EMBEZZLEMENT AND THEFT

[Provisions in Title 18, United States Code; Act of June 25, 1948, 62 Stat. 729, as amended by Act of May 24, 1949, 63 Stat. 91; and by Act of October 14, 1966, 80 Stat. 904]

§ 659. Interstate or foreign shipments by carrier, state prosecutions Whoever embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility with intent to convert to his own use any goods or chattels moving as or which are part of or which constitute an interstate or foreign shipment of freight, express or other property; or

Whoever buys or receives or has in his possession any such goods or chattels, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes, carries away, or by fraud or deception obtains with intent to convert to his own use any baggage which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce or breaks into, steals, takes, carries away, or conceals any of the contents of such baggage, or buys, receives, or has in his possession any such baggage or any article therefrom of whatever nature, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes by any fraudulent device, scheme, or game, from any railroad car, bus, vehicle, steamboat, vessel, or aircraft operated by any common carrier moving in interstate or foreign commerce or from any passenger thereon any money, baggage, goods, or chattels, or whoever buys, receives, or has in his possession any such money, baggage, goods, or chattels, knowing the same to have been embezzled or stolen

Shall in each case be fined not more than $5,000 or imprisoned not more than ten years, or both; but if the amount or value of such money, baggage, goods or chattels does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

The offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said money, baggage, goods, or chattels.

The carrying or transporting of any such money, freight, express, baggage, goods, or chattels in interstate or foreign commerce, knowing the same to have been stolen, shall constitute a separate offense and subject the offender to the penalties under this section for unlawful taking, and the offense shall be deemed to have been committed in any

district into which such money, freight, express, baggage, goods, or chattels shall have been removed or into which the same shall have been brought by such offender.

To establish the interstate or foreign commerce character of any shipment in any prosecution under this section the waybill or other shipping document of such shipment shall be prima facie evidence of the place from which and to which such shipment was made. The removal of property from a pipeline system which extends interstate shall be prima facie evidence of the interstate character of the shipment of the property.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.

§ 660. [62 Stat. 730, 18 U.S.C. 660] Carrier's funds derived from commerce; state prosecutions

Whoever, being a president, director, officer, or manager of any firm, association, or corporation, engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, securities, property, or assets of such firm, association, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or willfully or knowingly converts the same to his own use or to the use of another, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

The offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys, funds, credits, securities, property or assets.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.

PROVISIONS IN THE DEFENSE PRODUCTION ACT OF 1950

[Act of September 8, 1950, 64 Stat. 798; as amended by Act of July 31, 1951, 65 Stat. 131; Act of June 30, 1952, 66 Stat. 296; Act of June 30, 1953, 67 Stat. 129; Act of June 30, 1955, 69 Stat. 255; Act of August 9, 1955, 69 Stat. 580; Act of June 29, 1956, 70 Stat. 408; Act of June 28, 1958, 72 Stat. 241; Act of June 30, 1960, 74 Stat. 282; Act of June 28, 1962, 76 Stat. 112; Act of June 30, 1964, 78 Stat. 235; and Act of June 30, 1966, 80 Stat. 235]

TITLE I-PRIORITIES AND ALLOCATION

SEC. 101. [64 Stat. 799, as amended by 65 Stat. 132, 66 Stat. 296, 67 Stat. 129, 50 U.S.C. App. 2071] (a) The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense.

(b) Critical and Strategic Materials.-The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.

SEC. 103. [64 Stat. 799, 50 U.S.C. App. 2073] Any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this title or any rule, regulation, or order thereunder, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.

TITLE VII-GENERAL PROVISIONS

SEC. 703. (a) [64 Stat. 816, as amended by 65 Stat. 138, 50 U.S.C. App. 2153] Except as otherwise specifically provided, the President may delegate any power or authority conferred upon him by this Act to any officer or agency of the Government, including any new agency or agencies (and the President is hereby authorized to create such new

agencies other than corporate agencies, as he deems necessary), and he may authorize such redelegations by that officer or agency as the President may deem appropriate. ***1

SEC. 717. [64 Stat. 822, as amended by 65 Stat. 110, 65 Stat. 144, 66 Stat. 306, 67 Stat. 126, 67 Stat. 131, 69 Stat. 225, 69 Stat. 582, 70 Stat. 408, 72 Stat. 241, 74 Stat. 282, 76 Stat. 112, 78 Stat. 235, and 80 Stat. 235, 50 U.S.C. App. 2166] (a) Title I (except section 104), title III, and title VII (except section 714) of this Act, and all authority conferred thereunder, shall terminate at the close of June 30, 1968. ***

1 The powers conferred by this Act relating to air transport have been delegated by Executive Orders from time to time.

See E.O. 10480, p. 249.

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PROVISIONS IN PART II OF THE INTERSTATE COMMERCE ACT

[Act of August 9, 1935, 49 Stat. 545, as amended by Act of June 23, 1938, 52 Stat. 1027; Act of June 29, 1938, 52 Stat. 1237; Act of September 18, 1940, 54 Stat. 898; Act of September 1, 1950, 64 Stat. 574; Act of July 9, 1952, 66 Stat. 479; Act of July 22, 1954, 68 Stat. 526; Act of August 3, 1956, 70 Stat. 958; Act of August 22, 1957, 71 Stat. 411; Act of August 12, 1958, 72 Stat. 573; Act of July 12, 1960, 74 Stat. 384; Act of December 17, 1963, 77 Stat. 402; and Act of September 6, 1965, 79 Stat. 651]

SEO. 203. (b) [49 U. S. C. 303] Nothing in this part, except the provisions of section 204 relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be construed to include 7 (a) the transportation of persons or property by motor vehicle when incidental to transportation by aircraft ***

SEC. 204. (a) [49 U. S. C. 304] It shall be the duty of the Commission

(1) To regulate common carriers by motor vehicle as provided in this part, and to that end the Commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment.

(2) To regulate contract carriers by motor vehicle as provided in this part, and to that end the Commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment.

(3) To establish for private carriers of property by motor vehicle, if need therefor is found, reasonable requirements to promote safety of operations, and to that end prescribe qualifications and maximum hours of service of employees, and standards of equipment. In the event such requirements are established, the term "motor carrier" shall be construed to include private carriers of property by motor vehicle in the administration of sections 204 (c); 205; 220; 221; 222 (a), (b), (d), (f), and (g); and 224, of this part.

(4) To regulate brokers as provided in this part, and to that end the Commission may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such person or persons.