What happens to a State if they are not in compliance with the Adam Walsh Act?
Broadly speaking they will loose 10% of their federal grant money (The monies granted to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3750 et seq. the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs.”]) for every year they are not in compliance. 42 USC 16925(a), Sec 125(a). However, it is the USAG that makes the compliance determination, and his decision is final and not subject to appeal; it appears the USAG has more powers than does anyone in the judicial branch of the government. This power is excessive in my opinion. The Standard of Compliance: States must “substantially comply” and make “reasonable efforts to comply.” 42 USC 16925(a) and (b)(2)(3), Sec.125(a)and (b)(2)(3). Congress has placed one limit on the USAG decisionmaking powers, he CANNOT force a state to violate its constitution or a decision of its highest court. 42 USC 16925(b)(1), Sec 125(b)(1). The USAG is compelled
