All 66 Stat. 720.

60 Stat. 243.

5 U.S.C.

$ 1009.

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 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. 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.""

47 U.S.C..

§ 405.

SEC. 15. Section 405 of such Act is amended to read as follows:

"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 requirement, 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

A11 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 47 U.S.C.
$409.

follows:

the

"SEC. 409. (a) In every case of adjudication (as defined in the
Administrative Procedure Act) which has been designated for a hear- 60 Stat. 237.
ing by the Commission, the hearing shall be conducted by the Com- 5 U.S.c.
mission or by one or more examiners provided for in section 11 of 8 1001 note.
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 state-
ment of (1) findings and conclusions, as well as the basis therefor,
upon all material issues of fact, law, or discretion, presented on the
record; and (2) the appropriate decísion, order, or requirement.

"(c) (1) In any case of adjudication (as defined in the Administra-
tive 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 disposi-
tion of ex parte matters as authorized by law, consult any person
(except another examiner participating in the conduct of such hear-
ing) 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 recom-
mendations 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 Com-
mission, no person who has participated in the presentation or prepa-
ration for presentation of such case before an examiner or examiners
or the Commission, and no member of the Office of the General Coun-
sel, the Office of the Chief Engineer, or the Office of the Chief Account-
ant shall (except to the extent required for the disposition of ex parte
matters as authorized by law) dírectly or indirectly make any addi-
tional presentation respecting such case, unless upon notice and oppor-
tunity 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.

All 66 Stat. 722.

60 Stat. 237.

5 U.S.C.

$ 1001 note.

47 U.S.C.
409.
47 U.S.C.
410.

Joint board.

(d) To the extent that the foregoing provisions of this section are 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 section 409 are hereby redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.

SEC. 17. Section 410 (a) of such Act is amended by striking out the first sentence thereof, and by inserting in lieu of such sentence the 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 composed 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 immedi62 Stat. 763. ately after section 1342: "S 1343. Fraud by wire, radio, or television.

Effective date.

Ante, p. 718.

"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(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 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.

Chapter 342

1st Session

S. 2491

AN ACT

All 67 Stat. 440.

To authorize certain construction at military and naval installations, and for the Alaska Communication System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Military, naval, United States of America in Congress assembled,

TITLE I

and Alaska Communication System installations. Construction,

SEC. 101. The Secretary of the Army is hereby authorized to estab- eto. lish or develop military installations and facilities by the construction, Army. conversion, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, as follows:

CONTINENTAL UNITED STATES

TECHNICAL SERVICES FACILITIES

(Ordnance Corps)

Aberdeen Proving Ground, Maryland: Research and development facilities, $738,000.

Letterkenny Ordnance Depot, Pennsylvania: Storage and operational facilities, $783,000.

Picatinny Arsenal, New Jersey: Operational facilities, and utilities, $1,531,000.

Pueblo Ordnance Depot, Colorado: Storage and operational facilities, $563,000.

Red River Arsenal, Texas: Operational facility and utilities, $1,808,000.

Savanna Ordnance Depot, Illinois: Operational and storage facilities, $572,000.

Seneca Ordnance Depot, New York: Storage and operational facilities, $312,000.

Sierra Ordnance Depot, California: Storage and operational facilities, $772,000.

Watervliet Arsenal, New York: Operational facilities, $584,000. White Sands Proving Grounds, New Mexico: Research and development facilities, and utilities, $2,917,000.

(Transportation Corps)

Kings Bay Ammunition Loading Terminal, Georgia: Ammunition loading terminal, including acquisition of land, $21,657,000.

FIELD FORCE FACILITIES

(First Army Area)

Fort Wadsworth, New York: Maintenance facility, $342,000.

(Second Army Area)

Carlisle Barracks, Pennsylvania: Training building, $95,000.
Camp Perry, Ohio: Training facility, $354,000.

(Third Army Area)

Fort Benning, Georgia: Maintenance facility and utilities, $445,000.

All 67 Stat 441.

Classified in

facilities.

(Fourth Army Area)

Fort Bliss, Texas: Troop housing, troop support, covered storage, and land acquisition, $8,166,000.

Camp Polk, Louisiana: Land acquisition, $67,000.

(Fifth Army Area)

AAA firing range, Camp Claybanks, Michigan: Troop housing, troop support, administrative, maintenance, medical, training facili ties, ammunition storage, and utilities, $782,000.

Camp Haven, Wisconsin: Land acquisition, $56,000.

(Sixth Army Area)

Camp Irwin, California: Maintenance facilities, $434,000.
(Special Weapons Project)

Construction at classified installations, $1,025,000.

OUTSIDE CONTINENTAL UNITED STATES

(Alaskan Area)

AAA firing range, Turnagain Arm, Alaska: Land acquisition and training facilities, $345,000.

Kenai, Alaska: Troop housing, family housing, and utilities, $737,000.

Ladd Air Force Base, Alaska: Maintenance facilities, and utilities, $2,054,000.

Fort Richardson, Alaska: Utilities, $1,665,000.

(Far East Command Area)

Okinawa: Troop housing, troop support, family housing, medical facility, covered storage, and utilities, $15,759,000.

SEC. 102. The Secretary of the Army is hereby authorized to estabstallations and lish or develop classified military installations and facilities by the acquisition of land and the construction, conversion, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities in a total amount of $69,108,000.

Navy.

TITLE II

SEC. 201. The Secretary of the Navy is hereby authorized to establish or develop military installations and facilities by the construction, conversion, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, as follows:

CONTINENTAL UNITED STATES

SHIPYARD FACILITIES

Naval shipyard, Bremerton, Washington: Crane tracks for drydock, $1,066,000.

David Taylor Model Basin, Carderock, Maryland: Test tunnel, $800,000.

Naval shipyard, Norfolk, Virginia: Crane tracks for drydock, $975,000.

Naval boiler and turbine laboratory, Philadelphia, Pennsylvania: Boiler test facilities, $1,431,000.