congress #ast ,session ,s4 #bbch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjbe,ms4 ,klobuchar 7for herself and ,mr4 ,moreno7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent the theft of catalytic converters and other precious metal car parts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,auto ,recycling ,theft ,act or the ,,part ,act4 #b4 ,definition of catalytic converter ,in this ,act1 the term catalytic converter means any of the following3 7#a7 ,any device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon 7,,hc7 and carbon monoxide 7,,co7 emissions to carbon dioxide 7,,co#b7 and water 7,h#b,o74 7#b7 ,a diesel oxidation catalyst4 7#c7 ,a diesel particulate filter4 #c4 ,requirements for new motor vehicle regulations relating to catalytic converters 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration 7referred to in this section as the ,administrator7 shall-- 7#a7 issue a notice of proposed rulemaking to revise the motor vehicle theft prevention standard contained in section #eda4e of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 to include catalytic converters among the parts specified in subsection 7a7 of that section2 7#b7 issue a notice of proposed rulemaking to revise part #edc of title #di1 ,code of ,federal ,regulations 7or successor regulations71 to require that1 notwithstanding the granting of a petition under that part1 all catalytic converters be marked in accordance with section #eda4e of that title 7as revised pursuant to paragraph 7#a772 and 7#c7 update other regulations1 as necessary1 to ensure that1 with respect to catalytic converters1 the requirements of section #eda4e and part #edc of title #di1 ,code of ,federal ,regulations 7as revised in accordance with paragraphs 7#a7 and 7#b71 respectively71 apply to any vehicle covered by part #efe of that title 7or successor regulations74 7b7 ,application ,notwithstanding any provision of chapter #cca of title #di1 ,united ,states ,code1 in the case of a vehicle described in section #efe4b of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 that has not been sold to the first purchaser 7as defined in section #ccaja of title #di1 ,united ,states ,code71 the requirements added to section #eda4e of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 by the ,administrator in accordance with paragraph 7#a7 of subsection 7a7 shall apply to the vehicle beginning on the date that is #ahj days after the date on which the ,administrator makes the revisions and updates required by that subsection1 regardless of the model year of the vehicle or the date on which the vehicle is manufactured4 7c7 ,definition of catalytic converter ,section #ccaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in each of paragraphs 7#a7 through 7#aa7-- 7,a7 by inserting ,the term after the paragraph designation2 and 7,b7 by adding a paragraph heading the text of which comprises the term defined in the paragraph2 7#b7 by redesignating paragraphs 7#a7 through 7#aa7 as paragraphs 7#b7 through 7#ab71 respectively2 and 7#c7 in the matter preceding paragraph 7#b7 7as so redesignated71 by striking chapter-- and inserting the following3 8chapter3 7#a7 ,catalytic converter ,the term catalytic converter means any of the following3 7,a7 ,any device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon 7,,hc7 and carbon monoxide 7,,co7 emissions to carbon dioxide 7,,co#b7 and water 7,h#b,o74 7,b7 ,a diesel oxidation catalyst4 7,c7 ,a diesel particulate filter4 4 7d7 ,marking of catalytic converters notwithstanding an exemption ,section #ccajf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 a certification that the catalytic converter will be marked in accordance with sections #ccaja through #ccajd1 including associated regulations2 and 2 and 7#b7 by adding at the end the following3 7f7 ,requirements for marking catalytic converters 7#a7 ,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 #ccaja through #ccajd1 including associated regulations4 7#b7 ,unique part identification numbers ,in promulgating regulations under paragraph 7#a71 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 7as defined in section #ccaaa7;b77#a77 that is included in a database that is accessible by law enforcement4 4 #d4 ,grant program for ,,vin stamping 7a7 ,definitions ,in this section3 7#a7 ,covered activity 7,a7 ,in general ,the term covered activity1 with respect to a motor vehicle1 means die or pin stamping of an identification number described in subparagraph 7,b7 on the outside of the catalytic converter in a conspicuous manner4 7,b7 ,identification number described ,an identification number referred to in subparagraph 7,a7 is-- 7i7 the full vehicle identification number