Public Law 554.

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66 Stat. 711 Public Law 554 chapter 879 AN ACT To further amend the Communications Act of 1934.July 16, 1952[[S. 658](/us/bill/82/s/658)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Communications Act Amendments, 1952.[48 Stat. 1065](/us/stat/48/1065).[47 USC 153](/us/usc/47/153). That this Act may be cited as the “Communications Act Amendments, 1952”. Sec. 2. Section 3 of such Act is amended by adding after paragraph

(aa)the following: " “(bb) ‘Station license’, ‘radio station license’, or ‘license’ means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be. designated by the Commission. “(cc) ‘Broadcast station’, ‘broadcasting station’, or ‘radio broadcast station’ means a radio station equipped to engage in broadcasting as herein defined. “(dd) ‘Construction permit’ or ‘permit for construction’ means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.” " Sec. 3.

(a)Subsection

(b)of section 4 of such Act is amended by[47 USC 154](/us/usc/t47/s154). striking out the last two sentences thereof and inserting in lieu of such sentences the following: “Such commissioners shall not engage in anyCommissioners.Restriction. other business, vocation, profession, or employment; but this shall not apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted. Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his services as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. Not more than four members of the Commission shall be members of the same political party.”

(b)Paragraph

(2)of subsection

(f)of section 4 of such Act is amended by striking out “(2)” and inserting in lieu thereof “(3)”; and such subsection

(f)is further amended by striking out paragraph

(1)thereof and inserting in lieu of such paragraph the following paragraphs: " “(f)

(1)The Commission shall have authority, subject to the provisionsEmployees; appointment.[63 Stat. 954](/us/stat/63/954).[5 USC 1071 note](/us/usc/t5/s1071). of the civil-service laws and the Classification Act of 1949, as amended, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.” “(2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint a legal assistant, an engineering assistant, and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct.” "

(c)The first sentence of subsection

(g)of section 4 of such Act is amended to read as follows: “The Commission may make such expendituresExpenditures. (including expenditures for rent and personal services at the 66 Stat. 712 seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission and as from time to time may be appropriated for by Congress.”

(d)Subsection

(k)of section 4 of such Act is amended to read as[47 USC 154](/us/usc/t47/s154). follows: " “(k) The Commission shall make an annual report to Congress,Report. copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain— “(1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy; “(2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment: *Provided*, That the first and second annual reports following the date of enactment of the Communications Act Amendments, 1932, shall set forth in detail the number and caption of pending applications requesting approval of transfer of control or assignment of a broadcasting station license, or construction permits for new broadcasting stations, or for increases in power, or for changes of frequency of existing broadcasting stations at the beginning and end of the period covered by such reports; “(3) information with respect to all persons taken into the employment of the Commission during the year covered by the report, including names, pertinent biographical data and experience, Commission positions held and compensation paid, together with the names of those persons who have left the employ of the Commission during such year: *Provided*, That the first annual report following the date of enactment of the Communications Act Amendments, 1952, shall contain such information with respect, to all persons in the employ of the Commission at the close of the year for which the report is made; “(4) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this Act or elsewhere under which such expenditures were made; and “(5) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Bureau of the Budget.” " Sec. 4. Section 5 of such Act is amended to read as follows:[47 USC 155](/us/usc/t47/s155). " “organization and functioning of the commission “Sec. 5.

(a)The member of the Commission designated by theChairman. President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any com- 66 Stat. 713 missioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected. “(b) Within six months after the enactment of the CommunicationsOrganization. Act Amendments, 1952, and from time to time thereafter as the Commission may find necessary, the Commission shall organize its staff into

(1)integrated bureaus, to function on the basis of the Commission’s principal workload operations, and

(2)such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. “(c) The Commission shall establish a special staff of employees,“Review staff”. hereinafter in this Act referred to as the ‘review staff’, which shall consist of such legal, engineering, accounting, and other personnel as the Commission deems necessary. The review staff shall be directly responsible to the Commission and shall not be made a part of any bureau or divisional organization of the Commission. Its work shall not be supervised or directed by any employee of the Commission other than a member of the review staff whom the Commission may designate as the head of such staff. The review staff shall perform no duties or functions other than to assist the Commission, in cases of adjudication (as defined in the Administrative Procedure Act) which[60 Stat. 237](/us/stat/60/237).[5 USC 1001 note](/us/usc/t5/s1001). have been designated for hearing, by preparing a summary of the evidence presented at any such hearing, by preparing, after an initial decision but prior to oral argument, a compilation of the facts material to the exceptions and replies thereto filed by the parties, and by preparing for the Commission or any member or members thereof, without recommendations and in accordance with specific directions from the Commission or such member or members, memoranda, opinions, decisions, and orders. The Commission shall not permit any employee who is not a member of the review staff to perform the duties and functions which are to be performed by the review staff; but this shall not be construed to limit the duties and functions which any assistant or secretary appointed pursuant to section 4

(2)may perform for*Ante*, p. 711. the commissioner by whom he was appointed. “(d)

