US Code

Public Law 119-73 (01/23/2026)

34 U.S.C. § 20927

Failure of jurisdiction to comply

(a)

In general

42 U.S.C. 37501

1 See References in Text note below.
For any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this subchapter shall not receive 10 percent of the funds 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 ( et seq.).

(b)

State constitutionality

(1)

In general

When evaluating whether a jurisdiction has substantially implemented this subchapter, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this subchapter because of a demonstrated 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.

(2)

Efforts

If the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this subchapter and to reconcile any conflicts between this subchapter and the jurisdiction’s constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdiction’s constitution or an interpretation thereof 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 interpretation of the jurisdiction’s constitution and rulings thereon by the jurisdiction’s highest court.

(3)

Alternative procedures

2

2 So in original. Probably should be followed by a comma.
If the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdiction’s constitution, the Attorney General may determine that the jurisdiction is in compliance with this chapter 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 chapter.

(4)

Funding reduction

If a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a).

(c)

Reallocation

Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this subchapter shall be reallocated under that program to jurisdictions that have not failed to substantially implement this subchapter or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this subchapter.

(d)

Rule of construction

The provisions of this subchapter 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.

Pub. L. 109–248, title I, § 125120 Stat. 598(, , .)

Editorial Notes

References in Text

Pub. L. 109–248120 Stat. 590section 10101 of this titleThis subchapter, referred to in text, was in the original “this title”, meaning title I of , , , known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title of 2006 Act note set out under and Tables.

Pub. L. 90–35182 Stat. 197section 10101 of this titleThe Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is , , . Subpart 1 of part E of title I of the Act was classified generally to part A (§ 3750 et seq.) of subchapter V of chapter 46 of Title 42, The Public Health and Welfare, prior to editorial reclassification as part A (§ 10151 et seq.) of subchapter V of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under and Tables.

Pub. L. 109–248120 Stat. 587section 10101 of this titleThis chapter, referred to in subsec. (b)(3), was in the original “this Act”, meaning , , , known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under and Tables.

Codification

section 16925 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.