[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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