(1)Except as provided in section 409, the Commission may,*Post*, p. 721. when necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, by order assign or refer any portion of its work, business, or functions to an individual Commissioner or commissioners or to a board composed of one or more employees of the Commission, to be designated by such order for action thereon, and may at any time amend, modify, or rescind any such order of assignment or reference. Any order, decision, or report made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have the same force and effect, and shall be. made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other action of the Commission. “(2) Any person aggrieved by any such order, decision, or report may file an application for review by the Commission, within such 66 Stat. 714 time and in such form as the Commission shall prescribe, and every such application shall be passed upon by the Commission. If the Commission grants the application, it may affirm, modify, or set aside such order, decision, report, or action, or may order a rehearing upon *Post*, p. 720.such order, decision, report, or action under section 405. “(3) The secretary and seal of the Commission shall be the secretary and seal of each individual commissioner or board. “(e) Meetings of the Commission shall be held at regular intervals,Meetings. not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision

(1)within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and

(2)within six months from the final date of the hearing in all hearing cases; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three-or six-month period, respectively, stating the reasons therefor.” " Sec. 5. Subsection

(d)of section 30i of such Act is amended to[47 USC 307](/us/usc/t47/s307). read as follows: " “(d) No license granted for the operation of a broadcasting stationBroadcasting licenses. shall be for a longer term than three years and no license so granted for any other class of station shall be for a longer term than five years, and any license granted may be revoked as hereinafter provided. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed three years in the case of broadcasting licenses, and not to exceed five years in the case of other licenses, if the Commission finds that public interest, convenience, and necessity would be served thereby. In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any hew or additional facts it deems necessary to make its findings. Pending any hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405, the Commission shall continue such license in effect.” " Sec. 6.

(a)So much of subsection

(a)of section 308 of such Act[47 USC 308](/us/usc/t47/s308).Construction permits and station licenses.Emergency cases. as precedes the second proviso is amended to read as follows: “The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: *Provided*, That

(1)in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or

(2)during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or

(3)in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as 66 Stat. 715 the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it:”.

(b)The first sentence of subsection

(b)of section 308 of such Act is47 USC 308 amended by striking out the words “All such applications shall set forth” and inserting in lieu thereof “All applications for station licenses, or modifications or renewals thereof, shall set forth”. Sec. 7. Section 309 of such Act is amended to read as follows:[47 USC 309](/us/usc/t47/s309). " “action upon applications; form of and conditions attached to licenses “Sec. 309.

(a)If upon exandnation of any application provided for in section 308 the Commission shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. “(b) If upon exandnation of any such application the CommissionHearing. is unable to make the finding specified in subsection (a), it shall forthwith notify the applicant and other known parties in interest of the grounds and reasons for its inability to make such finding. Such notice, which shall precede formal designation for a hearing, shall advise the applicant and all other known parties in interest of all objections made to the application as well as the source and nature of such objections. Following such notice, the applicant shall be given an opportunity to reply. If the Commission, after considering such reply, shall be unable to make the finding specified in subsection (a), it shall formally designate the application for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. The parties in interest, if any, who are not notified by the Commission of its action with respect to a particular application may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest at any time not less than ten days prior to the date of hearing. Any hearing subsequently held upon such application shall be. a full hearing in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue specified by the Commission, as well as the burden of proof upon all such issues, shall be upon the applicant. “(c) When any instrument of authorization is granted by the Commission without a hearing as provided in subsection

(a)hereof, such grant shall remain subject to protest as hereinafter provided for a period of thirty days. During such thirty-day period any party in interest may file a protest under oath directed to such grant and request a hearing on said application so grunted. Any protest so filed shall contain such allegations of fact as will show the protestant to be a party in interest and shall specify with particularity the facts, matters, and things relied upon, but shall not include issues or allegations phrased generally. The Commission shall, within fifteen days from the date of the filing of such protest, enter findings as to whether such protest meets the foregoing requirements and if it so finds the application involved shall be set for hearing upon the issues set forth in said protest, together with such further specific issues, if any, as may be prescribed by the Commission. In any hearing subsequently held upon such application all issues specified by the Commission shall be tried in the same manner provided in subsection

(b)hereof, but with respect to all issues set forth in the protest and not specifically 66 Stat. 716 adopted by the Commission, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the protestant. The hearing and determination of cases arising under this subsection shall be expedited by the Commission and pending hearing and decision the effective date of the Commission’s action to which protest is made shall be postponed to the effective date of the Commission’s decision after hearing, unless the authorization involved is necessary to the maintenance or conduct of an existing service, in which event the Commission shall authorize the applicant to utilize the facilities or authorization in question pending the Commission’s decision after hearing. “(d) Such station licenses as the Commission may grant shall beStation licenses. in such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions to which such license shall be subject:

(1)The station license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized therein;

(2)neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act;

(3)every license issued under this Act shall be subject in terms to the right of use or [47 USC 606](/us/usc/t47/s606).control conferred by section 606 hereof.” " Sec. 8. Subsection

(b)of section 310 of said Act is amended to read[47 USC 310](/us/usc/t47/s310). as follows: " “(b) No construction permit or station license, or any rights thereunder,Transfer. shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. Any such application shall be disposed of as if the proposed transferee or assignee were making application under section 308 for the permit or license in question; but in acting thereon the Commission may not consider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee.” " Sec. 9. Section 311 of such Act, as amended, is amended to read[47 USC 311](/us/usc/t47/s311). as follows: " “Sec. 311. The Commission is hereby directed to refuse a stationRefusal. license and/or the permit hereafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court under [47 USC 313](/us/usc/t47/s313).[47 USC 312](/us/usc/t47/s312).section 313.” " Sec. 10. Section 312 of such Act is amended to read as follows: " “administrative sanctions “Sec. 312.

