Summary
This report provides an overview of statutory inspectors general (IGs) in the federal government, including their structure, functions, and related issues for Congress.
Statutory IGs—established by law rather than administrative directive—are intended to be independent, nonpartisan officials who aim to prevent and detect waste, fraud, and abuse in the federal government. To execute their missions, IGs lead offices of inspector general (OIGs) that conduct various reviews of agency programs and operations—including audits, investigations, inspections, and evaluations—and provide findings and recommendations to improve them. IGs possess several authorities to carry out their respective missions, such as the ability to independently hire staff, access relevant agency records and information, and report findings and recommendations directly to Congress.
A total of 74 statutory IGs currently operate across the federal government. Statutory IGs can be grouped into four types: (1) establishment, (2) designated federal entity (DFE), (3) other permanent, and (4) special. Establishment (33 of 74) and DFE (31) IGs are governed by the Inspector General Act of 1978, as amended, whereas other permanent (7) and special (3) IGs are governed by separate statutes. Statutory authorities and requirements can differ among the four IG types, resulting in varied levels of independence, transparency, and accountability.
Statutory IGs are central actors on government oversight, and Congress plays a key role in establishing the structures and authorities to enable that oversight. The structure and placement of IGs in government agencies allows OIG personnel to develop the expertise necessary to conduct in-depth assessments of agency programs. Further, IGs' dual reporting structure—to agency heads and to Congress—positions them to advise agencies on how to improve their programs and policies and to advise Congress on how to monitor and facilitate such improvement. Congress, therefore, may have an interest in ensuring that statutory IGs possess the resources and authorities necessary to fulfill their oversight roles.
As the federal government continues to evolve, so too does the role of IGs in government oversight. Agency programs and operations have increased in terms of breadth, complexity, and interconnectedness. Consequently, IGs may face increasing demand to complete statutorily mandated reviews of programs and operations that require (1) a broader focus on program performance and effectiveness in addition to waste, fraud, and abuse; (2) analysis of specialty or technical programs, possibly in emerging policy areas; and (3) use of more complex analytical methods and tools. Congress may consider several options regarding IG structures, functions, and coordination as the role of IGs in government oversight evolves.
This report provides an overview of statutory inspectors general (IGs) in the federal government, including their structure, functions, and related issues for Congress.
Establishment of Statutory IGs
Statutory inspectors general (IGs) are intended to be independent, nonpartisan officials who prevent and detect waste, fraud, abuse, and mismanagement within federal departments and agencies. To execute their missions, IGs lead offices of inspector general (OIGs) that conduct audits, investigations, and other evaluations of agency programs and operations and produce recommendations to improve them. Statutory IGs exist in more than 70 federal entities, including departments, agencies, boards, commissions, and government-sponsored enterprises.
Brief History of Statutory IGs Until 1978
The origins of the modern-day IGs can be traced to the late 1950s, with the statutory establishment of an "IG and Comptroller" for the Department of State in 1959. Soon after, in 1962, the Kennedy Administration created an IG for the Department of Agriculture.1 Prior to the establishment of IGs in the federal government, agencies often employed internal audit and investigative units to combat waste, fraud, and abuse.2
In 1976, Congress established the first statutory IG that resembles the modern-day model for the Department of Health, Education, and Welfare (HEW; now the Department of Health and Human Services).3 Congressional investigations had uncovered widespread inefficiencies and mismanagement of the department's programs and operations, as well as weaknesses within the department's audit and investigative units.4 The House Committee on Government Operations investigative report recommended, among other things, that the Secretary of HEW place all audit and investigation units "under the direction of a single official who reports directly to the Secretary and has no program operating responsibilities."5 This official would be responsible for identifying "serious problems" and "lack of progress in correcting such problems."6 Congress ultimately established the HEW IG under this model7 as well as an IG for the Department of Energy under a similar model in 1977.8
The establishment of the HEW and Department of Energy IGs laid the groundwork for Congress to create additional statutory IGs through the Inspector General Act of 1978 (hereinafter IG Act).9 According to the Senate Committee on Governmental Affairs report that accompanied the legislation, the committee believed that extending the IG concept to more agencies would improve government programs and operations. The committee further identified IG independence from agency management as a key characteristic in fostering such improvements.10
The IG Act initially created 12 IGs for federal "establishments" and provided a blueprint for IG authorities and responsibilities.11 The act laid out three primary purposes for IGs:
Congress has substantially amended the IG Act three times since its enactment, as described below.14 The amendments generally aimed to expand the number of statutory IGs and enhance their independence, transparency, and accountability.
