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The Civil Aeronautics Act does not now provide criminal penalties for violations of the rules and regulations in connection with the transportation of explosives and other dangerous articles in air commerce, although the act does provide (49 U. S. C. 621) a civil penalty of not to exceed $1,000 for violations of civil air regulations. Existing law (18 U. S. C. 831-835) also provides that any person who commits violations of the regulations of the Interstate Commerce Commission relating to the transportation of explosives in interstate and foreign commerce by land or water, shall be subject to a fine of not more than $1,000 or imprisonment for not more than 1 year, or both. If death or bodily injury results from such a violation, the penalty is a fine of not more than $10,000 or imprisonment for not more than 10 years, or both.

It is the view of this Department that the penalties prescribed under present law for such violations relating to interstate and foreign commerce by land or water are consonant with the offense, and that no greater penalties should be prescribed for such violations relating to air commerce. A provision for a maximum imprisonment for more than 1 year, with the consequent requirement for prosecution by indictment and the stigma of commission of a felony, would appear to be out of proportion to the gravity of the offense, with the exception of cases in which death or bodily injury results therefrom. It would also seem inadvisable to provide minimum penalties as such matter should probably be left to the discretion of the court.

Accordingly, it is suggested that the bill be amended by striking the words "less than $100 nor more than $5,000, or to imprisonment not exceeding eighteen months,” from lines 7-9, page 2 of the bill, and inserting in lieu thereof the following language: "more than $1,000, or to imprisonment not exceeding one year." The words "less than $1,000 and not,” should also be deleted from lines 13 and 14, page 2, of the bill.

Subject to the foregoing suggested amendments, this Department would have no objection to the enactment of the bill.

The Director of the Bureau of the Budget has advised that there is no objection to the submission of this report. Yours sincerely,

PEYTON FORD,
The Assistant to the Atlorney General.

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AUTHORIZING THE TRANSFER TO THE ATTORNEY GENERAL OF THE UNITED STATES OF A PORTION OF THE VIGO PLANT, FORMERLY THE VIGO ORDNANCE PLANT, NEAR TERRE HAUTE; IND., TO SUPPLEMENT THE FARM LANDS REQUIRED FOR THE UNITED STATES PRISON SYSTEM

JULY 6, 1949.-Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. Dawson, from the Committee on Expenditures in the Executive

Departments, submitted the following

REPORT

(To accompany H. R. 4442)

The Committee on Expenditures in the Executive Departments, to whom was referred the bill (H. R. 4442) to authorize the transfer to the Attorney General of a portion of the Vigo plant, formerly the Vigo ordnance plant, near Terre Haute, Ind., to supplement the farm lands required for the United States prison system, companion bill to S. 1745, baving considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, line 3, strike out “War Assets" and insert in lieu thereof "General Services”.

STATEMENT On July 21, 1947, the War Department granted to the Dep?rtment of Justice a revocable permit to occupy and use the tract of land described in this bill. Since that date the Bureau of Prisons of the Department of Justice has been using the property in connection with the United States penitentiary at Terre Haute, Ind. Subsequently, on October 30. 1947, the War Department declared the Vigo plant surplus to its n'eds, and the War Assets Administration assumed possession of the plant for disposal. Since that date, 1 e Bureau of Prisons has occupied the subject tract by permission o. the War Assets Administration.

Continued occupancy of this tract by the Bureau of Prisons is essential to its program to place the Federal prison system as nearly as possible on a self-sustaining basis.

Reports of the Department of Justice and the Bureau of the Budget on this measure follow:

May 6, 1949, Hon. William L. Dawson, Chairman, Committee on Expenditures in the Executive Departments,

House of Representatives, Washington, D. C. MY DEAR MR. Dawson: This is in response to your request for the views of the Department of Justice relative to the bills (H. R. 44-12 and H. R. 4455) authorizing the transfer of certain portions of the Vigo plant, formerly the Vigo ordnance plant, near Terre Haute, Ind., to the Attorney General for utilization in connection with the United States Penitentiary at Terre Haute, Ind.

H. R. 4442 would authorize and direct the War Assets Administrator to transfer approximately 1,472 acres of land, with improvements, to the control and jurisdiction of the Attorney General, for the use of the Bureau of Prisons in connection with the United States Penitentiary at Terre Haute, Ind., said transfer to be effected without reimbursement or transfer of funds. H. R. 4455 would authorize and direct a similar transfer of an additional 83.8 acres of land, with improvements.

The occupancy and use of the tract of land covered by H. R. 4442 has in the past been made available to the Bureau of Prisons for use in connection with the United States Penitentiary at Terre Haute, Ind., under a revocable permit issued by the Department of the Army. That this land continue to be available to the Bureau of Prisons is considered most desirable in order to further the over-all program of the Federal prison system to be as self-sustaining as possible An important element in carrying out this program is to increase to the fullest extent production at the various institutional farms conducted by the Bureau of Prisons, thereby requiring minimum commercial procurement of agricultural commodities.

The principal purpose of H. R. 4455 is to provide Government-owned land with existing improvements thereon adequate for the housing of approximately 300 employees of the Bureau of Prisons, many of whom are veterans. One of the great difficulties involved in the successful administration of institutions of this type is the frequent turn-over of the employees due to unsatisfactory housing conditions, a situation which is presently causing great concern to the Bureau officials. Approximately 60 acres of this land is tillable and would be used to aid in the reduction of the present high expenditures for additional grain, hay, and straw needed for this and other institutions under the jurisdiction of the Bureau of Prisons.

At the present time the penal institutions at Terre Haute, Ind.; Milan, Mich.; Chillicothe, Ohio; and Ashland, Ky.; are required to purchase approximately 780,000 pounds of grain each year. It is estimated that the use of these farm lands will result in the production of approximately 450,000 pounds of grain and over 450 tons of hay and straw annually. Approximately 23 acres of the tract covered by H. R. 4455 contain buildings which can be used to advantage as housing facilities for employees of the penitentiary at Terre Haute, Ind.

Accordingly, this Department urges the enactment of these bills.

The Director of the Bureau of the Budget has advised that there is no objection to the submission of this report. Yours sincerely,

PEYTON FORD,
The Assistant to the Attorney General.

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET,

Washington 25, D. C., June 1, 1949. Hon. WILLIAM L. DAWSON, Chairman, Committee on Expenditures in the Ececutive Departments,

House of Representatives, Washington, D. C. MY DEAR MR. DAWSON: This is to acknowledge your several letters of April 30, 1949, extending an invitation to the Bureau to comment upon H. R. 4442, to authorize the transfer to the Attorney General of a portion of the Vigo plant, formerly the Vigo ordnance plant, near Terre Haute, Ind., to supplement the farm lands required for the United States prison system, and, H. R. 4455 to

authorize the transfer to the Attorney General of the United States of a portion of the Vigo plant, formerly the Vigo ordnance plant, near Terre Haute, Ind., for use in connection with the United States Penitentiary at Terre Haute.

The lands involved in these proposals have heretofore been made available to the Bureau of Prisons, Department of Justice, by revocable permit issued by the Department of the Army. The Bureau of Prisons has cultivated this acreage to supply the various penal institutions under its supervision, an activity that has resulted in reducing measureably its commercial procurement of agricultural commodities. Approval of these proposals would not only continue to permit these properties, which are now surplus to the needs of the Army, to be available to the Bureau of Prisons for this crop-production program but it will enable some portion of it to be used for the housing of approximately 300 employees of the Bureau, many of whom are veterans.

The Bureau of the Budget feels that these measures warrant the favorable consideration of the committee. Sincerely yours,

H. J. LAWTON,

Assistant Director. O

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