[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1512 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1512

         To amend section 659 of title 18, United States Code.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

    Mr. Lautenberg (for himself, Mr. D'Amato, Mr. Moynihan, and Mr. 
  Torricelli) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To amend section 659 of title 18, United States Code.

    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 ``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.
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