[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4744-S4745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2422. Ms. KLOBUCHAR (for herself and Mr. Braun) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PREVENTION OF CATALYTIC CONVERTER THEFTS.
(a) Requirements for New Motor Vehicle Regulations Relating
to Catalytic Converters.--
(1) In general.--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
subsection as the ``Administrator'') shall--
(A) 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;
(B) 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 subparagraph (A)); and
(C) 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 subparagraphs (A)
and (B), respectively), apply to any vehicle covered by part
565 of that title (or successor regulations).
(2) Application.--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 subparagraph (A) of paragraph (1) 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 paragraph, regardless of the model year of
the vehicle or the date on which the vehicle is manufactured.
(3) Marking of catalytic converters notwithstanding an
exemption.--Section 33106 of title 49, United States Code, is
amended--
(A) in subsection (c)--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting after paragraph (2) the following:
``(3) a certification that the catalytic converter will be
marked in accordance with sections 33101 through 33104,
including associated regulations; and''; and
(B) by adding at the end the following:
``(f) Requirements for Marking Catalytic Converters.--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.''.
(b) Grant Program for VIN Stamping.--
(1) Definitions.--In this subsection:
(A) Covered activity.--
(i) In general.--The term ``covered activity'', with
respect to a motor vehicle, means die or pin stamping of the
full vehicle identification number on the outside of the
catalytic converter in a conspicuous manner.
(ii) Stamping.--For purposes of clause (i), the term
``stamping'' means stamping--
(I) in a typed (not handwritten) font; and
(II) covered through the application of a coat of high-
visibility, high-heat theft deterrence paint.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a law enforcement agency;
(ii) an automobile dealer;
(iii) an automobile repair shop and service center; and
(iv) a nonprofit organization.
(C) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide grants to eligible entities to carry out
covered activities (excluding wages) relating to catalytic
converters.
(3) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(4) Requirement.--A covered activity carried out with a
grant awarded under this subsection shall be carried out at
no cost to the owner of--
(A) the motor vehicle being stamped; or
(B) any motor vehicle otherwise receiving service from an
eligible entity.
(5) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
(A) eligible entities operating in areas with the highest
need for covered activities, including the areas with the
highest rates of catalytic converter theft, as determined by
the Secretary; and
(B) eligible entities that are in possession of motor
vehicles that are subject to the requirement described in
subsection (a)(2).
(6) Procedures for marking.--In carrying out the grant
program under this subsection, 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-visibility, high-
heat theft deterrence paint without damaging the function of
the catalytic converter.
(7) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 10 years,
the Secretary shall submit to Congress a report on
[[Page S4745]]
the grant program established under paragraph (2) that
includes a description of the progress, results, and any
findings of the grant program, including--
(A) the total number of catalytic converters marked under
the grant program; and
(B)(i) to the extent known, whether any catalytic
converters marked under the grant program were stolen; and
(ii) the outcome of any criminal investigation relating to
those thefts.
(8) Funding.--
(A) Unobligated funding available.--Of the unobligated
amounts appropriated by the American Rescue Plan Act of 2021
(Public Law 117-2; 135 Stat. 4), $7,000,000 shall be made
available to carry out this subsection.
(B) Authorization of appropriations.--In the event that the
total of $7,000,000 of the funds described in subparagraph
(A) may not be made available to carry out this subsection,
there is authorized to be appropriated to carry out this
subsection an amount equal to the remaining funding necessary
to total $7,000,000.
(c) Requirements for Purchase of Catalytic Converters and
Retention of Seller Information.--
(1) Inclusion of catalytic converters.--Section 33101(6) of
title 49, United States Code, is amended--
(A) in subparagraph (K), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (L) as subparagraph (M);
(C) by inserting after subparagraph (K) the following:
``(L) the catalytic converter; and''; and
(D) in subparagraph (M) (as so redesignated), by striking
``subclauses (A)-(K) of this clause'' and inserting
``subparagraphs (A) through (L) of this paragraph''.
(2) Retention of records.--Section 33111 of the title 49,
United States Code, is amended--
(A) in subsection (a), in the subsection heading, by
striking ``General Requirements'' and inserting
``Prohibitions Related to Selling Motor Vehicle Parts'';
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(C) by inserting after subsection (a) the following:
``(b) Retention of Records.--
``(1) Definition of precious metals.--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).
``(2) Requirement.--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--
``(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 retention.--A person shall retain the
information described in paragraph (2) for a period of not
less than 2 years.''.
(3) Prohibition on sale of partial catalytic converters.--
It shall be unlawful to sell or purchase any--
(A) partial or de-canned catalytic converter parts; or
(B) catalytic converter which has had identifying markings
removed or otherwise tampered with.
(4) Regulations.--The Attorney General shall prescribe
regulations to carry out this subsection and the amendments
made by this subsection, including the enforcement and
penalties that apply to a violation of this subsection and
the amendments made by this subsection.
(d) Criminal Penalties.--
(1) Theft of catalytic converters.--Chapter 31 of title 18,
United States Code, is amended--
(A) by adding at the end the following:
``Sec. 671. Theft of catalytic converters
``(a) Definition.--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.
``(b) Offense.--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.
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 5
years, or both.''; and
(B) in the table of sections, by adding at the end the
following:
``671. Theft of catalytic converters.''.
(2) Definitions.--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;''.
(3) Trafficking in car parts containing precious metals.--
Section 2321 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Trafficking in Motor Vehicle Parts Containing
Precious Metals.--
``(1) Offense.--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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned not more than 5 years,
or both.''.
(4) Chop shops.--Section 2322(b) of title 18, United States
Code, is amended to read as follows:
``(b) Definition.--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.''.
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