Department of Justice Appropriation Authorization Act
PL 95-624 (S.3151), enacted 11/09/1978

PUBLIC LAW 95-624—NOV. 9, 1978 
92 STAT. 3459 
Public Law 95-624 
95th Congress 
An Act 
To authorize appropriations for the purpose of carrying out the activities of the 
Department of Justice for 
fiscal 
year 1979, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled. That this Act may 
be cited as the "Department of Justice Appropriation Authorization 
Act, Fiscal Year 1979". 
SEC. 2. There are hereby authorized to be appropriated for the fiscal 
year ending September 30, 1979, to carry out the activities of the 
Department of Justice (including any bureau, office, board, division, 
commission, or subdivision thereof), the following amounts: 
(1) For General Administration, including hire of passenger 
motor vehicles and miscellaneous and emergency expenses author-
ized or approved by the Attorney General, or the Associate 
Attorney General or the Assistant Attorney General for Admin-
istration : $28,966,000. 
(2) For General Legal Activities, including miscellaneous and 
emergency expenses authorized or approved by the Attorney Gen-
eral, or the Deputy Attorney General, or the Associate Attorney 
General or the Assistant Attorney General for Administration; 
not to exceed $20,000 for expenses of collecting evidence, to be 
expended under the direction of the Attorney General and 
accounted for solely on his certificate; and advance of public 
moneys under section 3648 of the Eevised Statutes (31 U.S.C. 
529): $95,481,000. 
(3) For the Antitrust Division: $47,080,000. 
(4) For United States Attorneys and Marshals, including pur-
chase of firearms and ammunition; lease and acquisition of law 
enforcement and passenger motor vehicles without regard to the 
general purchase price limitation for the current fiscal year; 
supervision of United States prisoners in non-Federal institutions; 
and bringing to the United States from foreign countries persons 
charged with crime: $221,736,000. 
(5) For Fees and Expenses of "Witnesses, including expenses, 
mileage, compensation and per diems of witnesses in lieu of sub-
sistence, as authorized by law; including advances of public 
moneys except that no sums authorized to be appropriated by this 
Act shall be used to pay any witness more than one attendance 
fee for any one day: $20,144,000. 
(6) For Support of United States Prisoners in non-Federal 
institutions, including necessary clothing and medical aid, pay-
ment of rewards, and reimbursements to Saint Elizabeths Hos-
pital for the care and treatment of United States prisoners, at 
per diem rates as authorized by section 2 of the Act entitled "An 
Act to authorize certain expenditures from the appropriations of 
Saint Elizabeths Hospital, and for other purposes", approved 
August 4, 1947 (24 U.S.C. 168a) : $25,100,000. 
(7) For the Community Relations Service: $5,353,000. 
(8) For the Federal Bureau of Investigation for expenses nec-
essary for the detection and prosecution of crimes against the 
Nov. 9, 1978 
[S. 3151] 
Department of 
Justice 
Appropriation 
Authorization 
Act, Fiscal Year 
1979. 
92 STAT. 3460 
PUBLIC LAW 95-624—NOV. 9, 1978 
United States; protection of the person of the President of the 
United States and the person of the Attorney General; acquisi-
tion, collection, classification and preservation of identification 
and other records and their exchange with, and for the official use 
; 
of, the duly authorized officials of the Federal Government, of 
States, cities, and other institutions, such exchange to be subject 
to cancellation if dissemination is made outside the receiving 
departments or related agencies; and such other investigations 
, 
. 
regarding official matters under the control of the Department of 
Justice and the Department of State as may be directed by 
the Attorney General; including purchase for police-type use 
without regard to the general purchase price limitation for the 
tf: 
current fiscal year and hire of passenger motor vehicles; acqui-
sition, lease, maintenance, and operation of aircraft; firearms and 
ammunition; payment of rewards; benefits in accordance with 
those provided under sections 911 (9) through (11) and 957 of 
the Foreign Service Act of 1946 (22 U.S.C. 1136(9)-(11) and 
22 U.S.C. 1157) under regulations prescribed by the Secretary 
of State; and not to exceed $70,000 to meet unforeseen emergencies 
of a confidential character, to be expended under the direction of 
the Attorney General, and to be accounted for solely on his cer-
tificate: $561,341,000. 