Statutory IGs may be grouped into four types: (1) establishment, (2) designated federal entity (DFE), (3) other permanent, and (4) special.18 Federal laws explicitly define only the first two types of IGs but not the latter two types, though stakeholders sometimes divide IGs into these four types. Consequently, this report groups IGs into the four types based on criteria that are commonly used to distinguish between IGs, including authorizing statute, appointment method, affiliated federal entity and the branch of government in which it is located, oversight jurisdiction, and oversight duration. Table 1 describes each IG type according to these criteria.
Feature |
Establishment IG |
DFE IG |
Other Permanent IG |
Special IG |
Authorizing statute |
IG Act |
Individual statutes outside of the IG Act |
||
Appointment method |
President, by and with the advice and consent of the Senate |
Agency head |
President, by and with the advice and consent of Senate or agency head |
President, by and with the advice and consent of Senate or President alone |
Affiliated federal entity |
Cabinet departments, Cabinet-level agencies, and larger agencies in the executive branch |
Smaller entities (e.g., boards, commissions, and government-sponsored enterprises) Certain intelligence agencies within DOD |
Certain legislative branch agencies Certain intelligence agencies outside of DOD |
Some affiliated with specified federal entities; others not expressly affiliated with a particular entity |
Oversight jurisdiction |
Authority to oversee the programs and |
Authority to oversee federal programs, operations, or funds as specified in authorizing statute |
||
Oversight duration |
Permanent (no sunset date) |
Temporary (allowed to sunset) |
Source: CRS analysis of the Inspector General Act of 1978, as amended, and authorizing statutes for other IGs.
Note: IGs can be grouped into types other than those listed based on a different set of criteria.
As of February 2023, 74 statutory IGs operate in the federal government.19 The IG Act governs 64 IGs, including 33 establishment and 31 DFE IGs. The remaining 10 IGs are governed by individual statutes outside the IG Act, including seven other permanent and three special IGs (Figure 1). Five out of seven other permanent IGs operate for legislative branch agencies—the Architect of the Capitol (AOC), Government Publishing Office (GPO), Government Accountability Office (GAO), Library of Congress (LOC), and U.S. Capitol Police (USCP). The remaining two operate for executive branch intelligence agencies—the Central Intelligence Agency (CIA) and Intelligence Community (IC). The three special IGs are the IGs for Afghanistan Reconstruction (SIGAR), the Troubled Asset Relief Program (SIGTARP), and Pandemic Recovery (SIGPR).20 Appendix A lists current statutory IGs by type.
Distribution of IGs Across Federal Entities
The majority of IGs oversee the activities of a single affiliated federal entity and its components. For example, the IG for the Department of Homeland Security (DHS) is responsible for evaluating programs and operations of the entire department and its components, such as the Federal Emergency Management Agency. In some cases, however, multiple IGs operate for a single entity. In other cases, one IG operates for multiple entities.
Multiple IGs Operating for a Single Federal Entity
Two Cabinet-level departments are affiliated with more than one IG: the Department of Defense (DOD) and the Department of the Treasury. Both departments have a department-wide IG and one or more separate IGs for certain components or programs (Table 2).
Department of Defense (DOD) IGs |
Department of the Treasury (DOT) IGs |
DOD (department-wide) Defense Intelligence Agency National Geospatial Intelligence Agency National Security Agency National Reconnaissance Office |
DOT (department-wide) Treasury Inspector General for Tax Administration (Internal Revenue Service) Special Inspector General for Pandemic Recovery (certain CARES Act programs) |
Source: CRS analysis of the Inspector General Act of 1978 and other statutes governing the listed IGs.
Notes: The table does not include IGs for U.S. Armed Forces within the DOD—the Air Force, Army, and Navy. While these military IGs exist in statute, their structure and authorities differ significantly from other statutory IGs and are beyond the scope of this report. In addition, the table does not include the Special Inspector General for Afghanistan Reconstruction (SIGAR) or the Special Inspector General for the Troubled Asset Relief Program (SIGTARP). Although SIGAR and SIGTARP might evaluate, respectively, DOD and DOT programs, they are not housed in or affiliated with the departments. While the Special Inspector General for Pandemic Recovery (SIGPR) is similar in authority and function to SIGAR and SIGTARP, it is organized within DOT under 15 U.S.C. §9053(a).
