§60305 Evaluations by Inspector General and Administrative Remedies

Summary

Requires the Justice Department’s Inspector General to check whether a State followed the rules for a grant after the State’s first year getting the money. The Inspector General must send a report to the House and Senate Judiciary Committees about compliance. If the State is not following the rules, the Inspector General must say what is wrong and recommend fixes to the Attorney General. The Inspector General must focus first on States most likely to be out of compliance. For States that use a certain state law process, the Inspector General must decide by the end of the first grant year if the State is mostly following that law. The Inspector General must take public comments, keep a form on its website for people to use, and do periodic reviews during the grant. The Attorney General must give the State a chance to respond. If the Attorney General finds noncompliance, they must try to make a corrective plan with the State. If the State does not agree to an Attorney General–approved plan within 90 days of the report, the Attorney General must issue guidance within 30 days. Within 90 days after a plan starts or guidance is issued, the Attorney General must tell the Judiciary Committees whether the State fixed the problems. If the State still does not fix things, the Attorney General must stop the grant funding and make the State return that year’s money. At least 2.5 percent of funds for fiscal years 2005 through 2009 must be set aside for the Inspector General to do this work. If the Inspector General finds a State using the special state law process is not substantially following it, the grant money can only be used for the limited purposes allowed by the grant rules until the State is fixed.