(9) For the Immigration and Naturalization Service, for pay-
ment of expenses not otherwise provided for, necessary for the 
administration of the laws relating to immigration, naturaliza-
tion, and alien registration, including advance of cash to aliens 
for meals and lodging while en route: paj^ment of allowances to 
aliens, while held in custody under the immigration laws, for work 
performed; payment of expenses and allowances incurred in track-
ing lost persons as required by public exigencies in aid of State 
or local law enforcement agencies where provision for reimburse-
ment by such State and local law enforcement agencies is made; 
payment of rewards; not to exceed $70,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of the Attorney General and accounted for solely on his 
certificate; purchase for police-type use without regard to the 
general purchase price limitation for the current fiscal year and 
hire of passenger motor vehicles; acquisition, lease, maintenance, 
and operation of aircraft; firearms and ammunition and attend-
ance at firearms matches; operation, maintenance, remodeling and 
repair of buildings, and the purchase of equipment incident 
thereto; refunds of maintenance bills, immigration fines, and other 
items properly returnable except deposits of aliens who become 
public charges and deposits to secure payment of fines and passage 
money; payment of interpreters and translators who are not 
citizens of the United States and distribution of citizenship text-
books to aliens without cost to such aliens; acquisition of land as 
sites for enforcement fence and construction incident to such fence; 
benefits in accordance with those provided under sections 911 (9) 
through (11) and 957 of the Foreign Service Act of 1946 (22 
U.S.C. 1136(9)-(11) and 22 U.S.C. 1157) under regulations pre-
scribed by the Secretary of State; research related to immigration 
enforcement which shall remain available until expended: 
: $320,722,000, of which $2,052,000 shall be made available for the 
PUBLIC LAW 95-624—NOV. 9, 1978 
92 STAT. 3461 
investigation and prosecution of denaturalization and deportation 
cases involving alleged Nazi war criminals. 
(10) For the Drug Enforcement Administration to hire and 
acquire law enforcement and passenger motor vehicles without 
regard to the general purchase price limitation for the current 
fiscal year; pay in advance for special tests and studies by con-
tract ; pay in advance for expenses arising out of contractual and 
reimbursable agreements with State and local law enforcement 
and regulatory agencies while engaged in cooperative enforce-
ment and regulatory activities in accordance with section 503a (2) 
of the Controlled Substances Act; pay expenses not to exceed 21 USC 873. 
$70,000 to meet unforeseen emergencies of a confidential character 
to be expended under the direction of the Attorney General, and 
to be accounted for solely on his certificate; pay rewards; pay for 
publication of technical and informational material in profes-
sional and trade journals; purchase chemicals, apparatus, and 
scientific equipment; pay for necessary accommodations in 
the District of Columbia for conferences and training activi-
ties; acquire, lease, maintain, and operate aircraft; research 
related to enforcement and drug control to remain available until 
expended; employ aliens by contract for services abroad; benefits 
in accordance with those provided under sections 911 (9) 
through (11) and 957 of the Foreign Service Act of 1946 (22 
U.S.C. 1136 (9)-(ll) and 22 U.S.C. 1157), under regulations pre-
scribed by the Secretary of State, such sums as authorized by 
section 769(a) of the Controlled Substances Act (21 U.S.C. 904 
(a)), for the fiscal year ending September 30,1979, for the activi-
ties authorized by the Comprehensive Drug Abuse Prevention and 
Control Act of 1970. 
