[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9904 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9904
To amend title 18, United States Code, to prohibit the trafficking in
catalytic converters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2026
Mr. Gill of Texas (for himself, Mr. Correa, Mr. Nehls, Mr. Williams of
Texas, Ms. Garcia of Texas, Mr. Weber of Texas, Mr. Vicente Gonzalez of
Texas, Mr. Panetta, Mr. Cuellar, Ms. Escobar, Ms. Van Duyne, Mr.
Cisneros, Mr. Suozzi, and Mr. Vasquez) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the trafficking in
catalytic converters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deputy Darren Almendarez Act''.
SEC. 2. TRAFFICKING IN CATALYTIC CONVERTERS.
(a) In General.--Chapter 113 of title 18, United States Code, is
amended by inserting after section 2321 the following:
``Sec. 2321A. Trafficking in catalytic converters
``(a) Offense.--Except as provided under subsection (c), whoever,
in or affecting interstate commerce, knowingly--
``(1) possesses one or more catalytic converters that was
removed from a motor vehicle; or
``(2) purchases one or more catalytic converters that was
removed from a motor vehicle, with the intent to distribute,
sell, or dispose of such catalytic converter or any precious
metal removed from such converter,
shall be punished as provided in subsection (b) for each possession or
purchase.
``(b) Penalties.--Whoever commits an offense under subsection (a)--
``(1) shall be fined not more than $100,000, imprisoned not
more than 5 years, or both; and
``(2) for a second or subsequent offense under subsection
(a), shall be fined not more than $200,000, imprisoned not more
than 10 years, or both.
``(c) Affirmative Defense.--It is an affirmative defense to
prosecution under subsection (a) if the person complied with all State
and local identification requirements and record-keeping practices
relating to catalytic converters in the State which the transaction
occurred and--
``(1) the catalytic converter was removed from a motor
vehicle by a motor vehicle owner or by the lessee of a leased
motor vehicle;
``(2) an person possessed or purchased a catalytic
converter in the ordinary course of their official duties for a
motor vehicle manufacturer, distributor, or dealer;
``(3) an employee or agent of a person acting in their
official duties as a motor vehicle repair facility engaged in
diagnosis, service, maintenance, repair, or calibration of a
catalytic converter of a motor vehicle if the employee or agent
does not--
``(A) extract any precious metals from the
catalytic converter;
``(B) remove the identity, including the vehicle
identification number or derivative thereof, or other
identification marking, of such vehicle or catalytic
converter; or
``(C) distribute, sell, or dispose of the vehicle,
or catalytic converter, or precious metals extracted
from such catalytic converter; or
``(4) a metal recycling entity that purchases or otherwise
acquires a catalytic converter that was removed from a motor
vehicle if the person selling the catalytic converter to the
metal recycling entity acquired the catalytic converter in the
ordinary course of business of such entity, including in the
ordinary course of business of--
``(A) a licensed automotive wrecking and salvage
yard;
``(B) a registered metal recycling entity;
``(C) a licensed motor vehicle manufacturer,
distributor, converter, or dealer, including any
department of a dealer or converter that repairs or
services motor vehicles;
``(D) a licensed motor vehicle repair facility;
``(E) a licensed used automotive parts recycler;
``(F) a licensed motor vehicle demolisher;
``(G) a school or training program in which
students are provided instruction on building,
repairing, or restoring motor vehicles;
``(H) a Federal, State, or local law enforcement
agency;
``(I) the National Insurance Crime Bureau;
``(J) a business that is--
``(i) located in and regulated by State or
a political subdivision of a State; and
``(ii) engaged in an activity relating to
catalytic converters that is regulated by a
State or a political subdivision of a State;
and
``(K) a business that--
``(i) is located in a jurisdiction outside
the United States and operated in a business
form recognized by the laws of that
jurisdiction; and
``(ii) imports catalytic converters into
the United States in accordance with the
Harmonized Tariff Schedule of the United States
published by the U.S. International Trade
Commission (or a successor schedule).
``(d) Definitions.--In this section:
``(1) Catalytic converter.--The term `catalytic converter'
means an emission pollution-control device that converts toxic
byproducts of combustion in the exhaust of an engine to less
toxic substances by means of catalyzed chemical reactions.
``(2) Dealer; motor vehicle; motor vehicle distributor;
motor vehicle manufacturer.--The terms `dealer', `motor
vehicle', `motor vehicle distributor', `motor vehicle
manufacturer' have the meanings given the terms in section
30102 of title 49.
``(3) Metal recycling entity.--The term `metal recycling
entity' means a business that operates from a fixed location
and is predominantly engaged in--
``(A) performing the manufacturing process by which
scrap, used, or obsolete ferrous or nonferrous metal is
converted into raw material products consisting of
prepared grades and having an existing or potential
economic value, by a method that in part requires the
use of powered tools and equipment, including processes
that involve processing, sorting, cutting, classifying,
cleaning, baling, wrapping, shredding, shearing, or
changing the physical form of that metal;
``(B) using raw material products described under
subparagraph (A) in the manufacture of producer or
consumer goods; or
``(C) purchasing or otherwise acquiring scrap,
used, or obsolete ferrous or nonferrous metals for the
eventual use of the metal for the purposes described in
subparagraph (A) or (B).
``(4) Motor vehicle dealer.--The term `motor vehicle
dealer' means a dealer that has an agreement with a motor
vehicle manufacturer related to the diagnostics, repair, or
service of a motor vehicle.
``(5) Motor vehicle owner.--The term `motor vehicle
owner'--
``(A) means a person with a present possessive
ownership right in a motor vehicle or a lessee of a
motor vehicle; and
``(B) does not include a motor vehicle manufacturer
or a person operating on behalf of a motor vehicle
manufacturer, a motor vehicle financing company, a
motor vehicle dealer, or a motor vehicle lessor.
``(6) Motor vehicle repair facility.--The term `motor
vehicle repair facility' means any person that, in the ordinary
course of its business, is engaged in the business of
diagnosis, service, maintenance, repair, or calibration of
motor vehicles or motor vehicle equipment.
``(7) Precious metals.--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).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 113 of title 18, United States Code, is amended by inserting
after the item relating to section 2321 the following:
``2321A. Trafficking in catalytic converters.''.
<all>