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CARES Act Puts Inspectors General Back in the Spotlight
Federal Inspectors General — the nation's watchdogs over government agencies and government programs — are back in the news. First, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, received close attention not only for its $2 trillion infusion of taxpayer dollars into the U.S. economy, but also for its oversight mechanisms. The CARES Act established both a Special Inspector General for Pandemic Recovery (SIGPR) and a Pandemic Response Accountability Committee (PRAC), comprised exclusively of existing IGs. Soon after the Act passed, President Donald Trump put IGs in the headlines again, first by firing Michael Atkinson, the IG for the Intelligence Community, and then by removing Glenn Fine, acting IG of the Defense Department, from his post. Fine had just been appointed to chair the PRAC.
IGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government's built-in mechanisms for protecting the nation's fisc, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it. Consequently, participating small, medium, and large businesses that have not previously interacted much with government agencies or programs, including lenders new to government-backed loans, can avoid unnecessary disruption by familiarizing themselves with what IGs do and how they work.
IG Establishment
The modern federal IG system was born with the Inspector General Act of 1978 (IG Act), which emphasized the need for "independent and objective [government] units" within federal agencies to root out waste, fraud, and abuse. Their central function is: 1) to conduct audits and investigations of programs and agencies; 2) to recommend policies to promote efficiency and effectiveness, as well as deter fraud and abuse; and 3) to inform agency heads and Congress about identified problems or deficiencies.
The president appoints IGs with the Senate's advice and consent, but independence from politics is crucial to the mission of IGs. The IG Act spells that out in requiring that IGs "shall be appointed … without regard to political affiliation and solely on the basis of integrity and demonstrated ability." Although IGs technically report to the heads of their agencies, with strict reporting obligations to Congress, agency heads (including cabinet secretaries) are prohibited from interfering with IG audits and investigations. Only the president can remove IGs, but he is required to provide notice to Congress and a written explanation. Unlike some states that opt for term IG appointments to protect their independence, nearly all federal IGs may serve indefinitely once confirmed. See, "States and Localities Realize the Importance of Inspectors General," Governing.com.
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