21 USC 801 note. 
(11) For the Federal Prison System, $362,662,000, including— 
(A) for the administration, operation, and maintenance 
of Federal penal and correctional institutions, including 
supervision and support of United States prisoners in non-
Federal institutions; purchase of and hire of law enforce-
ment and passenger motor vehicles; compilation of statistics 
relating to prisoners in Federal penal and correctional 
institutions; assistance to State and local governments to 
improve their correctional systems; firearms and ammuni-
tion; medals and other awards; payment of rewards; 
purchase and exchange of farm products and livestock; con-
struction of buildings at prison camps; and acquisition of 
land as authorized by section 4010 of title 18, United States 
Code; transfer to the Health Services Administration such 42 USC 250a. 
amounts as may be necessary, in the discretion of the Attor-
ney General, for the direct expenditures by that Administra-
tion for medical relief for inmates of Federal penal and 
correctional institutions; making such contracts and commit-
ments without regard to fiscal year limitations as provided 
by section 104 of the Government Control Corporation Act, 31 USC 849. 
as may be necessary in carrying out the program set forth in 
the budget for the current fiscal year for Federal Prison 
Industries, Incorporated; 
(B) for carrying out the provisions of sections 4351 
through 4353 of title 18, United States Code, which establish 
92 STAT. 3462 
PUBLIC LAW 95-624—NOV. 9, 1978 
Appropriated 
sums, 
unauthorized use. 
Appropriated 
sums, authorized 
use. 
Evaluations. 
a National Institute of Corrections, to remain available until 
expended; and 
(C) for planning, acquisition of sites and construction of 
new facilities, and constructing, remodeling, and equipping 
necessary buildings and facilities at existing penal and cor-
rectional institutions, including all necessary expenses inci-
dent thereto, by contract or force account, to remain available 
until expended. 
SKC. 3. (a) None of the sums authorized to be appropriated by this 
Act may be used to pay the compensation of any person employed after 
the date of the enactment of the Act as an attorney (except foreign 
counsel employed in special cases) unless such person shall be duly 
licensed ana authorized to practice as an attorney under the laws of a 
State, territory, or the District of Columbia. 
(b) None of the sums authorized to be appropriated by this Act for 
tlie Federal Bureau of Investigation shall be used to pay the com-
pensation of any employee in the competitive service. 
(c) None of the additional sums authorized to be appropriated by 
this Act for criminal investigations and management direction shall be 
reprogramed to the Domestic Terrorism Intelligence Program. 
SEC. 4, (a) Sums authorized to be appropriated by this Act which 
are available for expenses of attendance at meetings shall be expended 
for such purposes in accordance with regulations prescribed by the 
Attorney General. 
(b) Sums authorized to be appropriated by this Act may be used for 
the purchase of insurance of motor vehicles operated in official govern-
ment business in foreign countries. 
(c) Sums authorized to be appropriated by this Act for salaries 
and expenses shall be available for services as authorized by section 
3109 of title 5 of the United States Code. 
(d) The labor of United States prisoners may be used for work per-
formed with sums authorized to be appropriated by section 2(11) (C). 
(e) Sums authorized to be appropriated by this Act to the Depart-
ment of Justice may be used for official reception and representation 
expenses in accordance with distributions, procedures, and regulations 
established by the Attorney General. 
(f) Sums authorized to be appropriated by this Act may be used 
for (1) expenses of primary and secondary schooling for dependents 
of personnel stationed outside the continental United States at cost not 
in excess of those authorized by the Department of Defense for the 
same area, when it is determined by the Attorney General that schools 
available in the locality are unable to provide adequately for the edu-
cation of such dependents, and (2) transportation of those dependents 
between their place of residence and schools serving the area which 
those dependents would normally attend when the Attorney General, 
under such regulations as he may prescribe, determines that such 
schools are not accessible by public means of transportation. 
(g) There are authorized to be appropriated such sums as may be 
necessary for increases in salary, pay, retirement, and other employee 
benefits authorized by law, and for other nondiscretionary costs. 
SEC. 5. Section 1001 (a) of the Civil Rights Act of 1964 (42 U.S.C. 
2000g) is amended by striking out the last sentence. 
