An Act to amend the Civil Aeronautics Act of 1938, as amended, to make unlawful certain practices of ticket agents engaged in selling air transportation, and for other purposes
PL 82-538 (S.2690), enacted 07/14/1952

628 
PUBLIC LAW 538--JULY 14, 1952 
[66 STAT. 
without prejudice and the right of the parties to pursue such other 
remedies as are provided by law shall not be affected thereby. 
(b) In any such terminated appeal, timely initiated in the Appeal 
Board, where the period for pursuit of any other remedy pursuant to 
section 13 (b) (2) of the Contract Settlement Act of 1944 shall have 
expired or would expire within sixty days after the effective date of 
the abolition of the Appeal Board, the period within which proceed-
j ings may be initiated in accordance with the said section shall be 
extended to sixty days after said effective date. 
(c) Effective thirty days after the enactment of this Act no further 
appeals or submitted disputes shall be accepted for determination by 
said Appeal Board. 
(d) Where an attempt is erroneously made to file an appeal with 
the Appeal Board after the time limited therefor by section 1 (c) 
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of this Act but prior to the effective date of the abolition of the Appeal 
Board, said Board shall forthwith return the papers to the person 
therein named as appellant together with a notice in writing that, 
pursuant to the terms of section 1 (c) of this Act, it can no longer 
accept such an appeal. Where such an attempt is made in good faith 
and the appeal would, except for the provisions of section 1 (c) 
of this Act, have been timely and the period for pursuit of any other 
remedy pursuant to section 13 (b) (2) of the Contract Settlement 
Act of 1944 expires or would expire prior to the expiration of sixty 
days after the receipt of such notice, the period within which proper 
proceedings may be initiated in accordance with said section 13 (b) 
(2) shall be extended to sixty days after the receipt of such notice. 
Approved July 14, 1952. 
Public Law 538 
CHAPTER 740 
JiUy 14. 1952. 
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[S. 2690] 
TQ amend the Civil Aeronautics Act of 1938, as amended, to make unlawful 
certain practices of ticket agents engaged in selling air transportation, and 
for otlier purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Civil Aeronau- United States of America in Congress assemhled, That section 1 of 
amlndiS^nts. ^^^^' the Civil Aerouautics Act of 1938, as amended, is amended by renum-
62 itat.' 493! 
bering paragraph (32) as paragraph (33) and by inserting therein 
49 use 401." 
a new paragraph (32) reading as follows: 
"(32) 'Ticket agent' means any person, not an air carrier or a 
foreign air carrier and not a bona fide employee of an air carrier 
or foreign air carrier, who, as principal or agent, sells or offers for sale 
any air transportation, or negotiates for, or holds himself out by 
solicitation, advertisement, or otherwise as one who sells, provides, 
furnishes, contracts or arranges for, such transportation." 
49 use 491. 
SEC. 2. Section 411 of the Civil Aeronautics Act of 1938, as amended, 
is amended to read as follows: 
"METHODS OF COMPErriTION 
"SEC. 411. The Board may, upon its own initiative or upon com-
plaint by any air carrier, foreign air carrier, or ticket agent, if it 
considers that such action by it would be in the interest of the public, 
investigate and determine whether any air carrier, foreign air car-
rier, or ticket agent has been or is engaged in unfair or deceptive 
pactices or unfair methods of competition in air transportation or the 
sale thereof. If the Board shall find, after notice and hearing, that 
66 S T A T . ] 
PUBLIC LAW 539-JULY 14, 1952 
629 
such air carrier, foreign air carrier, or ticket agent is engaged in such 
unfair or deceptive practices or unfair methods of competition, it shall 
order such air carrier, foreign air carrier, or ticket agent to cease and 
desist from such practices or methods of competition." 
SEC. 3. Section 902 (d) of the Civil Aeronautics Act of 1938, as 
amended, is amended to read as follows: 
49 u s e 622. 
"GRANTING REBATES 
"(d) Any air carrier, foreign air carrier, or ticket agent, or any 
officer, agent, employee, or representative thereof, who shall, know-
ingly and willfully, offer, grant, or give, or cause to be offered, granted, 
or given, any rebate or other concession in violation of the provisions 
of this Act, or who, by any device or means, shall, knowingly and 
willfully, assist, or shall willingly suffer or permit, any person to 
obtain transportation or services subject to this Act at less than the 
rates, fares, or charges lawfully in effect, shall be deemed guilty of a 
misdemeanor and, upon conviction thereof, shall be subject for each 
offense to a fine of not less than $100 and not more than $5,000." 
SEC. 4. Nothing contained in this Act shall be construed to enlarge 
or extend the jurisdiction of the Civil Aeronautics Board over trans-
portation not subject to the Civil Aeronautics Act of 1938, as amended. 
SEC. 5. This Act shall be effective upon enactment. 
Approved July 14, 1952. 
49 u s e 681. 
Effective date. 
Public Law 539 
CHAPTER 741 
AN ACT 
To amend section 113 (b) (1) (B) of the Internal Revenue Code with respect to 
the adjustment of the basis of property for depreciation, obsolescence, amortiza-
tion, and depletion. 
July 14, 1952 
[H. R. 3168] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That so much 
of section 113 (b) (1) (B) of the Internal Revenue Code (relating 
to adjustments to basis of property for depreciation, etc.) as precedes 
the word "Where" is hereby amended to read as follows: 
"(B) in respect of any period since February 28, 1913, 
for exhaustion, wear and tear, obsolescence, amortization, 
and depletion, to the extent of the amount— 
(i) allowed as deductions in computing net income 
under this chapter or prior income tax laws, and 
"(ii) resulting (by reason of the deductions so al-
lowed) in a reduction for any taxable year of the tax-
payer's taxes under this chapter (other than subchapter 
E), subchapter E of chapter 2, or prior income, war-
profits, or excess-profits tax laws, • 
but not less than the amount allowable under this chapter 
or prior income tax laws. Clause (ii) of this subparagraph 
shall not apply in respect of any period since February 
28, 1913, and before January 1, 1952, unless an election has 
been made under subsection (d)." 
SEC. 2. Section 113 of the Internal Revenue Code (relating to basis 
of property) is hereby amended by adding at the end thereof the fol-
lowing new subsection: 
"(d) 
ELECTION IN RESPECT OF DEPRECIATION, ETC., ALLOWED B E -
FORE 1952.—Any person may elect to have clause (ii) of subsection 
(b) (1) (B) apply in respect of periods since February 28, 1913, and 
Internal Revenue 
Code, amendment. 
53 Stat. 40. 
26 u s e 113.