H.R. 9904: Deputy Darren Almendarez Act

This bill would create a new federal crime for certain dealings in catalytic converters that are linked to interstate commerce.

What would be illegal

A person could be prosecuted if they knowingly:

• possess one or more catalytic converters that were removed from a motor vehicle, or
• buy one or more removed catalytic converters with the intent to resell, distribute, or dispose of them, or the precious metals taken from them.

The law would apply only when the conduct is “in or affecting interstate commerce,” which is a common federal jurisdiction standard.

Penalties

Violations could bring:

• up to a $100,000 fine, up to 5 years in prison, or both, for a first offense;
• up to a $200,000 fine, up to 10 years in prison, or both, for a second or later offense.

The penalties would apply separately for each possession or purchase covered by the offense.

Exceptions and defenses

The bill includes an affirmative defense for certain legitimate transactions if the person followed all applicable state and local identification and record-keeping rules. Examples include:

• a motor vehicle owner or lessee who removed the converter from their own vehicle;
• people handling converters as part of their ordinary duties for a vehicle manufacturer, distributor, or dealer;
• employees or agents of motor vehicle repair facilities, so long as they do not extract precious metals, remove identifying marks, or sell or dispose of the converter or metals from it;
• metal recycling businesses that acquire converters through ordinary business from authorized sources such as salvage yards, repair facilities, recyclers, dealers, demolishers, schools, law enforcement, the National Insurance Crime Bureau, or other regulated businesses;
• certain foreign businesses that import converters legally into the United States.

Definitions

The bill defines key terms such as “catalytic converter,” “metal recycling entity,” “motor vehicle owner,” and “motor vehicle repair facility” to clarify which transactions are covered. It also references existing federal definitions for terms like dealer, motor vehicle, manufacturer, and distributor.

Other changes

The bill would also make a technical change to the federal criminal code’s table of contents to add the new section number and title for this offense.

Relevant Companies

• None found