SEC. 6. (a) The Attorney General shall perform periodic evalua-
tions of the overall efficiency and elTectiveness of the Department of 
Justice programs and any supporting activities funded by appropria-
PUBLIC LAW 95-624—NOV. 9, 1978 
92 STAT. 3463 
tions authorized by this Act and annual specific program evaluations 
of selected subordinate organization's programs, as determined by pri-
orities set either by the Congress or the Attorney General. 
(b) The evaluations shall be performed by the appropriate Depart-
ment level program review staff. 
(c) Subordinate Department of Justice organizations and their offi-
cials shall provide all necessary assistance and cooperation to the 
Department level program review staff in the conduct of the evalua-
tion, including full access to all information, documentation, and 
cognizant personnel, as required. 
(d) Completed evaluations shall be made available to the Commit-
tees on the Judiciary of the Senate and House of Representatives. 
SEC. 7. During the fiscal year for which appropriations are author- Notification of 
ized by this Act, each organization of the Department of Justice, congressional 
through the appropriate office within the Department of Justice, shall committees, 
notify in writing the Committees on the Judiciary, of the House of 
Representatives and the Senate, and other appropriate committees 
a minimum of fifteen days prior to— 
(1) reprograming of funds in excess of $150,000 or 10 percent, 
whicnever is less, between the programs within the offices, divi-
' 
sions, and boards as defined in the Department of Justice's pro-
gram structure submitted to the Committees on the Judiciary of 
the Senate and House of Representatives; 
(2) reprograming of funds in excess of $500,000 or 2 percent, 
whichever is less, between programs within the Bureaus as 
defined in the Department of Justice's program structure sub-
mitted to the Committees on the Judiciary of the Senate and 
House of Representatives; 
' 
(3) any reprograming action which involves less than the 
amounts specified in paragraphs (1) and (2) if such action would 
have the effect of significant program changes and committing 
substantive program funding requirements in future years; 
(4) increasing personnel or funds by any means for any project 
or program for which fimds or other resources have been 
restricted; 
(5) creation of new programs or significant augmentation of 
existing programs; 
(6) reorganization of offices or programs; and 
(7) significant relocation of offices or employees. 
SEC. 8. Section 4002 of title 18, United States Code, is amended by 
striking out "Director of the Bureau of Prisons" and inserting "Attor-
ney General" in lieu thereof. 
SEC. 9. The Attorney General shall consult with the Secretary of 18 USC 4001 
Defense in order to develop a plan to assure that such suitable facilities note. 
as the Department of Defense operates which are not in active use 
shall be made available for operation by the Department of Justice 
for the confinement of United States prisoners. Such plan shall provide 
for the return to the management of the Department of Defense of any 
such facility upon a finding by the Secretary of Defense that such 
return is necessary to the operation of the Department. 
SEC. 10. (a) On or before September 1, 1979, the Attorney General 18 USC 4121 
shall submit to the Congress— 
' 
note. 
(1) a plan to assure the closure of the United States Peniten- McNeil Island 
tiary on McNeil Island, Steilacoom, Washington, on or before Penitentiary, 
January 1,1982; and 
closure. 
92 STAT. 3464 
PUBLIC LAW 95-624—NOV. 9, 1978 
(2) a report on the status of the Federal Prison Industries. 
Employment and 
(b) The report made under this section shall include a long-range 
training for 
plan for the improvement of meaningful employment training, and 
prisoners. 
^he methods which could be undertaken to employ a greater number of 
United States prisoners in the program. Such report may include rec-
ommendations for legislation. 
SKC. 11. Notwithstanding the second of the paragraphs relating to 
salaries and expenses of the Federal Bureau of Investigation in the 
Department of Justice Appropriation Act, 1973 (86 Stat. 1115), sums 
authorized to be appropriated by this Act for such salaries and 
expenses may be used for the purposes described in such paragraph 
until but not later than the end of the fiscal year ending September 30, 
1979. 
