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H.R. 10552IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 11 · H.R. 10552

Implementation by jurisdictions

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(a) In general Each jurisdiction shall implement the requirements of this Act not later than the later of— (1) 3 years after the date of enactment; and (2) 1 year after the date on which the software developed under section 10(a) is available for use by jurisdictions. (b) Extensions The Attorney General may authorize for a jurisdiction not more than 2 1-year extensions of the deadline for implementation prescribed under subsection (a). (c) Failure To comply (1) In general Subject to subsection (d), for any fiscal year beginning after the date on which a jurisdiction is required to begin to implement the requirements of this Act, if the jurisdiction fails, as determined by the Attorney General, to substantially implement this Act, the Attorney General shall reduce the amounts that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) by 10 percent. (2) Reallocation; purpose The Attorney General may reallocate amounts not allocated to a jurisdiction pursuant to paragraph (1) to that jurisdiction to be used solely for the purpose of implementing the requirements of this Act. (d) State constitutionality (1) In general In evaluating whether a jurisdiction has substantially implemented the requirements of this Act for the purpose of subsection (c)(1), the Attorney General shall consider whether the jurisdiction is unable to substantially implement those requirements because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of the constitution of the jurisdiction, as determined by a ruling of the highest court of the jurisdiction. (2) Efforts (A) In general If a jurisdiction is unable to substantially implement the requirements of this Act due to the circumstances described in paragraph (1)— (i) the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this Act and to reconcile any conflicts between this Act and the constitution of the jurisdiction; and (ii) 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, 2 reasonable alternative procedures or accommodations consistent with the purposes of this Act. (B) Consultation In considering whether compliance with the requirements of this Act would likely violate the constitution of a jurisdiction or an interpretation thereof by the highest court of the jurisdiction, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction's interpretation of the jurisdiction's constitution and rulings thereon by the jurisdiction's highest court. (e) Rule of construction The provisions of this Act directing States or officials of States shall be construed to constitute conditions required to avoid the reduction of Federal funding described in subsection (c)(1).

Sec. 11: Implementation by jurisdictions · Public Law Tracker