§60305 Evaluations by Inspector General and Administrative Remedies

Summary

The Department of Justice Inspector General must check how each State uses grant money. By the end of the State’s first fiscal year with the grant, the Inspector General must send a report to the House and Senate Judiciary Committees saying if the State followed the grant rules. If the State did not follow the rules, the Inspector General must list the problems and tell the Attorney General what should be fixed. The Inspector General should first review States judged most at risk of not following the rules. For States using a special “statutory procedure,” the Inspector General must say by the end of that first fiscal year whether the State is substantially following that statute. The public can send comments through a website form, and the Inspector General must consider those comments. The Inspector General will also do periodic reviews while the grant lasts. After that report or determination, the Attorney General must let the State comment. If the Attorney General finds the State is not following the rules, the Attorney General must try to agree on a corrective action plan with the State. If the State does not agree to an Attorney General–approved plan within 90 days after the report, the Attorney General must issue corrective guidance within 30 days. Within 90 days after either the plan starts or the guidance is issued (whichever comes first), the Attorney General must tell the House and Senate Judiciary Committees whether the State fixed the problems. If the State still does not fix the problems, the Attorney General will stop further funding under sections 60301 and 60302 and require the State to return that fiscal year’s grant money. The State may reapply in a later fiscal year. At least 2.5 percent of funds appropriated for this chapter for each fiscal year 2005 through 2009 must be set aside for the Inspector General to carry out these duties and remain available until spent. If a “statutory procedure” State is found not to be substantially in compliance, its grant funds must be used only for the specific purposes listed in section 60301 until the Inspector General finds it is in compliance.