(a)Any station license or construction permit may beRevocation. revoked— “(1) for false statements knowingly made either in the application or in any statement of fact which may be required pursuant to section 308; “(2) because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application; “(3) for willful or repeated failure to operate substantially as set forth in the license; 66 Stat. 717 “(4) for willful or repeated violation of, or willful or repeated failure to observe, any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States; and “(5) for violation of or failure to observe any cease and desist order issued by the Commission under this section. “(b) Where any person

(1)has failed to operate substantially as set forth in a license, or

(2)has violated or failed to observe any of the provisions of this Act, or

(3)has violated or failed to observe any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States, the Commission may order such person to cease and desist from such action. “(c) Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), the Commission shall serve upon the licensee, permittee, or person involved an order to show cause why an order of revocation or a cease and desist order should not be issued. Any such order to show cause shall contain a statement of the matters with respect to which the Commission is inquiring and shall call upon said licensee, permittee, or person to appear before the Commission at a time and place stated in the order, but in no event less than thirty days after the receipt of such order, and give evidence upon the matter specified therein; except that where safety of life or property is involved, the Commission may provide in the order for a shorter period. If after hearing, or a waiver thereof, the Commission determines that an order of revocation or a cease and desist order should issue, it shall issue such order, which shall include a statement of the findings of the Commission and the grounds and reasons therefor and specify the effective date of the order, and shall cause the same to be served on said licensee, permittee, or person. “(d) In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission. “(e) The provisions of section 9

(b)of the Administrative Procedure[60 Stat. 242](/us/stat/60/242).[5 USC 1008(b)](/us/usc/t5/s1008/b). Act which apply with respect to the institution of any proceeding for the revocation of a license or permit shall apply also with respect to the institution, under this section, of any proceeding for the issuance of a cease and desist order.” " Sec. 11. Section 315 of the Communications Act of 1934 is amended [42 USC 315](/us/usc/t42/s315).to read as follows: " “facilities for candidates fob public office “Sec. 315.

(a)If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: *Provided*, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is hereby imposed upon any licensee to allow the use of its station by any such candidate. “(b) The charges made for the use of any broadcasting station for any of the purposes set forth in this section shall not exceed the charges made for comparable use of such station for other purposes. “(c) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.” " Sec. 12. Such Act is amended by adding after section 315 the following section: 66 Stat. 718 " “modification by commission of construction permits or licenses “Sec. 316.

(a)Any station license or construction permit may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this Act or of any treaty ratified by the United States Notification of licensee.will be more fully complied with. No such order of modification shall become final until the holder of the license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall have been given reasonable opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue: *Provided*, That where safety of life or property is involved, the Commission may by order provide for a shorter period of notice. “(b) In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission.” " Sec. 13.

(a)The first sentence of subsection

(a)of section 319 of[47 USC 319](/us/usc/t47/s319). such Act is amended by striking out the words “upon written application therefor”.

(b)Subsection

(a)of section 319 of such Act is amended by striking out the second sentence thereof, and the third sentence thereof is amended by striking out “This application shall set forth” and inserting in lieu thereof “The application for a construction permit shall set forth”.

(c)Subsection

(b)of section 319 of such Act is amended by striking out the second sentence thereof.

(d)Such section 319 is amended by striking out the last two sentences of subsection

(b)thereof, and by inserting at the end of such section the following subsection: " “(c) Upon the completion of any station for the construction orLicense for operation. continued construction of which a permit has been granted, and upon it being made to appear to the Commission that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission, make the operation of such station against the public interest, the Commission shall issue a license to the lawful holder of said permit for the operation of said station. Said license shall conform generally to the terms of *Ante*, p. 715.said permit. The provisions of section 309 (a), (b), and

(c)shall not apply with respect to any station license the issuance of which is provided for and governed by the provisions of this subsection.” " Sec. 14. Section 402 of such Act is amended to read as follows:[47 USC 402](/us/usc/t47/s402). " “proceedings to enjoin, set aside, annul, or suspend orders of the commission “Sec. 402.

(a)Any proceeding to enjoin, set aside, annul, or suspend any order of the Commission under this Act (except those appealable under subsection

(b)of this section) shall be brought as provided [64 Stat. 1129](/us/stat/64/1129).by and in the manner prescribed in Public Law 901, Eighty-first Congress, approved December 29, 1950. “(b) Appeals may be taken from decisions and orders of the CommissionAppeals. to the United States Court of Appeals for (he District of Columbia in any of the following cases: “(1) By any applicant tor a construction permit or station license, whose application is denied by the Commission. 66 Stat. 719 “(2) By any applicant for the renewal or modification of any such instrument of authorization whose application is denied by the Commission. “(3) By any party to an application for authority to transfer, assign, or dispose of any such instrument of authorization, or any rights thereunder, whose, application is denied by the Commission. “(4) By any applicant for the permit required by section 325 of[47 USC 325](/us/usc/t47/s325). this Act whose application has been denied by the Commission, or by any permittee under said section whose permit, has been revoked by the Commission, “(5) By the holder of any construction permit or station license which has been modified or revoked by the Commission. “(6) By any other person who is aggrieved or whose interests are adversely affected by any order of the Commission granting or denying any application described in paragraphs (1), (2), (3), and

