(C) $33,901,000 for the Office of Commu-
nity Oriented Policing Services. 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2009. 
There are authorized to be appropriated for fiscal year 
2009, to carry out the activities of the Department of Jus-
tice (including any bureau, office, board, division, commis-
sion, subdivision, unit, or other component thereof), the fol-
lowing sums: 
(1) GENERAL
ADMINISTRATION.—For General 
Administration: $181,561,000. 
(2) ADMINISTRATIVE
REVIEW
AND
APPEALS.— 
For 
Administrative 
Review 
and 
Appeals: 
$243,291,000 for administration of pardon and clem-
ency petitions and for immigration-related activities. 
(3) OFFICE OF INSPECTOR GENERAL.—For the 
Office of Inspector General: $81,922,000, which shall 
include not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character. 
(4) GENERAL LEGAL ACTIVITIES.—For General 
Legal Activities: $764,526,000, which shall include— 
(A) not less than $4,000,000 for the inves-
tigation and prosecution of denaturalization and 
deportation cases involving alleged Nazi war 
criminals;
(B) not less than $16,872,000 for the inves-
tigation and prosecution of violations of title 17 
of the United States Code; 
(C) not to exceed $20,000 to meet unforeseen 
emergencies of a confidential character; and 
(D) $5,000,000 for the investigation and 
prosecution of violations of chapter 77 of title 18 
of the United States Code. 
(5) ANTITRUST DIVISION.—For the Antitrust Di-
vision: $162,488,000. 
(6) UNITED
STATES
ATTORNEYS.—For United 
States Attorneys: $1,829,194,000. 
(7) FEDERAL BUREAU OF INVESTIGATION.—For 
the Federal Bureau of Investigation: $6,480,608,000, 
which shall include not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character. 
(8) UNITED STATES MARSHALS SERVICE.—For 
the United States Marshals Service: $900,178,000. 
(9) FEDERAL PRISON SYSTEM.—For the Federal 
Prison System, including the National Institute of 
Corrections: $5,698,292,000. 
(10) DRUG
ENFORCEMENT
ADMINISTRATION.— 
For 
the 
Drug 
Enforcement 
Administration: 
$1,930,462,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confiden-
tial character. 
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS 
AND EXPLOSIVES.—For the Bureau of Alcohol, To-
bacco, Firearms and Explosives: $1,038,939,000. 
(12) FEES AND EXPENSES OF WITNESSES.—For 
Fees and Expenses of Witnesses: $203,755,000, which 
shall include not to exceed $8,000,000 for construction 
of protected witness safesites. 
(13) INTERAGENCY CRIME AND DRUG ENFORCE-
MENT.—For Interagency Crime and Drug Enforce-
ment: $744,593,000, for expenses not otherwise pro-
vided for, for the investigation and prosecution of per-
sons involved in organized crime drug trafficking, ex-
cept that any funds obligated from appropriations 
authorized by this paragraph may be used under au-
thorities available to the organizations reimbursed 
from such funds. 
(14) FOREIGN
CLAIMS
SETTLEMENT
COMMIS-
SION.—For the Foreign Claims Settlement Commis-
sion: $1,429,000. 
(15) COMMUNITY RELATIONS SERVICE.—For the 
Community Relations Service: $10,977,000.
(16) ASSETS FORFEITURE FUND.—For the Assets 
Forfeiture Fund: $22,000,000 for expenses authorized 
by section 524 of title 28, United States Code. 
(17) UNITED STATES PAROLE COMMISSION.—For 
the United States Parole Commission: $12,711,000. 
(18) FEDERAL DETENTION TRUSTEE.—For the 
necessary expenses of the Federal Detention Trustee: 
$1,858,509,000. 
(19) JUSTICE
INFORMATION
SHARING
TECH-
NOLOGY.—For necessary expenses for information 
sharing technology, including planning, development, 
and deployment: $204,152,000. 
(20) NARROWBAND COMMUNICATIONS.—For the 
costs of conversion to narrowband communications, 
including the cost for operation and maintenance of 
Land Mobile Radio legacy systems: $144,771,000. 