Single IG Operating for Multiple Federal Entities
Congress has authorized some IGs to oversee the programs, operations, and activities of more than one entity either on a permanent or temporary basis. The expansion of an IG's jurisdiction to include multiple entities has generally stemmed from agency reorganizations or congressional concern regarding oversight of a particular agency or program.21
Table 3 provides examples of IGs who have permanent expanded jurisdiction. In the past, Congress has also temporarily expanded IG jurisdiction to include operations of unaffiliated agencies. For example, Congress directed the GAO IG to serve concurrently as the IG for the Commission on Civil Rights for FY2012 and FY2013.22 The Consolidated Appropriations Act, 2014, authorized the DOT IG to oversee the Metropolitan Washington Airports Authority (MWAA), a nonfederal entity.23
Office of Inspector General |
Affiliated federal entities |
Description |
Authorizing statute and U.S. Code citation |
Intelligence Community (IC) |
IC elements (defined in 50 U.S.C. §3003) |
The IC IG is explicitly authorized to oversee the programs and activities under the purview of the Director of National Intelligence (DNI), who serves as the head of the IC. The IC IG replaced the now-defunct IG for the Office of the DNI, whose jurisdiction was limited to this office and who had substantially less authority and independence (P.L. 108-458, §1078). |
P.L. 111-259, §405 Codified in 50 U.S.C. §3033 |
Board of Governors of the Federal Reserve System (FRB) |
(1) FRB (2) Consumer Financial Protection Bureau (CFPB) |
The FRB IG is explicitly authorized to oversee the CFPB, which resulted from CFPB's establishment as a new "independent bureau" within the Federal Reserve System in 2010 under the Dodd-Frank Wall Street Reform and Consumer Protection Act. |
P.L. 111-203, §§1011 and 1081 Listed in 5 U.S.C. §415(a)(2). |
Department of Transportation (DOT) |
(1) DOT (2) National Transportation Safety Board (NTSB) |
The DOT IG is expressly authorized to oversee the "financial management, property management, and business operations" of the NTSB. Congress expanded the IG's jurisdiction to cover the NTSB in 2000 due to perceived lack of oversight of the board. |
P.L. 106-424, §12 Codified in 49 U.S.C. §1137 |
Department of State (DOS) |
(1) DOS (2) U.S. Agency for Global Media (USAGM) |
The DOS IG's jurisdiction was expanded to include USAGM upon the agency's removal from the DOS and establishment as an independent agency in 1998 under the Foreign Affairs and Restructuring Act. |
P.L. 105-277, Division G, Title XIII, Chapter 3, §1322 Listed in 22 U.S.C. §6209a |
U.S. Aid for International Development (USAID) |
(1) USAID (2) Overseas Private Investment Corporation |
The USAID IG has explicit authority to "conduct reviews, investigations, and inspections of all phases of the Corporation's activities and activities." |
P.L. 87-195, §239(e) Listed in 22 U.S.C. §2199(e) |
U.S. Postal Service (USPS) |
(1) USPS (2) Postal Regulatory Commission |
Under the Postal Service Reform Act of 2022, the USPS IG "shall function as the Inspector General for the Postal Regulatory Commission." |
P.L. 117-108, §209(a) 39 U.S.C. §202(e) |
Source: CRS analysis of statutes authorizing or expanding the oversight jurisdiction of each listed IG.
IGs conduct reviews of government programs and operations. The genesis and frequency of such reviews can vary. An IG generally conducts a review in response to a statutory mandate, at the request of Congress or other stakeholders (e.g., the President), or upon self-initiation. Reviews can occur once or periodically. IG reviews can be grouped into three broad categories: (1) performance audits,24 (2) inspections or evaluations, and (3) investigations.25 Table 4 and the sections below discuss certain differences between the review types in terms of three characteristics: quality standards, scope of analysis, and type of analysis.
Characteristic |
Performance Audita |
Inspection or Evaluation |
Investigation |
Quality standards |
Generally Accepted Government Auditing Standards (GAGAS, also known as the Yellow Book)b,c |
Quality Standards for Inspection and Evaluation (also known as the Blue Book)c,d |
Quality Standards for Investigationsc,e |
Type of analysis |
Programmatic (compliance, efficiency and effectiveness, internal control, prospective analysis)f |
Nonprogrammatic (individual misconduct) |
|
Scope of analysis |
Entire agency program or operation |
Specific aspect of a program or operation or a specific agency facility |
Actions of a government employee, contractor, or grantee |
Source: CRS analysis of laws, regulations, and administrative directives governing statutory IGs.
Notes: The table does not reflect all differences among audits, inspections or evaluations, and investigations. In addition, differences in the "scope of analysis" between a performance audit and inspection or evaluation vary and depend on the issue being evaluated. In some cases, the scope of analysis might be similar.
a. In addition to performance audits, IGs must conduct, or hire an independent external auditor to conduct, audits of agency financial statements (commonly referred to as a financial audit). See 31 U.S.C. §3521(e). Financial audits are beyond the scope of this report.
b. The U.S. Government Accountability Office (GAO) issues a publication containing the GAGAS, which is accessible at https://www.gao.gov/yellowbook/overview.
c. The Council of Inspectors General on Integrity and Efficiency (CIGIE) issues Quality Standards for Federal Offices of Inspectors General, known as the Silver Book, which apply to all IG reviews. The standards are accessible at https://www.ignet.gov/sites/default/files/files/Silver%20Book%20Revision%20-%208-20-12r.pdf.
