text: 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.
target: 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.
feat_title: Cargo Theft Deterrence Act of 1997