(4)hereof. “(7) By any person upon whom an order to cease and desist has been served under section 312 of this Act.*Ante*, p. 716. “(8) By any radio operator whose license has been suspended by the Commission. “(c) Such appeal shall be taken by filing a notice of appeal with the court within thirty days from the date upon which public notice is given of the decision or order complained of. Such notice of appeal shall contain a concise statement of the nature of the proceedings as to which the appeal is taken; a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and proof of service of a true copy of said notice and statement upon the Commission. Upon filing of such notice, the court shall have jurisdiction of the proceedings and of the questions determined therein and shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as it may deem just and proper. Orders granting temporary relief may be either affirmative or negative in their scope and application so as to permit either the maintenance of the status quo in the matter in which the appeal is taken or the restoration of a position or status terminated or adversely affected by the order appealed from and shall, unless otherwise ordered by the court, be effective pending hearing and determination of said appeal and compliance by the Commission with the final judgment of the court rendered in said appeal. “(d) Upon the filing of any such notice of appeal the Commission shall, not later than five days after the date of service upon it, notify each person shown by the records of the Commission to be interested in said appeal of the filing and pendency of the same and shall thereafter permit any such person to inspect and make copies of said notice and statement of reasons therefor at the office of the Commission in the city of Washington. Within thirty days after the filing of an appeal, the Commission shall file with the court a copy of the order complained of, a full statement in writing of the facts and grounds relied upon by it in support of the order involved upon said appeal, and the originals or certified copies of all papers and evidence presented to and considered by it in entering said order. “(e) Within thirty days after the filing of any such appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a. verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission. Any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the 66 Stat. 720 Commission complained of shall be considered an interested party. “(f) The record and briefs upon which any such appeal shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner as the court may by rule prescribe. “(g) At the earliest convenient time the court shall hear and determine the appeal upon the record before it in the manner prescribed [60 Stat. 243](/us/stat/60/243).[5 USC 1009](/us/usc/t5/s1009).by section 10

(e)of the Administrative Procedure Act. “(h) In the event that the court shall render a decision and enter an order reversing the order of the Commission, it shall remand the case to the Commission to carry out the judgment of the court and it shall be the duty of the Commission, in the absence of the proceedings to review such judgment, to forthwith give effect thereto, and unless otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was heard and determined. “(i) The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof. “(j) The court’s judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on [62 Stat. 928](/us/stat/62/928).petition therefor under section 1254 of title 28 of the United States Code, by the appellant, by the Commission, or by any interested party intervening in the appeal, or by certification by the court pursuant to the provisions of that section.” " Sec. 15. Section 405 of such Act is amended to read as follows:[47 USC 405](/us/usc/t47/s405). " “rehearings before commission “Sec. 405. After a decision, order, or requirement has been made by the Commission in any proceeding, and party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may petition for rehearing; and it shall be lawful for the Commission, in its discretion, to grant such a rehearing if sufficient reason therefor be made to appear. Petitions for rehearing must be filed within thirty days from the date upon which public notice is given of any decision, order, or requirement complained of. No such application shall excuse any person from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such decision, order, or requirements except where the party seeking such review

(1)was not a party to the proceedings resulting in such decision, order, or requirement, or

(2)relies on questions of fact or law upon which the Commission has been afforded no opportunity to pass. Rehearings shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission believes should have been taken in the original proceeding shall be taken on any rehearing. The time within which a petition for review must be filed in a proceeding to *Ante*, p. 718.which section 402

(a)applies, or within which an appeal must be taken under section 402 (b), shall be computed from the date upon which public notice is given of orders disposing of all petitions for rehearing filed in any case, but any decision, order, or requirement made after such rehearing reversing, changing, or modifying the original order 66 Stat. 721 shall be subject to the same provisions with respect to rehearing as an original order.” " Sec. 16.

(a)Section 409

(a)of such Act is amended to read as follows:[47 USC 409](/us/usc/t47/s409). " “Sec. 409.

(a)In every case of adjudication (as defined in the Administrative Procedure Act) which has been designated for a hearing[60 Stat. 237](/us/stat/60/237).[5 USC 1001 note](/us/usc/t5/s1001). by the Commission, the hearing shall be conducted by the Commission or by one or more examiners provided for in section 11 of the Administrative Procedure Act, designated by the Commission. “(b) The officer or officers conducting a hearing to which subsection

(a)applies shall prepare and file an initial decision, except where the hearing officer becomes unavailable to the Commission or where the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably require that the record be certified to the Commission for initial or final decision. In all such cases the Commission shall permit the filing of exceptions to such initial decision by any party to the proceeding and shall, upon request, hear oral argument on such exceptions before the entry of any final decision, order, or requirement. All decisions, including the initial decision, shall become a part of the record and shall include a statement of

(1)findings and conclusions, as well us the basis therefor, upon all material issues of fact, law, or discretion, presented on the record; and

(2)the appropriate decision, order, or requirement, “(c)

