Pub. L. 102-519, tit. III, sec. 306
VERIFICATION.
SEC. 306. VERIFICATION. (a) In General.— Title VI of the Motor Vehicle Information and Cost Savings Act is amended by redesignating sections 607 through 614 as sections 610 through 617, respectively, by striking in section 602(e) “and 612” and inserting “and 615”, and by inserting after section 606 the following: “verification of vehicle as legal salvage or junk vehicle “Sec. 607. (a) Any person engaged in business as an insurance carrier to sell comprehensive insurance coverage for motor vehicles shall, if such carrier obtains possession of and transfers a junk motor vehicle or a salvage motor vehicle— “(1) verify, in accordance with procedures established by rule under section 609 by the Attorney General and in consultation with the Secretary of Transportation, whether that motor vehicle is reported as stolen, and “(2) provide verification to whomever such carrier transfers or sells any such salvage or junk motor vehicle identifying the vehicle identification number or derivative thereof of such vehicle and verifying that such vehicle has not been reported as stolen or, if reported as stolen, that such insurance carrier has recovered the vehicle and has proper legal title to the vehicle. For purposes of paragraph (2), the term ‘vehicle identification number’ means a unique identification number assigned to a passenger motor vehicle by a manufacturer in compliance with applicable regulations or a derivative thereof. Nothing in this paragraph shall be construed to prohibit such carrier from transferring a motor vehicle if, within a reasonable period of time during normal business operations (as determined by the Attorney General under section 609 of this title) using reasonable efforts, such carrier has not received a determination under section 609 that the vehicle has not been reported as stolen or to otherwise determine whether such vehicle has been reported as stolen, except that such carrier shall provide a written certification of such lack of determination. “(b) The Attorney General, in consultation with the Secretary, shall promulgate such regulations as are needed to ensure that verification performed and provided by insurance carriers under subsection (a)(2) is uniform, effective, and resistant to fraudulent use.”. (b) Effective Date.— The regulations required by section 607(b) of the Motor Vehicle Information and Cost Savings Act shall be promulgated within 6 months after the date of the enactment of this subsection. The amendment made by subsection (a) shall take effect within 3 months after such regulations are promulgated, but not before the system in section 609 of the Motor vehicle Information and Cost Savings Act is operational. (c) Parts.— Title VI of such Act, as amended by subsection (a), is amended by inserting after section 607 the following new section: “parts “Sec. 608. (a) No person engaged in the business of salvaging, dismantling, recycling, or repairing passenger motor vehicles shall knowingly sell or distribute in commerce or transfer or install a major part marked with an identification number without— 106 STAT. 3398 “(1) first determining, through a procedure established by rule by the Attorney General in consultation with the Secretary of Transportation under section 609 that such major part has not been reported as stolen; and “(2) providing the purchaser or transferee with a verification identifying the vehicle identification number or derivative thereof of such major part, and verifying that such major part has not been reported as stolen. “(b) The Attorney General, in consultation with the Secretary of Transportation, shall promulgate such regulations as are needed to ensure that verifications provided by persons under subsection (a)(2) are uniform, effective, and resistant to fraudulent use. “(c) Subsection (a) shall not apply to a person who is the manufacturer of the major part, who has purchased the major part directly from the manufacturer, who has received a verification from an insurance carrier pursuant to section 607 that the motor vehicle from which such major part is derived has not been reported as stolen, or that such carrier has failed, in accordance with section 607, to determine whether such vehicle has been stolen. Such person shall be required to provide such verification to any person to whom such vehicle, or any major part of such vehicle, is thereafter transferred or sold in commerce. The Attorney General shall promulgate regulations to implement this section.”. (d) Effective Date.— The amendment made by subsection (c) shall be effective on the date that the system required by section 609 is established. (e) National Stolen Auto Part Information System.