SEC. 12. In addition to any other sums authorized by this Act to be 
' 
appropriated for the activities of the Federal Prison System, there 
are authorized to be appropriated $1,000,000 to bring the facilities of 
the Federal Prison System into compliance with fire safety standards 
of the localities in which such facilities are loca<^ed. Not later than one 
hundred and eighty days after the appropriation of sums authorized 
for this purpose, the Federal Bureau of Prisons shall report to the 
Congress the extent to which such facilities have complied with such 
Standards. Such report shall describe the purposes for which sums 
authorized to be appropriated have been or are to be expended. 
Report to 
SEC. 13. (a) The Attorney General shall, during the fiscal year for 
Congress. 
which appropriations are authorized by this Act, transmit a report to 
28 use 519 note, each House of the Congress in any case in which the Attorney 
General— 
(1) establishes a policy to refrain from the enforcement of any 
provision of law enacted by the Congress, the enforcement of 
which is the responsibility of the Department of Justice, because 
of the position of the Department of Justice that such provision 
of law is not constitutional; or 
(2) determines that the Department of Justice will contest, or 
will refrain from defending, any provision of law enacted by the 
Congress in any proceeding before any court of the United States, 
or in any administrative or other proceeding, because of the posi-
tion of the Department of Justice that such provision of law is not 
constitutional. 
(b) Any report required in subsection (a) shall be transmitted not 
later than thirty days after the Attorney General establishes the policy 
specified in subsection (a) (1) or makes the determination specified in 
subsection (a) (2). Each such report shall— 
H i « 
(1) specify the provision of law involved; 
(2) include a detailed statement of the reasons for the position 
of the Department of Justice that such provision of law is not 
constitutional; and 
(3) in the case of a determination specified in subsection (a)(2), 
indicate the nature of the judicial, administrative, or other 
proceeding involved. 
(c) If, during the fiscal year for which appropriations are author-
ized by this Act, the Attorney General determines that the Depart-
ment of Justice will contest, or will refrain from defending, any pro-
vision of law enacted by the Congress in any proceeding before any 
court of the United States, or in any administrative or other proceed-
j 
ing, because of the position of the Department of Justice that such 
PUBLIC LAW 95-624—NOV. 9, 1978 
92 STAT. 3465 
provision of law is not constitutional, then the representative of the 
Department of Justice participating in such proceeding shall make a 
declaration in such proceeding that such position of the Department 
of Justice regarding the constitutionality of the provision of law 
involved constitutes the position of the executive branch of the United 
States with respect to such matter. 
SEC. 14. Using sums authorized to be appropriated by this Act, the 
Federal Bureau of Investigation shall in its Uniform Crime reports 
classify arson as a Part I offense. 
SEC. 15. No part of any sums authorized to be appropriated by this 
Act may be used for the purpose of transferring any Dorder control 
activities of the Immigration and Naturalization Service (including 
patrol and inspections) to any other agency or department of the Fed-
eral Government. 
SEC. 16. The Attorney General, in consultation with the Congress, 8USC1255note. 
shall develop special eligibility criteria under the current United 
States parole program for Indochina Refugees which would enable a 
larger number of refugees from Cambodia to qualify for admission to 
the United States. 
SEC. 17. The Attorney General shall undertake a study of the extent 28 USC 519 note, 
to which complaints of violations of Federal criminal laws are not 
prosecuted and shall make recommendations for improving the per-
centage of such complaints which are prosecuted by the Department. 
The study shall also analyze the cases that have not been prosecuted 
and make i-ecommendations to assure that the decisions not to prose-
cute are in accordance with national policy. The study and recommen-
dations shall be provided to the Committees on the Judiciary of the 
Senate and House of Representatives not later than October 1, 1979. 