(1)In any case of adjudication (as defined in the Administrative Procedure Act) which has been designated for a hearing by the Commission, no examiner conducting or participating in the conduct of such hearing shall, except to the extent required for the disposition of ex parts matters as authorized by law, consult any person (except another examiner participating in the conduct of such hearing) on any fact or question of law in issue, unless upon notice and opportunity for all parties to participate. In the performance of his duties, no such examiner shall be responsible to or subject to the supervision or direction of any person engaged in the performance of investigative, prosecutory, or other functions for the Commission or any other agency of the Government. No examiner conducting or participating in the conduct of any such hearing shall advise or consult with the Commission or any member or employee of the Commission (except another examiner participating in the conduct of such hearing) with respect to the initial decision in the case or with respect to exceptions taken to the findings, rulings, or recommendations made in such case. “(2) In any case of adjudication (as defined in the Administrative Procedure Act) which has been designated for a hearing by the Commission, no person who has participated in the presentation or preparation for presentation of such ease before an examiner or examiners or the Commission, and no member of the Office of the General Counsel, the Office of the Chief Engineer, or the Office of the Chief Accountant shall (except to the extent required for the disposition of ex parts matters as authorized by law) directly or indirectly make any additional presentation respecting such case, unless upon notice and opportunity for all parties to participate, “(3) No person or persons engaged in the performance of investigative or prosecuting functions for the Commission, or in any litigation before any court in any case arising under this Act, shall advise, consult, or participate in any case of adjudication (as defined in the Administrative Procedure Act) which has been designated for a hearing by the Commission, except as a witness or counsel in public proceedings. 66 Stat. 722 “(d) To the extent that the foregoing provisions of this section are [60 Stat. 237](/us/stat/60/237).[5 USC 1001 note](/us/usc/t5/s1001).in conflict with provisions of the Administrative Procedure Act, such provisions of this section shall be held to supersede and modify the provisions of that Act.” "

(b)Subsections (b), (c), (d), (e), (f), (g), (h),

(i)and

(j)of [47 USC 409](/us/usc/t47/s409).section 409 are hereby redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (l), and (m),respectively. Sec. 17. Section 410

(a)of such Act is amended by striking out the[47 USC 410](/us/usc/t47/s410). first sentence thereof, and by inserting in lieu of such sentence the Joint board.following: “Except as provided in section 409, the Commission may refer any matter arising in the administration of this Act to a joint board to be com loosed of a member, or of an equal number of members, as determined by the Commission, from each of the States in which the wire or radio communication affected by or involved in the proceeding takes place or is proposed. For purposes of acting upon such matter any such board shall have all the jurisdiction and powers conferred by law upon the Commission, and shall be subject to the same duties and obligations.” Sec. 18.

(a)Title 18, United States Code, “Crimes and Criminal Procedure”, is amended by adding the following new section [62 Stat. 763](/us/stat/62/763).immediately after section 1342: " § 1343. Fraud by wire, radio, or television. “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of interstate wire, radio, or television communication, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000 or imprisoned not more than five years, or both.” "

(b)The analysis of chapter 63 of title 18, United States Code, is amended by adding at the end thereof the following new item: “1343. Fraud by wire, radio, or television.” Sec. 19. This Act shall take effect on the date of its enactment, but—Effective date.

(1)Insofar as the amendments made by this Act to the Communications Act of 1934 provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act.

(2)The amendments made by this Act to section 402 of the Communications*Ante* p. 718. Act of 1934 (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act. Approved July 16, 1952. Public Law 555: To amend section 8 of the Civil Service Retirement Act of May 29, 1930, as amended. Public Law 555 Public Law 555 66 Stat. 722 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public Public Law 555 chapter 880 AN ACT To amend section 8 of the Civil Service Retirement Act of May 29, 1930, as amended.July 16, 1952[[S. 2968](/us/bill/82/s/2968)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Civil Service Retirement Act, amendments.[46 Stat. 475](/us/stat/46/475). That section 8 of the Civil Service Retirement Act of May 29, 1930, as amended (5 U. S. C. 736c), is amended by adding at the end thereof the following: " “(c)

(1)The annuity of any retired employee or of any survivorAnnuity increase. of a deceased or retired employee who, before the date of enactment 66 Stat. 723 of this amendment, was receiving or entitled to receive an annuity from the civil-service retirement and disability fund, shall be increased, effective on the first day of the second month following enactment of this amendment, by $36 for each full six-month period elapsed between the commencing date of annuity and October 1, 1952: *Provided*, That, such increase in annuity shall not exceed the lesser of $324 or 25 per centum of the present annuity: *Provided further*, That no annuity shall be increased to an amount in excess of $2,160 by reason of the enactment of this amendment: *And, provided further*, That theRestriction. increases to retired employees provided by this subsection shall not operate to increase the annuities of their survivors. “(2) The increases in annuity provided by this subsection shall beTermination. paid from the civil-service retirement and disability fund, and shall terminate, without subsequent resumption, on June 30, 1955, or on an earlier date under any one of the following conditions, whichever may first occur: “(A) At the end of the second month following the third consecutiveConditions. month for which the Consumers’ Price Index of the Bureau of Labor Statistics is less than 169.9, the index for the month of April 1948. In the event that the Bureau of Labor Statistics revises the basis of calculating the Consumers’ Price Index, it shall immediately furnish to the Commission a conversion factor designed to adjust to the new basis the index figure of 169.9 described herein, and such adjusted index shall be used for the purposes of this subsection. “(B) On June 30, 1954, unless an appropriation is made to the civil-service retirement and disability fund in the applicable annual appropriation Act, for the fiscal year 1955, or in any prior appropriation Act, for the specific purpose of compensating said fund for the cost, as determined by the Commission, of increases provided by this subsection during the fiscal years 1954 and 1955.” " Sec. 2.