d. These CIGIE-issued standards are accessible at https://www.ignet.gov/sites/default/files/files/QualityStandardsforInspectionandEvaluation-2020.pdf.
e. These CIGIE-issued standards are accessible at https://www.ignet.gov/sites/default/files/files/invprg1211appi.pdf. Criminal investigations conducted by OIGs with statutory law enforcement authority are also governed by guidelines established by the Attorney General. See U.S. Department of Justice, Guidelines for OIGs With Statutory Law Enforcement Authority, December 2003, https://www.ignet.gov/sites/default/files/files/agleguidelines.pdf.
f. GAO's Yellow Book identifies and defines four categories of performance audit objectives: (1) program effectiveness and results, (2) internal control, (3) compliance, and (4) prospective analysis. See GAO, Government Auditing Standards, 2018 Revision, GAO-18-568G, pp. 10-14, https://www.gao.gov/assets/700/693136.pdf.
IG reviews are governed by different quality standards. IG audits are subject to the generally accepted government auditing standards (GAGAS) developed by GAO.26 Inspections or evaluations and investigations, by contrast, are governed by separate standards developed by the CIGIE.27 While several standards are identical or similar across the three review types, the requirements to meet those standards differ by type. For example, one GAO report noted that IG audits are "subject to more depth in the requirements for levels of evidence and documentation supporting findings" than IG inspections.28
IG Audits vs. Inspections or Evaluations: Both IG audits and inspections or evaluations must adhere to a "quality control" standard, but the requirements to meet the standard differ between the two types of reviews. IG audit: GAO's Yellow Book requires an audit organization to, among other things (1) monitor the quality of audits and summarize the results of the monitoring process annually; and (2) identify a supervisor to manage an audit and fulfill specific responsibilities, such as tracking the progress of the audit and reviewing work performed by the audit team to ensure compliance with GAGAS.29 IG inspection or evaluation: CIGIE's Blue Book does not require annual reports on quality monitoring.30 Further, the supervisory requirements for an inspection call only for "adequate supervision" that ensures that all inspection team members understand the purpose and goals of the inspection. |
IG audits and inspections or evaluations include programmatic analysis, which may involve analyses related to the compliance, internal control, or efficiency and effectiveness of agency programs and operations.31 They also often include recommendations to improve such programs and operations. IG investigations, by contrast, typically include nonprogrammatic analysis and instead focus primarily on alleged misuse or mismanagement of an agency's programs, operations, or resources by an individual government employee, contractor, or grantee. Unlike audits and inspections or evaluations, IG investigations can directly result in disciplinary actions that are criminal (e.g., indictments and prosecutions) or administrative (e.g., monetary payments, suspension/debarment, or termination of employment).
Performance audits may be broader in scope compared to inspections or evaluations and investigations. A performance audit may assess the agency-wide implementation of a program across multiple agency components and facilities. An inspection or evaluation, by contrast, may sometimes focus on a specific aspect of a program or the operations of a particular agency facility or geographic region containing agency facilities. Investigations typically focus on the actions of a specific agency employee, grantee, or contractor for alleged misconduct or wrongdoing.
Example of Differences in Units of Analysis Among an IG Performance Audit, Inspection or Evaluation, and Investigation The Department of Veterans Affairs (VA) IG conducted several reviews of veteran wait times and access to care that varied in scope and analysis, such as
|
IG Statutory Authorities and Requirements
IGs possess many authorities and responsibilities to carry out their respective missions, many of which aim to establish and protect IG independence from undue influence. For example, the IG Act grants covered IGs broad authority to
The subsections below and Appendix B compare selected statutory authorities and requirements by IG type: establishment, DFE, other permanent, and special. However, the manner in which each IG interprets and implements these authorities and responsibilities can vary widely, thus potentially resulting in substantially different structures, operations, and activities across IGs.
