THE SUBCOMMITTEE ON STATE, JUSTICE, COMMERCE, AND JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES APPROPRIATIONS COMMITTEE IS URGED NOT TO APPROPRIATE ANY NEW FUNDS IN 1978 FOR THE PLANNING OR CONSTRUCTION OF FEDERAL PRISONS OR JAILS FOR TWO REASONS: THE APPROPRIATIONS REQUESTED WOULD ENTAIL A LONG-TERM COMMITMENT TO THE MOST EXPENSIVE WAY OF DEALING WITH THE CURRENT PROBLEM OF OVERCROWDING; AND THERE ARE MORE IMMEDIATE, LESS EXPENSIVE, MORE FLEXIBLE, AND LEGALLY AUTHORIZED ALTERNATIVES AVAILABLE FOR DEALING WITH OVERCROWDING. THE FEDERAL BUREAU OF PRISONS JUSTIFIES ITS REQUEST FOR $67.5 MILLION TO BUILD NEW PRISONS ON THE BASIS OF OVERCROWDING IN EXISTING FACILITIES. HOWEVER, RATHER THAN ADDING MORE BEDSPACES TO ALLEVIATE OVERCROWDING, IT IS POSSIBLE TO MAKE BETTER USE OF EXISTING BEDSPACES AND TO TAKE ADVANTAGE OF NONINSTITUTIONAL PROGRAMS FOR FEDERAL OFFENDERS WHO DO NOT REQUIRE SECURE CONFINEMENT. THE ASSERTION THAT PRISONS MUST BE BUILT BECAUSE THE BUREAU DOES NOT CONTROL THE SIZE OF ITS POPULATION SHOULD BE WEIGHED AGAINST THE FACT THAT THE BUREAU IS PART OF THE U.S. DEPARTMENT OF JUSTICE, THE POLICIES OF WHICH HAVE CONSIDERABLE INFLUENCE ON THE PRISON POPULATION. THE JUSTICE DEPARTMENT CAN INFLUENCE THE FEDERAL PRISON POPULATION THROUGH VARIATIONS IN ITS PROSECUTION AND PAROLE POLICIES AND BY DETERMINING WHERE SENTENCES ARE TO BE SERVED. IN VIEW OF THE UNCERTAINTY OF THE FUTURE, THE BUREAU SHOULD FAVOR THE LEAST PERMANENT, LEAST EXPENSIVE APPROACH TO THE PROBLEM OF OVERCROWDING. THE DEPARTMENT OF JUSTICE SHOULD EXERCISE ITS AUTHORITY TO ALLEVIATE OVERCROWDING THROUGH MORE IMMEDIATELY RESPONSIVE MEANS THAN NEW CONSTRUCTION.