(a)There is hereby created a body to be known as theCommittee on Retirement Policy for Federal personnel. Committee on Retirement Policy for Federal Personnel, which shall be composed of a chairman appointed by the President and, ex officio, the Secretary of the Treasury, the Secretary of Defense, the Chairman of the Board of Governors of the Federal Reserve System, the Director of the Bureau of the Budget, and the Chairman of the Civil Service Commission.

(b)The Committee shall make a comparative study of all retirementDuties.Report. systems for all Federal personnel and report to the Congress not later than December 31, 1953. Its report, including findings and recommendations, shall include the following:

(1)the types and amounts of retirement and other related benefits provided to Federal personnel, including their role in the compensation system as a whole;

(2)the necessity for special benefit provisions for selected employee groups, including overseas personnel and employees in hazardous occupations;

(3)the relationships of these retirement systems to one another, to the Federal employees’ compensation system, and to such general systems as old-age and survivors insurance; and

(4)the current financial status of the several systems, the most desirable methods of cost determination and funding, the division of costs between the Government and the members of the systems, and the policies that should be followed in meeting the Government’s portion of the cost of the various systems.

(c)The Chairman of said Committee, under such rules and regulations as the President may prescribe, is authorized to procure services pursuant to section 15‘of the Act of August 2, 1946 (5 U. S. C. 66 Stat. 724 55a), and subject to the civil-service laws and the Classification Act[60 Stat. 810](/us/stat/60/810).[63 Stat. 954](/us/stat/63/954).[5 USC 1071 note](/us/usc/t5/s1071). of 1949, as amended, to appoint and fix the compensation of such attorneys and other personnel as may be necessary to carry out the Appropriation.provisions of this section. There are hereby authorized to be appropriated to the President such sums as may be necessary to carry out the provisions of this section. Sec. 3. Section 13 of the Civil Service Retirement Act of May 29, [46 Stat. 476](/us/stat/46/476).1930, as amended (5 U. S. C. 716), is amended by adding at the end thereof the following paragraph: " “Any person entitled to annuity from the civil-service retirementWaiver. and disability fund may decline to accept all or any part of such annuity by a waiver signed and filed with the Commission. Such waiver may be revoked in writing at any time, but no payment of the annuity waived shall be made covering the period during which such waiver was in effect.” " Approved July 16, 1952. Public Law 556: To amend part I of the Interstate Commerce Act to provide for filing of equipment trust agreements and of her documents evidencing or relating to the lease, mortgage, conditional sale, or bailment of railroad equipment. Public Law 556 Public Law 556 66 Stat. 724 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public Public Law 556 chapter 881 AN ACT To amend part I of the Interstate Commerce Act to provide for filing of equipment trust agreements and of her documents evidencing or relating to the lease, mortgage, conditional sale, or bailment of railroad equipment.July 16, 1952[[S. 3161](/us/bill/82/s/3161)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Interstate Commerce Act, amendment.[24 Stat. 379](/us/stat/24/379).[49 USC ch. 1](/us/usc/t49/ch1).Railroad equipment. That part 1 of the Interstate Commerce Act, as amended (U. S. C., title 49), is hereby amended by inserting, after section 20b, the following new section: " “Sec. 20c. Any mortgage, lease, equipment trust agreement, conditional sale agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of railroad ears, locomotives, or other rolling stock, used or intended for use in connection with interstate commerce, or any assignment of rights or interest under any such instrument, or any supplement or amendment to any such instrument or assignment, (including any release, discharge or satisfaction thereof, in whole or in part), may be filed with the Commission, provided such instrument, assignment, supplement or amendment is in writing, executed by the parties thereto, and acknowledged or verified in accordance with such requirements as the Commission shall prescribe; and any such instrument or other document, when so filed with the Commission, shall constitute notice to and shall be valid and enforceable against all persons including, without limitation, any purchaser from, or mortgagee, creditor, receiver, or trustee in bankruptcy of, the mortgagor, buyer, lessee or bailee of the equipment covered thereby, from and after the time such instrument or other document is so filed with the Commission; and such instrument or other document need not be otherwise filed, deposited, registered or recorded under the provisions of any other law of the United States of America, or of any State (or political subdivision thereof), territory, district or possession thereof, respecting the filing, deposit, registration or recordation of such instruments or documents. The Commission shall establish and maintain a system for the recordation of each such instrument or document, filed pursuant to the provisions of this section, and shall cause to be marked or stamped thereon, a consecutive number, as well as the date and hour of such recordation, and shall maintain, open to public inspection, an index of all such instruments or documents, including any assignment, amendment, release, discharge or satisfac- 66 Stat. 725tion thereof, mid shall record, in such index the names and addresses of the principal debtors, trustees, guarantors and other parties thereto, as well as such other facts as may be necessary to facilitate the determination of the rights of the parties to such transactions” " Approved July 16, 1952. Public Law 557: To facilitate the performance of research anti development work by and on behalf of the Departments of the Army, the Navy, and the Air Force, and for other purposes. Public Law 557 Public Law 557 66 Stat. 725 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public Public Law 557 chapter 882 AN ACT To facilitate the performance of research anti development work by and on behalf of the Departments of the Army, the Navy, and the Air Force, and for other purposes.July 16, 1952[[H. R. 1180](/us/bill/82/hr/1180)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Armed forces.Research end development. That each of the Secretaries of the military departments is hereby authorized to establish such advisory committees or panels as may be necessary for the conduct of the research and development activities of his department, and to employ such part-time advisory personnel as they may deem necessary in carrying out such activities. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a rate not to exceed $50 for each day of service, as determined by the appointing authority. Sec. 2. No provision of law prohibiting employment of or paymentEmployment of noncitizens. of compensation or expenses to any person not a citizen of the United States shall apply to any expert, scientific, technical, or professional person whose appointment or employment in connection with the research and development activities of the military departments is determined by the Secretary concerned to be necessary. Sec. 3. Contracts of the military departments for services and useContracts. of facilities for research or development may be made for a term not to exceed five years, and may be extended for an additional period not to exceed five years, subject to the availability of appropriations therefor. Sec. 4. Any contract of the military departments for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor of such research, developmental, or test facilities and equipment as may be determined by the Secretary concerned to be necessary for the performance thereof. Such research, developmental, or test facilities and equipment, including specialized housing therefor, may be acquired or constructed at Government expense, and may be furnished to the contractor by lease, loan, or sale at fair value, and with or without reimbursement to the Government for the use thereof: *Provided*, That nothing contained in this subsection shall be deemed to authorize new construction or improvements having general utility: *Provided further*, That nothing contained herein shall be deemed to authorize the installation or construction of facilities on property not owned by the Government which would not be readily removable or separable without unreasonable expense or unreasonable loss of value, unless adequate provision is made in the contract for