The discussion in this section focuses on IG authorities and requirements that are expressly mandated in the applicable authorizing statute.36 Although special IGs and other permanent IGs in the legislative branch are not created under the IG Act, their authorizing statutes incorporate—and therefore make applicable—certain provisions of the IG Act. These "incorporation by reference" provisions are subject to some interpretation. Even when the authorizing statute for a special IG or other permanent IG in the legislative branch clearly and unequivocally incorporates a specific provision of the IG Act, interpretation may vary regarding whether subsequent amendments to that incorporated provision apply to the IGs if they occurred after the enactment of the IG's authorizing statute.37
As mentioned previously, establishment, DFE, and other permanent IGs generally do not have cross-agency jurisdiction and therefore evaluate only the programs, operations, and activities of their respective affiliated agencies. For example, the DHS IG must annually evaluate the department's information security programs and practices, but it does not evaluate such programs and practices for another department.38 Oversight jurisdiction, however, can extend to nonfederal third parties, such as contractors and grantees. For example, the IG for the National Archives and Records Administration audited the agency's management of grant fund use by certain grantees.39
Some special IGs, by comparison, possess express cross-agency jurisdiction. They are authorized to evaluate a specific program, operation, or activity irrespective of the agencies implementing them. For instance, SIGAR oversees all federal funding for programs and operations related to Afghanistan reconstruction, which involves multiple agencies. SIGAR, therefore, may examine government-wide efforts to train, advise, and assist the Afghan National Defense and Security Forces.40 The DOD IG, by contrast, may examine only reconstruction activities under DOD's purview, such as the military's efforts to train, advise, and assist the Afghan Air Force.41
SIGPR and Pandemic Oversight In March 2020, Congress passed the Coronavirus Aid, Recovery, and Economic Security (CARES) Act,42 which provided funding to a number of federal agencies and programs in response to the pressures created by the COVID-19 pandemic. The CARES Act also established a variety of oversight mechanisms to monitor how these funds were used. This included the creation of the Special Inspector General for Pandemic Recovery (SIGPR) to provide oversight of Department of the Treasury (DOT) programs included in Title IV of the CARES Act.43 Unlike the other two special IGs (the SIGAR and SIGTARP), SIGPR's jurisdiction is limited to certain activities of the DOT under the CARES Act and does not extend to other agencies. In addition, there has been disagreement within DOT regarding the extent of SIGPR's jurisdiction. SIGPR has argued that its jurisdiction extends to all DOT programs under the CARES Act, while other DOT officials have argued that its jurisdiction is limited to Title IV programs. In April 2021, the Department of Justice's Office of Legal Counsel issued an opinion concluding that the SIGPR's jurisdiction was limited to CARES Act Title IV programs.44 SIGPR has asked Congress to consider expanding its jurisdiction.45 |
Most statutory IGs (71 of 74) must be appointed "without regard to political affiliation" and "on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations."46 The appointment qualifications for the three special IGs do not include this "without regard to political affiliation" language, but they do include the other language regarding integrity and technical expertise.47 Statutory IGs are appointed under one of three different methods:
As shown in Table 5, a total of 38 out of 74 statutory IGs are appointed by the President, 37 of which—establishment IGs (33), other permanent IGs in the executive branch (2), the SIGTARP, and SIGPR—require Senate confirmation. SIGAR is the only statutory IG appointed by the President alone without Senate confirmation. In addition, 36 out of 74 IGs are appointed by the heads of their affiliated federal entities: designated federal entity (DFE) (31) and other permanent IGs in the legislative branch (5). Unlike other IGs, the U.S. Capitol Police and Architect of the Capitol IGs must be appointed by their affiliated entity heads in consultation with other permanent IGs in the legislative branch.48
Authorizing Statutes |
President Nominates, Senate Confirms |
Agency or Entity Head Appoints |
President Appoints |
Total |
Inspector General Act of 1978, as amended |
33a |
31b |
0 |
64 |
Other statutes |
4c |
5d |
1e |
10 |
Total |
37 |
36 |
1 |
74 |
Source: CRS analysis of authorizing statutes for the listed IGs. The table does not include statutory IGs that have been abolished.
a. Includes all establishment IGs. See 5 U.S.C. §§403 and 401(1).
b. Includes all DFE IGs. See 5 U.S.C. Appendix (IG Act), §415(c).
c. Includes the IGs for the Central Intelligence Agency, the Intelligence Community, and the Special IG for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery. See, respectively, 50 U.S.C. §3517(b)(1), 50 U.S.C. §3033(c)(1), 12 U.S.C. §5231(b)(1), and 15 U.S.C. §9053(b)(1).
d. Includes the IGs for the Architect of the Capitol, Government Accountability Office, Government Publishing Office, Library of Congress, and the U.S. Capitol Police. See, respectively, 2 U.S.C. §1808(c)(1)(A), 31 U.S.C. §705(b)(1), 44 U.S.C. §3902(a), 2 U.S.C. §185(c)(1)(A), and 2 U.S.C. §1909(b)(1).
e. Includes the Special IG for Afghanistan Reconstruction. See 5 U.S.C. §415 note.
