Sec. 14. Failure of jurisdiction to comply
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/bill/116/hr/2303/ih/section-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For any fiscal year which begins after the deadline under section 1515, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this Act shall not receive 10 percent of the funds under the Edward Byrne Memorial Justice Assistance Grant Program under subpart I of part E of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.) that would otherwise be allocated for that fiscal year to the jurisdiction. When evaluating whether a jurisdiction has adequately implemented this Act, the Attorney General shall examine whether the jurisdiction is incapable of implementing this Act because of a displayed inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction’s highest court.
If the circumstances under paragraph
(1)appear, the Attorney General and the jurisdiction shall demonstrate faithful efforts to fulfill considerable implementation of this Act and to reconcile any incompatibilities between this Act and the jurisdiction’s constitution. In considering whether acceptance of the requirements of this Act may violate the jurisdiction’s constitution or an exposition by the jurisdiction’s highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction’s exposition of the jurisdiction’s constitution. If the jurisdiction is unable to substantially implement this Act because of a limitation imposed by the jurisdiction’s constitution, the Attorney General may determine that the jurisdiction is in compliance with this Act if the jurisdiction has made, or is in the process of implementing reasonable alternative procedures or accommodations, which are consistent with the purposes of this Act. If a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a). Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this Act shall be reallocated under that program to jurisdictions that have not failed to substantially implement this Act or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this Act. Under these circumstances, the process for selecting jurisdiction that will receive re-allocated funding will be at the discretion of the Attorney General. The provisions of this Act that are cast as directions to jurisdictions or their officials constitute, in relation to States, only conditions required to avoid the reduction of Federal funding under this section.
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Sec. 14
Failure of jurisdiction to comply
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