(1)reimbursement to the Government of the fair value of such facilities upon the completion or termination of the contract, or within a reasonable time thereafter, or

(2)an 66 Stat. 726 option in the Government to acquire the underlying land, or

(3)such other provisions as will in the opinion of the Secretary concerned be adequate to protect the Government’s interest in such facilities: *And provided further*, That all moneys arising from sales or reimbursement under this section shall be covered into the Treasury as miscellaneous receipts, except to the extent otherwise authorized by law Reports.with respect to contractor-acquired property. The Secretary of each of the military departments shall transmit to the Congress reports covering contracts for research or development entered into during each six months following the enactment of this Act. Each such report shall contain

(1)a list of each contract for research or development entered into during such period the total cost of which to the Government will exceed $50,000, and

(2)specific information with respect to each such contract, except that specific information the disclosure of which he deems incompatible with the security of the United States may be excluded from such reports. Sec. 5. With the approval of the Secretary concerned, any contract of the military departments for research or development, or both, may provide that the Government will indemnify the contractor against either or both of the following, to the extent that they arise out of the direct performance of said contract and are not compensated by insurance or otherwise:

(1)Liability on account of claims (including reasonable expenses of litigation or settlement of such claims) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, arising as a result of a risk defined in the contract to be unusually hazardous: *Provided*, That any contract so providing shall also contain appropriate provisions for notice to the Government of suits or actions filed or claims made, against the contractor, with respect to any alleged liability for such death, bodily injury, or loss of or damage to property, and for control of or assistance in the defense of any such suit, action, or claims, by the Government, at its election; and

(2)loss of or damage to property of the contractor arising as a result of a risk defined in the contract to be unusually hazardous: *And provided further*, That, no payment shall be made by the Government under authority of this section unless the amount thereof shall first have been certified to be just and reasonable by the Secretary concerned or by an official of the department designated for such purpose by the Secretary. Any such payment may be made, with the approval of the Secretary concerned, out of any funds obligated for the performance of such contract or out of funds available for research and development work and not otherwise obligated; or out of any funds appropriated by the Congress for the making of such payments. Sec. 6. Each of the Secretaries of the military departments isRegulations. authorized to prescribe, with the approval of the Secretary of Defense and of the Comptroller General of the United States, regulations for his department stating the extent to which vouchers for funds expended under any contract for research or development, or both, shall be subject to itemization, substantiation, or certification prior to payment, without regard to the limitations of other laws relating to the expenditure of public funds and accounting therefor. Sec. 7. Each of the Secretaries of the military departments isDelegations of authority. authorized to delegate any authority provided by this Act to the Under Secretary or any Assistant Secretary of his department and, except the authority under the second proviso in section 4 hereof, the said Secretaries may delegate any authority provided by this Act to the chiefs of the technical services, bureaus, or offices and to one assistant 66 Stat. 727 to each such chief. The power to negotiate, execute, and administer contracts for research or development, or both, may be further delegated, subject to the provisions of any other applicable law. Approved July 16, 1952. Public Law 558: To amend title IV of the National Housing Act, as amended. Public Law 558 Public Law 558 66 Stat. 527 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public Public Law 558 chapter 883 AN ACT To amend title IV of the National Housing Act, as amended.July 16, 1952[[H. R. 3177](/us/bill/82/hr/3177)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Insured member.[48 Stat. 1255](/us/stat/48/1255).[12 USC 1724](/us/usc/t12/s1724). That section 401