IGs can be removed or transferred to another position under one of two different methods: (1) by the President, or (2) by the head of the affiliated federal entity. Establishment, special, and other permanent IGs in the executive branch are removable or transferrable by the President.49 In contrast, DFE IGs and other permanent IGs in the legislative branch are removable or transferrable by the heads of their affiliated entities.50 Additional procedures are required to remove or transfer certain IGs as follows:
In most cases, Congress must receive advanced notice of an IG's removal or transfer. The removal authority must communicate to both houses of Congress, in writing, the "substantive rationale" for the IG's removal or transfer 30 days in advance for establishment, DFE, and special IGs—representing 68 out of 74 IGs.54 Additionally, this notice must include information on any "open or completed inquiry" into the IG being removed.55
Advanced notice requirements for removal vary across other permanent IGs. Authorizing statutes for other permanent IGs in the executive branch require the same 30-day advanced written notice (including substantive rationale) but only to the congressional intelligence committees. Authorizing statutes for the other permanent IGs in the legislative branch do not explicitly require advanced notice and instead require written communication to Congress explaining the reason for removal.56 Advanced notice to Congress is not explicitly required for transfers of other permanent IGs.
All but two statutory IGs may serve indefinitely. The USPS and USCP IGs are subject to term limits. The USPS IG is appointed to a seven-year term and can be reappointed for an unlimited number of terms.57 The USCP IG is appointed to serve a five-year term for up to three terms (15 years total).58
Transparency of Budget Formulation and Proposals
Establishment, DFE, and other permanent IGs in the executive branch are required to develop annual budget estimates that are distinct from the budgets of their affiliated entities. Further, such budget estimates must include some transparency into the requested amounts before agency heads and the President can modify them.59 The budget formulation and submission process for the aforementioned IG types includes the following key steps:
This process provides IGs at least some budgetary independence from their affiliated entities, particularly by enabling Congress to perceive differences between the budgetary perspectives of IGs and affiliated agencies or the President. Governing statutory provisions outline the following submission process, although it is unclear whether every IG interprets the statute similarly. Notably, one congressional committee investigation questioned whether the President was consistently following the IG Act's requirements for transparency of IG budget formulation.62
Treatment of budget estimates for other permanent IGs in the legislative branch varies. The authorizing statues for the USCP, LOC, and GAO IGs do not explicitly require the IGs to develop budget estimates that are distinct from the affiliated entity's budget request.63 The extent to which these budget estimate requirements apply to the special IGs and the GPO and AOC IGs is unclear.64 Some of these IGs have historically developed separate budget estimates.65
Federal laws explicitly provide establishment IGs and other permanent IGs in the executive branch a separate appropriations account for their respective offices.66 This requirement provides an additional level of budgetary independence from the affiliated entity by preventing attempts to limit, reallocate, or otherwise reduce IG funding once it has been specified in law, except as provided through established transfer and reprogramming procedures and related interactions between agencies and the appropriations committees.67
Appropriations for DFE IGs and other permanent IGs in the legislative branch, in contrast, are part of the affiliated entity's appropriations account. Absent statutory separation of a budget account, the appropriations may be more susceptible to some reallocation of funds, although other protections may apply.68 Authorizing statutes for special IGs do not explicitly require separate appropriations accounts, although in practice the President may propose, and Congress may fund, special IGs through separately listed accounts.69
Statutory IGs have various reporting obligations to Congress, the Attorney General, agency heads, and the public. Some reporting requirements are periodic, while others are triggered by a specific event. The subsections below highlight some of the required reports for statutory IGs.70
The IG Act requires establishment and DFE IGs to issue semiannual reports that summarize the activities of their offices. For example, the reports must include a summary of each audit and inspection or evaluation report issued before the start of the reporting period that includes "outstanding unimplemented recommendations" and the aggregate potential cost savings of those recommendations.71 The IG Act further requires DFE and establishment IGs to make semiannual reports available to the affiliated entity head, Congress, and the public, as follows:
Other permanent IGs must also issue semiannual reports, though required content can vary by IG.73 For example, the semiannual report for the IC IG must include comparatively less information on OIG activities than establishment and DFE IGs. Further, the IC IG has an additional reporting requirement to certify whether the IG has had "full and direct access to all information" relevant to IG functions.74 Special IGs are required to issue quarterly reports rather than semiannual reports, which must include a "detailed statement" of obligations, expenditures, and revenues associated with the programs, funds, and activities that they oversee.75
Establishment, DFE, and most other permanent IGs (five out of seven) are required to immediately report to their affiliated entity heads any "particularly serious or flagrant problems, abuses or deficiencies relating to the administration of programs and operations" at their affiliated entities. The affiliated entity head must transmit the report unaltered to Congress within seven calendar days.76 This type of report is commonly referred to as the "seven-day letter." Authorizing statutes for the USCP and GAO IGs do not explicitly require issuance of seven-day letters, but they may do so in practice.77 The extent to which such requirements apply to special IGs is unclear.78