(21) ADMINISTRATIVE EXPENSES FOR CERTAIN 
ACTIVITIES.—For the administrative expenses of the 
Office of Justice Programs, the Office on Violence 
Against Women, and the Office of Community Ori-
ented Policing Services: 
(A) $132,226,000 for the Office of Justice 
Programs. 
(B) $16,837,000 for the Office on Violence 
Against Women.
(C) $35,257,000 for the Office of Commu-
nity Oriented Policing Services. 
SEC. 105. ORGANIZED RETAIL THEFT. 
(a) NATIONAL DATA.—(1) The Attorney General and 
the Federal Bureau of Investigation shall establish a task 
force to combat organized retail theft and provide expertise 
to the retail community for the establishment of a national 
database or clearinghouse housed and maintained in the 
private sector to track and identify where organized retail 
theft type crimes are being committed in the United Sates. 
The national database shall allow Federal, State, and local 
law enforcement officials as well as authorized retail com-
panies (and authorized associated retail databases) to 
transmit information into the database electronically and 
to review information that has been submitted electroni-
cally. 
(2) The Attorney General shall make available funds 
to provide for the ongoing administrative and technological 
costs to federal law enforcement agencies participating in 
the database project. 
(3) The Attorney General through the Bureau of Jus-
tice Assistance in the Office of Justice may make grants 
to help provide for the administrative and technological 
costs to State and local law enforcement agencies partici-
pating in the data base project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for each of fiscal years 2006 
through 2009, $5,000,000 for educating and training fed-
eral law enforcement regarding organized retail theft, for 
investigating, apprehending and prosecuting individuals 
engaged in organized retail theft, and for working with the 
private sector to establish and utilize the database described 
in subsection (a). 
(c) DEFINITION OF ORGANIZED RETAIL THEFT.—For 
purposes of this section, ‘‘organized retail theft’’ means— 
(1) the violation of a State prohibition on retail 
merchandise theft or shoplifting, if the violation con-
sists of the theft of quantities of items that would not 
normally be purchased for personal use or consump-
tion and for the purpose of reselling the items or for 
reentering the items into commerce; 
(2) the receipt, possession, concealment, bar-
tering, sale, transport, or disposal of any property 
that is know or should be known to have been taken 
in violation of paragraph (1); or 
(3) the coordination, organization, or recruit-
ment of persons to undertake the conduct described in 
paragraph (1) or (2).
TITLE II—IMPROVING THE DE-
PARTMENT 
OF 
JUSTICE’S 
GRANT PROGRAMS 
Subtitle A—Assisting Law Enforce-
ment 
and 
Criminal 
Justice 
Agencies 
SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL 
LAW 
ENFORCEMENT 
BLOCK 
GRANT 
PRO-
GRAM. 
(a) IN GENERAL.—Part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended 
as follows: 
(1) Subpart 1 of such part (42 U.S.C. 3751– 
3759) is repealed. 
(2) Such part is further amended— 
(A) by inserting before section 500 (42 
U.S.C. 3750) the following new heading: 
‘‘Subpart 1—Edward Byrne Memorial Justice 
Assistance Grant Program’’; 
(B) by amending section 500 to read as fol-
lows: 
‘‘SEC. 500. NAME OF PROGRAM. 
‘‘(a) IN GENERAL.—The grant program established 
under this subpart shall be known as the ‘Edward Byrne 
Memorial Justice Assistance Grant Program’.
‘‘(b) REFERENCES TO FORMER PROGRAMS.—Any ref-
erence in a law, regulation, document, paper, or other 
record of the United States to the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs, or 
to the Local Government Law Enforcement Block Grants 
program, shall be deemed to be a reference to the grant pro-
gram referred to in subsection (a).’’; and 
(C) by inserting after section 500 the fol-
lowing new sections: 
‘‘SEC. 501. DESCRIPTION. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts made avail-
able to carry out this subpart, the Attorney General 
may, in accordance with the formula established 
under section 505, make grants to States and units 
of local government, for use by the State or unit of 
local government to provide additional personnel, 
equipment, supplies, contractual support, training, 
technical assistance, and information systems for 
criminal justice, including for any one or more of the 
following programs: 
‘‘(A) Law enforcement programs. 