of the motor vehicle in which the catalytic converter was originally installed2 or 7ii7 a unique part identification number that is included in a database that-- 7,i7 is accessible by law enforcement2 and 7,,ii7 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 number4 7,c7 ,stamping ,for purposes of subparagraph 7,a71 the term stamping means stamping-- 7i7 in a typed 7not handwritten7 font2 and 7ii7 covered through the application of a coat of high-visibility1 high-heat theft deterrence paint4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a law enforcement agency2 7,b7 an automobile dealer2 7,c7 an owner or lessee of a centrally maintained vehicle fleet2 7,d7 an automobile repair shop and service center2 and 7,e7 a nonprofit organization4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide grants to eligible entities to carry out covered activities 7excluding wages7 relating to catalytic converters4 7c7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,requirement ,a covered activity carried out with a grant awarded under this section shall be carried out at no cost to the owner of-- 7#a7 the motor vehicle being stamped2 or 7#b7 any motor vehicle otherwise receiving service from an eligible entity4 7e7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to-- 7#a7 eligible entities operating in areas with the highest need for covered activities1 including the areas with the highest rates of catalytic converter theft1 as determined by the ,secretary2 and 7#b7 eligible entities that are in possession of motor vehicles that are subject to the requirement described in section #c7;b74 7f7 ,procedures for marking ,in carrying out the grant program under this section1 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-visibility1 high-heat theft deterrence paint without damaging the function of the catalytic converter4 7g7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #aj years1 the ,secretary shall submit to ,congress a report on the grant program established under subsection 7b7 that includes a description of the progress1 results1 and any findings of the grant program1 including-- 7#a7 the total number of catalytic converters marked under the grant program2 and 7#b7 7,a7 to the extent known1 whether any catalytic converters marked under the grant program were stolen2 and 7,b7 the outcome of any criminal investigation relating to those thefts4 7h7 ,funding 7#a7 ,unobligated funding available ,of the unobligated amounts appropriated by the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b2 #ace ,stat4 #d71 #g1jjj1jjj shall be made available to carry out this section4 7#b7 ,authorization of appropriations ,in the event that the total of #g1jjj1jjj of the funds described in paragraph 7#a7 may not be made available to carry out this section1 there is authorized to be appropriated to carry out this section an amount equal to the remaining funding necessary to total #g1jjj1jjj4 #e4 ,requirements for purchase of catalytic converters and retention of seller information 7a7 ,inclusion of catalytic converters ,section #ccaja7g7 of title #di1 ,united ,states ,code 7as redesignated by section #c7;c771 is amended-- 7#a7 in subparagraph 7,k71 by striking and after the semicolon at the end2 7#b7 by redesignating subparagraph 7,l7 as subparagraph 7,m72 7#c7 by inserting after subparagraph 7,k7 the following3 7,l7 the catalytic converter2 and 2 and 7#d7 in subparagraph 7,m7 7as so redesignated71 by striking subclauses 7,a7-7,k7 of this clause and inserting subparagraphs 7,a7 through 7,l7 of this paragraph4 7b7 ,retention of records ,section #ccaaa of the title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the subsection heading1 by striking ,general requirements and inserting ,prohibitions related to selling motor vehicle parts2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,retention of records 7#a7 ,definitions ,in this subsection3 7,a7 ,precious metals ,the term precious metals has the meaning given the term in section #aji-bg4eaja of title #da1 ,code of ,federal ,regulations 7or a successor regulation74 7,b7 ,unique part identification number ,the term unique part identification number1 with respect to a motor vehicle part1 means a unique part identification number that-- 7i7 is marked1 etched1 or engraved on the motor vehicle part2 and 7ii7 is tied directly to the vehicle identification number of the vehicle on which the part was originally installed4 7#b7 ,requirement ,a seller of motor vehicle parts that contain precious metals1 including a person engaged in the business of salvaging1 dismantling1 recycling1 or repairing motor vehicle parts that contain precious metals1 shall provide to a purchaser on