article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Cargo Theft Deterrence Act of 1997''. SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER. (a) In General.--Section 659 of title 18, United States Code, is amended-- (1) by striking ``with intent to convert to his own use'' each place that term appears; (2) in the first undesignated paragraph-- (A) by inserting ``trailer,'' after ``motortruck,''; (B) by inserting ``air cargo container,'' after ``aircraft,''; and (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility''; (3) in the fifth undesignated paragraph-- (A) by striking ``one year'' and inserting ``3 years''; and (B) by adding at the end the following: ``Notwithstanding the preceding sentence, the court may, upon motion of the Attorney General, reduce any penalty imposed under this paragraph with respect to any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment.''; (4) in the penultimate undesignated paragraph, by inserting after the first sentence the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.''; and (5) by adding at the end the following: ``It shall be an affirmative defense (on which the defendant bears the burden of persuasion by a preponderance of the evidence) to an offense under this section that the defendant bought, received, or possessed the goods, chattels, money, or baggage at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner of the goods, chattels, money, or baggage.''. (b) Federal Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 2 levels for any offense under section 659 of title 18, United States Code, as amended by this section. (c) Report to Congress.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this section. SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT. (a) Establishment.-- (1) In general.--There is established a Committee to be known as the Advisory Committee on Cargo Theft (in this section referred to as the ``Committee''). (2) Membership.-- (A) Composition.--The Committee shall be composed of 6 members, who shall be appointed by the President, of whom-- (i) 1 shall be an officer or employee of the Department of Justice; (ii) 1 shall be an officer or employee of the Department of Transportation; (iii) 1 shall be an officer or employee of the Department of the Treasury; and (iv) 3 shall be individuals from the private sector who are experts in cargo security. (B) Date.--The appointments of the initial members of the Committee shall be made not later than 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Each member of the Committee shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which all initial members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Meetings.--The Committee shall meet, not less frequently than quarterly, at the call of the Chairperson. (6) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson.--The President shall select 1 member of the Committee to serve as the Chairperson of the Committee. (b) Duties.-- (1) Study.--The Committee shall conduct a thorough study of, and develop recommendations with respect to, all matters relating to-- (A) the establishment of a national computer database for the collection and dissemination of information relating to violations of section 659 of title 18, United States Code (as added by this Act); and (B) the establishment of an office within the Federal Government to promote cargo security and to increase coordination between the Federal Government and the private sector with respect to cargo security. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit to the President and to Congress a report, which shall contain a detailed statement of results of the study and the recommendations of the Committee under paragraph (1). (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.-- (A) Non-federal members.--Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. (B) Federal members.--Each member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for their service as an officer or employee of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 90 days after the date on which the Committee submits the report under subsection (b)(2). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to the Committee to carry out the purposes of this section. (2) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
summary: Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.