‘‘(B) Prosecution and court programs. 
‘‘(C) Prevention and education programs.
‘‘(D) Corrections and community correc-
tions programs. 
‘‘(E) Drug treatment and enforcement pro-
grams. 
‘‘(F) Planning, evaluation, and technology 
improvement programs. 
‘‘(G) Crime victim and witness programs 
(other than compensation). 
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall be construed to ensure that a grant under that 
paragraph may be used for any purpose for which a 
grant was authorized to be used under either or both 
of the programs specified in section 500(b), as those 
programs were in effect immediately before the enact-
ment of this paragraph. 
‘‘(b) CONTRACTS AND SUBAWARDS.—A State or unit 
of local government may, in using a grant under this sub-
part for purposes authorized by subsection (a), use all or 
a portion of that grant to contract with or make one or 
more subawards to one or more— 
‘‘(1) neighborhood or community-based organiza-
tions that are private and nonprofit; 
‘‘(2) units of local government; or 
‘‘(3) tribal governments. 
‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIVER.—
‘‘(1) Each program funded under this subpart 
shall contain a program assessment component, devel-
oped pursuant to guidelines established by the Attor-
ney General, in coordination with the National Insti-
tute of Justice. 
‘‘(2) The Attorney General may waive the re-
quirement of paragraph (1) with respect to a program 
if, in the opinion of the Attorney General, the pro-
gram is not of sufficient size to justify a full program 
assessment. 
‘‘(d) PROHIBITED USES.—Notwithstanding any other 
provision of this Act, no funds provided under this subpart 
may be used, directly or indirectly, to provide any of the 
following matters: 
‘‘(1) Any security enhancements or any equip-
ment to any nongovernmental entity that is not en-
gaged in criminal justice or public safety. 
‘‘(2) Unless the Attorney General certifies that 
extraordinary and exigent circumstances exist that 
make the use of such funds to provide such matters 
essential to the maintenance of public safety and good 
order— 
‘‘(A) vehicles, vessels, or aircraft; 
‘‘(B) luxury items; 
‘‘(C) real estate;
‘‘(D) construction projects (other than penal 
or correctional institutions); or 
‘‘(E) any similar matters. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 per-
cent of a grant made under this subpart may be used for 
costs incurred to administer such grant. 
‘‘(f) PERIOD.—The period of a grant made under this 
subpart shall be four years, except that renewals and exten-
sions beyond that period may be granted at the discretion 
of the Attorney General. 
‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) 
shall not be construed to prohibit the use, directly or indi-
rectly, of funds provided under this subpart to provide secu-
rity at a public event, such as a political convention or 
major sports event, so long as such security is provided 
under applicable laws and procedures. 
‘‘SEC. 502. APPLICATIONS. 
‘‘To request a grant under this subpart, the chief execu-
tive officer of a State or unit of local government shall sub-
mit an application to the Attorney General within 90 days 
after the date on which funds to carry out this subpart are 
appropriated for a fiscal year, in such form as the Attorney 
General may require. Such application shall include the fol-
lowing:
‘‘(1) A certification that Federal funds made 
available under this subpart will not be used to sup-
plant State or local funds, but will be used to increase 
the amounts of such funds that would, in the absence 
of Federal funds, be made available for law enforce-
ment activities. 
‘‘(2) An assurance that, not fewer than 30 days 
before the application (or any amendment to the ap-
plication) was submitted to the Attorney General, the 
application (or amendment) was submitted for review 
to the governing body of the State or unit of local gov-
ernment (or to an organization designated by that 
governing body). 
‘‘(3) An assurance that, before the application 
(or any amendment to the application) was submitted 
to the Attorney General— 
‘‘(A) the application (or amendment) was 
made public; and 
‘‘(B) an opportunity to comment on the ap-
plication (or amendment) was provided to citi-
zens and to neighborhood or community-based 
organizations, to the extent applicable law or es-
tablished procedure makes such an opportunity 
available.