the sale of the motor vehicle part-- 7,a7 the name1 address1 telephone number1 and a photocopy of a government-issued identification of the seller2 and 7,b7 the vehicle identification number of the motor vehicle on which the motor vehicle part was originally installed or the unique part identification number4 7#c7 ,duration of retention ,a person shall retain the information described in paragraph 7#b7 for a period of not less than #b years4 4 7c7 ,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 with4 7d7 ,traceable forms of payment 7#a7 ,in general ,any sale or purchase of a catalytic converter shall be made with a traceable form of payment1 such as a check or a wire transfer4 7#b7 ,prohibition ,it shall be unlawful to sell or purchase a catalytic converter for cash or a digital asset4 7e7 ,regulations ,the ,attorney ,general shall prescribe regulations to carry out this section and the amendments made by this section1 including the enforcement and penalties that apply to a violation of this section and the amendments made by this section4 #f4 ,criminal penalties 7a7 ,theft of catalytic converters ,chapter #ca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by adding at the end the following3 #fga4 ,theft of catalytic converters 7a7 ,definitions ,in this section3 7#a7 ,catalytic converter ,the term catalytic converter means any of the following3 7,a7 ,any device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon 7,,hc7 and carbon monoxide 7,,co7 emissions to carbon dioxide 7,,co#b7 and water 7,h#b,o74 7,b7 ,a diesel oxidation catalyst4 7,c7 ,a diesel particulate filter4 7#b7 ,precious metals ,the term precious metals has the meaning given the term in section #aji-bg4eaja of title #da1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,offense ,it shall be unlawful to steal or knowingly and unlawfully take1 carry away1 or conceal a catalytic converter from another person's motor vehicle1 or knowingly purchase such a catalytic converter1 with the intent to distribute1 sell1 or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce4 7c7 ,penalty 7#a7 ,in general ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned not more than #e years1 or both4 7#b7 ,concurrent sentences ,any term of imprisonment imposed on a person under paragraph 7#a7 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 conduct4 2 and 7#b7 in the table of sections1 by adding at the end the following3 #fga4 ,theft of catalytic converters4 4 7b7 ,definitions ,section #bcaa of title #ah1 ,united ,states ,code1 is amended by inserting after for running on land but not on rails2 the following3 ,precious metals has the meaning given the term in section #aji-bg4eaja of title #da1 ,code of ,federal ,regulations1 or any successor regulation2 4 7c7 ,trafficking in car parts containing precious metals ,section #bcba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,trafficking in motor vehicle parts containing precious metals 7#a7 ,definition of catalytic converter ,in this subsection1 the term catalytic converter means any of the following3 7,a7 ,any device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon 7,,hc7 and carbon monoxide 7,,co7 emissions to carbon dioxide 7,,co#b7 and water 7,h#b,o74 7,b7 ,a diesel oxidation catalyst4 7,c7 ,a diesel particulate filter4 7#b7 ,offense ,it shall be unlawful to buy1 receive1 possess1 or obtain control of1 with intent to sell or otherwise dispose of1 a catalytic converter1 knowing that the catalytic converter has been stolen4 7#c7 ,penalty 7,a7 ,in general ,subject to subparagraph 7,b71 any person who violates paragraph 7#b7 shall be fined under this title1 imprisoned not more than #e years1 or both4 7,b7 ,concurrent sentences ,any term of imprisonment imposed on a person under subparagraph 7,a7 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 conduct4 4 7d7 ,chop shops ,section #bcbb7;b7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7b7 ,definition ,for purposes of this section1 the term chop shop means any building1 lot1 facility1 or other structure or premise where #a or more persons engage in receiving1 concealing1 destroying1 disassembling1 dismantling1 reassembling1 or storing any motor vehicle or motor vehicle part that has been unlawfully obtained in order to alter1 counterfeit1 deface1 destroy1 disguise1 falsify1 forge1 obliterate1 extract any precious metal therefrom1 or remove the identity1 including the vehicle identification number or derivative thereof1 or other identification marking1 of the vehicle or vehicle part and to distribute1 sell1 or dispose of the vehicle or vehicle part1 or precious metal extracted from the vehicle or vehicle part1 in interstate or foreign commerce4 4