Top Management and Performance Challenges
The Reports Consolidation Act of 2000 requires IGs for executive branch agencies to annually identify the "most serious management and performance challenges" facing their affiliated agencies and to track the agency's progress in addressing those challenges.79 These are commonly referred to as top management and performance challenges (TMPCs). A covered IG must submit the statement to the affiliated entity head 30 days in advance of the entity head's submission of the Annual Financial Report (AFR) or Performance and Accountability Report (PAR). The agency head must include the statement unaltered (but with any comments) in the entity's AFR or PAR. IGs for government corporations in the executive branch, as well as special IGs and other permanent IGs in the legislative branch, are not explicitly required to identify TMPCs.80 However, some of these IGs have elected to do so.81 CIGIE has periodically released reports on common TMPCs facing multiple agencies.82
Transparency of IG Reports and Recommendations
Federal laws require varied levels of transparency for IG reports and related recommendations for corrective action. The IG Act requires the following for establishment and DFE IGs:
Application of these transparency requirements varies among other permanent IGs as follows:
Special IG reports are also subject to certain transparency requirements. The Special Inspector General for the Troubled Asset Relief Program's authorizing statute requires the IG to make its quarterly reports available to the public, but the statute does not explicitly require those reports to be posted on a public website.93 SIGAR must make its quarterly reports available to the public and post them on a public website in English and other languages that the IG determines "are widely used and understood in Afghanistan."94 SIGPR, by contrast, is only explicitly required, under its authorizing statute, to issue its quarterly reports to Congress.95 The extent to which special IGs must post individual audits, inspections, or evaluation reports and documents containing recommendations on their websites or other public websites is unclear.96
The majority of IGs have elected to participate in Oversight.gov—an electronic repository launched in October 2017 that contains most IG reports issued since 2014 and some earlier reports.97 While Oversight.gov was originally created on the initiative of the oversight community, in 2020 Congress passed legislation requiring CIGIE to "establish and maintain" the website and requiring most IGs to participate.98 Unlike many individual OIG websites, Oversight.gov features a searchable database that can filter reports across OIGs based on several criteria, such as a specific IG, review type, or keyword. Since January 2023 all IGs have been listed as participants on the website. IGs determine which reports to post on the website, and most, but not all, participating IGs post at least some reports. Many reports, including some not published on Oversight.gov, are also available on individual OIG websites.
Coordination and Oversight of Statutory IGs
Council of the Inspectors General on Integrity and Efficiency
CIGIE is the primary oversight and coordinative body for the IG community. The council consolidated and replaced two IG coordinating bodies previously established by executive order: the President's Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency.99 CIGIE members include all statutory IGs along with other relevant officers, such as representatives of the Federal Bureau of Investigation (FBI) and the Office of Special Counsel. The council chairperson is an IG elected from members of the council, and the Office of Management and Budget Deputy Director for Management serves as the executive chairperson.100
Pursuant to the IG Act, CIGIE's mission is to "address the integrity, economy, and effectiveness of issues that transcend individual Government agencies" and "increase the professionalism and effectiveness of [OIG] personnel."101 The IG Act vests CIGIE with several responsibilities to accomplish this mission,102 which can be grouped into the following categories:
Historically, CIGIE has not received a direct appropriation from Congress. Rather, the council is financed by the IG member offices, which contribute a pro rata amount of their annual funding to CIGIE together with payments received in connection with attendance at CIGIE training. The contributions are placed into a no-year revolving fund.111
Other interagency mechanisms have been created by law or administrative directive to support coordination among IGs for specific issues. Current examples are described below.112
Statutory IGs play a key role in government oversight, and Congress plays a key role in establishing the structures and authorities to enable that oversight. The structure and placement of IGs in government agencies allows OIG personnel to develop the expertise necessary to conduct in-depth assessments of agency programs. Further, IGs' dual reporting structure—to their agency heads and Congress—positions them to advise agencies on how to improve their programs and policies and to advise Congress on how to monitor and facilitate such improvement. Congress, therefore, may have an interest in ensuring that statutory IGs possess the resources and authorities necessary to fulfill their oversight roles.
As the federal government continues to evolve, so too does the role of IGs in government oversight. Agency programs and operations have increased in breadth, complexity, and interconnectedness. Consequently, IGs may face increasing demand to complete statutorily mandated reviews of programs and operations that require (1) a broader focus on program performance and effectiveness in addition to waste, fraud, and abuse; (2) analysis of specialty or technical programs, possibly in emerging policy areas;118 and (3) use of more complex analytical methods and tools.
Congress may consider several options regarding IG structures, functions, and coordination as the role of IGs in government oversight evolves.119 In serving Congress with nonpartisan and objective analysis and research, CRS does not make recommendations or take positions on particular options.