— Title VI of such Act, as amended by subsection (c), is amended by inserting after section 608 the following new section: “national stolen auto part information system “Sec. 609. (a) The Attorney General shall, within 9 months of the date of the enactment of the Anti Car Theft Act of 1992, maintain in the National Crime Information Center an information system containing the identification numbers of stolen passenger motor vehicles and stolen passenger motor vehicle parts. The Attorney General shall also consult with State and local law enforcement agencies in the establishment of such system. The Attorney General shall also consult with the National Crime Information Center Policy Advisory Board to ensure the security of the information in such system and that such system will not compromise the security of stolen vehicle and vehicle parts information in such information system. “(b) The Attorney General shall specify procedures by rule by which individuals or entities seeking to transfer a vehicle or vehicle parts may obtain a determination whether a part is listed in the system as stolen. If the Attorney General determines that the National Crime Information Center is not able to perform the functions of the information system required under subsection (a), the Attorney General shall enter into an agreement for the operation of such a system separate from the National Crime Information Center. “(c) The information system under subsection (a) shall, at a minimum, include the following information pertaining to each passenger motor vehicle reported to a law enforcement authority as stolen and not recovered: 106 STAT. 3399 “(1) The vehicle identification number of such passenger motor vehicle. “(2) The make and model year of such passenger motor vehicle. “(3) The date on which the passenger motor vehicle was reported as stolen. “(4) The location of the law enforcement authority that received the reports of the passenger motor vehicle’s theft. “(5) If the passenger motor vehicle at the time of its theft contained parts bearing identification numbers or the derivative thereof different from the vehicle identification number of the stolen passenger motor vehicle, the identification numbers of such parts. “(d) Advisory Committee.— “(1) In general.— The National Stolen Auto Part Information System to be maintained under subsection (a) is to be developed by the Attorney General with the advice and recommendation of the advisory committee established under paragraph (2). “(2) Establishment.— Not later than 60 days after the date of the enactment of this Act, the Attorney General shall establish in the Department of Justice and appoint an advisory committee with respect to the National Stolen Auto Part Information System to be maintained under subsection (a). “(3) Membership.—The advisory committee established under paragraph (2) shall be composed of 10 members as follows: “(A) The Attorney General shall serve as the chairperson of the advisory committee. “(B) The Secretary of Transportation. “(C) One individual appointed by the Attorney General who is qualified to represent the interests of the law enforcement community at the State level. “(D) One individual appointed by the Attorney General who is qualified to represent the interests of the law enforcement community at the local level. “(E) One individual appointed by the Attorney General who is qualified to represent the interests of the automotive recycling industry. “(F) One individual appointed by the Attorney General who is qualified to represent the interests of the automotive repair industry. “(G) One individual appointed by the Attorney General who is qualified to represent the interests of the automotive rebuilders industry. “(H) One individual appointed by the Attorney General who is qualified to represent the interests of the automotive parts suppliers industry. “(I) One individual appointed by the Attorney General who is qualified to represent the interests of the insurance industry. “(J) One individual appointed by the Attorney General who is qualified to represent the interests of consumers. “(4) Duties.—The advisory committee established under paragraph (2) shall make recommendations regarding— “(A) the development and implementation of the National Stolen Auto Part Information System, and 106 STAT. 3400 “(B) the development and implementation of a verification system as required by section 607. “(5) Report.— Not later than 6 months after the date of the enactment of the Anti Car Theft Act of 1992, the advisory committee established under paragraph (2) shall submit to the Attorney General, the Secretary of Transportation, and the Congress a report containing the committee’s recommendations.”. “(e) Upon request by an insurance carrier, a person lawfully selling or distributing in interstate commerce passenger motor vehicle parts, or an individual or enterprise engaged in the business of repairing passenger motor vehicles, the Attorney General, or the entity or entities designated by the Attorney General, shall immediately provide such insurance carrier or person with a determination as to whether the information system under subsection (a) contains a record of an passenger motor vehicle or a passenger motor vehicle part bearing a particular vehicle identification number or derivative thereof having been reported stolen. The Attorney General may require such verification as the Attorney General deems appropriate to ensure that the request is legitimate and will not compromise the security of the system. “(f) There are authorized to be appropriated such sums as may be necessary to carry out this section. The information system established under subsection (a) shall be effective as provided in the rules promulgated by the Attorney General.”. (e) Study.— Section 617 of the Motor Vehicle Information and Cost Savings Act (as so redesignated) is amended in subsection (a)(1) by striking “after the date of the enactment of this title” and in subsection (b)(1) by striking “after the promulgation of the standard required by this title” and inserting in each place “after the date of the enactment of the Anti Car Theft Act of 1992”.