SEC. 18. (a) With respect to any undercover investigative operation 
of the Federal Bureau of Investigation which is necessary for the 
detection and prosecution of crimes against the United States or for 
the collection of foreign intelligence or counterintelligence— 
(1) sums authorized to be appropriated for the Federal Bureau 
of Investigation by this Act may be used for leasing space within 
the United States, the District of Columbia, and the territories 
and possessions of the United States without regard to section 
3679(a) of the Revised Statutes (31 U.S.C. 665(a)), section 3732 
(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the 
Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third 
undesignated paragraph under the heading "MISCELLANEOUS" of 
the Act of March 3,1877 (19 Stat. 370; 40 U.S.C. 34), section 3648 
of the Revised Statutes (31 U.S.C. 529), section 3741 of the 
Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of 
section 304 of the Federal Property and Administrative Services 
Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c)); 
(2) sums authorized to be appropriated for the Federal Bureau 
of Investigation by this Act, and the proceeds from such under-
cover operation, may be deposited in banks or other financial 
institutions without regard to the provisions of section 648 of title 
18, United States Code, and section 3639 of the Revised Statutes 
(31 U.S.C. 521); and 
(3) the proceeds from such undercover operation may be used 
to offset necessary and reasonable expenses incurred in such opera-
tion without regard to the provisions of section 3617 of the Revised 
Statutes (31 U.S.C. 484); 
39-194 O—80—pt. 3 
53 : QL3 
92 STAT. 3466 
PUBLIC LAW 95-624—NOV. 9, 1978 
only upon the written certification of the Director of the Federal 
Bureau of Investigation and the Attorney General (or, if designated 
by the Attorney General, the Deputy Attorney General) that any 
action authorised by paragraph (1), (2), or (3) of this subsection is 
necessary for the conduct of such undercover operation. 
(b) As soon as the proceeds from an undercover investigative opera-
tion with respect to which an action is authorized and carried out under 
paragraphs (2) and (3) are no longer necessary for the conduct of such 
operation, such proceeds or the balance of such proceeds remaining at 
the time shall be deposited into the Treasury of the United States as 
miscellaneous receipts. 
18 use 351 note. 
SEC. 19. The Federal Bureau of Investigation shall provide a written 
report to a Member of Congress on any investigation conducted based 
on a threat on the Member's life under section 351 of title 18 of the 
United States Code. 
SEC. 20. (a) The Attorney General shall take such steps as may be 
necessary to acquire or to construct, in Los Angeles County, California, 
a Federal detention center. Such center shall be capable of accom-
modating not less than five hundred Federal detainees. 
(b) In addition to any other sums that are authorized to be appro-
priated by this Act, there are authorized to be appropriated $2,600,000 
for planning and site acquisition for the fiscal year ending September 
30,1979, to carry out this section. 
SEC. 21. (a) The Act entitled "An Act to authorize-membership on 
behalf of the United States in the International Criminal Police Com-
22 use 263a. 
mission, approved June 10, 1938 (52 Stat. 640; 22 U.S.C. 236a), is 
amended by striking out the last two sentences and inserting in lieu 
thereof the following: "All dues and expenses to be paid for the mem-
bership of the United States shall be paid out of sums authorized and 
appropriated for the Department of Justice.". 
(b) The Attorney General is authorized to pay to the Intettiational 
Criminal Police organization the unpaid balance of the dues for calen-
dar years prior tol978 and such sums as may be necessary are author-
ized to be appropriated to carry out the provisions of this subsection. 
SEC. 22. Section 5108(c)(8) of title 5, United States Code, is 
amended by striking out "32" and inserting in lieu thereof "45". 
Approved November 9, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1148 accompanying H.R. 12005 (Comm. on the Judiciary) 
and Pt. 2 (Permanent Select Comm. on Intelligence); No. 95-1777 
(Comm. of Conference). 
SENATE REPORT No. 95-911 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
July 10, considered and passed Senate. 
Sept. 26, H.R. 12005 considered in House. 
Sept. 28, H.R. 12005 considered and passed House; proceedings vacated and 
S. 3151, amended, passed in lieu. 
Oct. 13, Senate agreed to conference report. 
Oct. 14, Houise agreed to conference report. 
^