(b)of the National Housing Act, as amended, is hereby amended to read as follows: " “(b) The term ‘insured member’ means an individual, partnership, association, or corporation which holds an insured account. Each officer, employee, or agent of the United States, of any State of the United States, of the District of Columbia, of any Territory of the United States; of Puerto Rico, of the Virgin Islands, of any county, of any municipality, or of airy political subdivision thereof, herein called ‘public unit’, having official custody of public funds and lawfully investing the same in an insured institution shall, for the purpose of determining the amount of the insured account, be deemed an insured member in such custodial capacity separate and distinct from any other officer, employee, or agent of the same or any public unit having official custody of public funds and lawfully investing the same in the same insured institution in custodial capacity. Funds held in fiduciary capacity, when invested in an insured institution, shall be insured in an amount not to exceed $10,000 for each trust estate, and notwithstanding any other provisions of this Act, such insurance shall be separate from and additional to that covering other investments by the owners of such trust funds or the beneficiaries of such trust estates.” " Approved July 16, 1952. Public Law 559: To amend the Act entitled “An Act to authorize the conveyance of a portion of the United States military reservation at Fort Schuyler, New York, to the State of New York for use as a maritime school, and for other purposes”, approved September 5, 1950. Public Law 559 Public Law 559 66 Stat. 527 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public Public Law 559 chapter 884 AN ACT To amend the Act entitled “An Act to authorize the conveyance of a portion of the United States military reservation at Fort Schuyler, New York, to the State of New York for use as a maritime school, and for other purposes”, approved September 5, 1950.July 16, 1952[[H. R. 4021](/us/bill/82/hr/4021)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, U. S. Military Reservation, Fort Schuyler, N. Y.Conveyance.[64 Stat. 591](/us/stat/64/591). That the first section of the Act entitled “An Act to authorize the conveyance of a portion of the United States military reservation at Fort Schuyler, New York, to the State of New York for use as a maritime school, and for other purposes”, approved September 5, 1950 (Public Law 755, Eighty-first Congress), is hereby amended to read as follows: “That the Secretary of the Army is authorized to convey to the people of the State of New York all that portion of the United States Military Reservation at Fort Schuyler, in the borough and county of Bronx in the city of New York, State of New’ York, together with all improvements thereon, bounded and described as follows, to wit: Commencing at a point (latitude forty degrees forty-eight minutes twenty-three seconds north; longitude seventy-three degrees forty-seven minutes fifty- 66 Stat. 728two seconds west) fixed on the south sea wall which is approximately twenty-five and five-tenths feet westerly from an angle in said sea wall and running thence in a northeasterly direction five hundred ninety-two and five-tenths feet, more or less, to a point on the north sea wall which is approximately one hundred ninety-six and five-tenths feet westerly from an angle in the north sea wall (said line running along the easterly edge of a concrete curb for an eighteen-foot concrete road running in a northeasterly and southwesterly direction); thence continuing in the same course to the point where said line intersects the northerly exterior line of a grant of lands under water made by the State of New York to the United States of America by Letters Patent dated May 26, 1880, and recorded in the office of the secretary of state of the State of New York in Book 44 of Patents at page 604; thence running easterly, southerly, and westerly along the exterior northerly, easterly, and southerly line of said grant to a point in the exterior southerly line thereof which is in range with the course first above described; thence running in a northeasterly direction to the point and place of beginning, intending to include within said bounds a portion of the uplands which were conveyed by William Bayard, Junior, and Charles Henry Hammond to the United States of America by deed dated July 26, 1826, and recorded in the office of the clerk of the county of Westchester, New York, on November 30, 1826, in Liber 28 of Deeds at page 225, and by Charles H, Hammond and Thomas Bolton, one of the masters in chancery of the State of New York, to the United States of America by deed dated August 25, 1828, and recorded in the office of the clerk of the county of Westchester, New York, on December 11, 1828, in Liber 33 of Deeds at page 296, together with a portion of contiguous lands under water which were granted by the State of New York to the United States of America by Letters Patent dated May 26, 1880, and recorded in the office of the secretary of state of the State of New York in Book 44 of Patents at page 604; together with such easements for highway or other purposes, over that portion of such reservation which is not herein authorized to be conveyed to the people of the State of New York, as may be necessary for the proper use and enjoyment of the portion so conveyed as may be determined by agreement between the, Secretary of the Navy and the appropriate officials of the State of New York.” Sec. 2. Section 3 of the Act is amended to read as follows: " “Such conveyance shall contain the further provision that during any emergency declared by the President or the Congress of the United States in existence at the time of enactment of this Act, or whenever the President or the Congress of the United States declares a state of war or other national emergency, and upon the determination by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force that the property so conveyed is useful for military, air, or naval purposes or in the interest of national defense, the United States shall have the right, without charge, except as indicated below, to the full, unrestricted possession, control, and use of the property conveyed, or any part thereof, including any additions or improvements thereto made by the State subsequent to this conveyance: *Provided, however*, That the United States shall be responsible during the period of such use for the entire cost of maintaining all of the property so used, and shall pay a fair rental for the use of any structures or other improvements which have been added thereto without Federal aid.” " Approved July 16, 1952. Public Law 560: To provide for the conveyance to Potter County, Texas, of certain surplus lands located at the Veterans’ Administration hospital near Amarillo. Public Law 560 Public Law 560 66 Stat. 729 1952-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-16 82 2 public

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