Federal laws and administrative standards require IGs to be independent of the entities and/or activities they evaluate. There is no standard definition, however, for what constitutes IG independence. Rather, IGs derive independence from a combination of statutory authorities and requirements, such as the requirement that IGs be appointed on the basis of integrity and demonstrated ability in certain skill sets, and independence and transparency of IG budgets.120 It could be argued that challenges remain to ensuring that IGs possess the requisite independence to carry out their missions. Congress may consider several broad questions if it weighs further options related to IG independence, such as the following:
To a large extent, independence is a state of mind of the auditor. The extent to which an auditor's independence has been affected by surrounding influences cannot be easily assessed by a third party. Any effort to assess auditor independence requires considerable subjective judgment, and reasonable people have room for disagreement.121
Appointment and Removal Methods
As noted earlier in this report, IGs can generally be appointed under one of three methods: (1) by the President, with the advice and consent of the Senate (PAS); (2) by the President alone (PA); or (3) by the affiliated entity head. Observers have asserted that appointment and removal methods affect an IG's independence and effectiveness—both directly and indirectly—though opinions vary regarding the level and type of impact. Following the removal of IGs during both the Obama and Trump Administrations, the issue of removal has received particular attention in Congress.125 Congress addressed some of its principal concerns regarding removal and IG independence with provisions included in the FY2023 National Defense Authorization Act (P.L. 117-263), which require more substantive reporting to Congress prior to removals and limit the circumstances under which IGs can be removed or placed on non-duty status.126
Direct Impact
Some observers have argued that the PAS appointment method strengthens IG independence. For example, GAO general counsel Gary Kepplinger suggested that PAS-appointed IGs experience greater organizational independence compared to agency-appointed IGs, noting that "the further removed the appointment source is from the entity to be audited, the greater the level of independence."127 Others have asserted that PAS appointments—including converting an IG from agency appointment to a PAS appointment—might politicize the IG position and reduce IG effectiveness.128
Similar debates exist regarding IG removal methods. Some observers have expressed concern over potential politicization of the IG removal process, which may undermine IG independence.129 Some have suggested that limiting the removal of IGs "for cause" could mitigate arbitrary removal (such as for political reasons) and enhance IG independence.130 Others have asserted that this limitation might prevent the President or agency heads from removing IGs for legitimate reasons (such as poor performance), thus diminishing IG accountability.131
Indirect Impact
IG appointment and removal methods may also indirectly affect independence by contributing to IG vacancies. Concerns exist that the IG vetting and confirmation processes (particularly PAS appointments) take too long, leading to prolonged IG vacancies and use of acting IGs.132 It could also be argued that removal methods (such as "for cause" removal and term limits) might increase the number and length of IG vacancies.
Some observers have argued that acting IGs are inherently, or may be perceived as, less independent or effective compared to permanent IGs for various reasons. Examples include not having gone through formal vetting processes, reduced ability to set long-term strategies and priorities, and perverse incentives not to report problems in agency operations or resist political pressure from agency heads—particularly for those seeking the permanent position.133 For example, in a letter to the majority and minority leaders of the Senate for the 115th Congress, CIGIE stated that
no matter how able or experienced an Acting Inspector General may be, a permanent IG has the ability to exercise more authority in setting policies and procedures and, by virtue of the authority provided for in the IG Act, inevitably will be seen as having greater independence.134
Other observers have asserted that acting IGs are not inherently less independent, nor do they appear or are perceived as less independent, than permanent IGs. For example, in a GAO report, some permanent IGs and OIG employees responding to a survey provided several reasons for why acting IGs are not less independent than permanent IGs. Examples include that acting IGs have the same statutory authorities as permanent IGs, are held to the same standards as permanent IGs, and are typically career OIG employees who prioritize independence.135
Audit Follow-Up and Oversight of IG Recommendations
While IGs are authorized to develop recommendations to improve government programs and operations, they are not authorized to enforce them.136 Rather, agencies possess the authority to ensure the implementation of IG recommendations and resolve any disagreements on recommendations between the IG and the agency.137 Certain agencies must "take action to address deficiencies" identified in IG reports or to certify that no action is necessary or appropriate.138
Congress and other observers have expressed concern about the total number of unimplemented IG recommendations and potential barriers to resolving them, such as the quality and consistency of agency and IG audit follow-up procedures, tracking unimplemented recommendations, and determining the resolution of recommendations.139 Some observers have discussed options to improve audit follow-up and oversight of IG recommendations, such as
Workforce Composition and Skills
OIGs need personnel with an appropriate mix of skills to effectively pursue their statutory missions to prevent and detect government waste, fraud, and abuse. Traditionally, OIG workforces have been primarily composed of auditors and investigators, though OIG workforce professions and skills have diversified.142 These positions generally require education and experience in audit and investigative procedures, such as assessing agency programs according to government auditing standards and compiling and analyzing evidence. However, the qualification requirements for these positions may not require experience in certain specialty areas that OIGs might evaluate, such as information technology (IT).143
Some have argued that OIGs should further diversify their workforces, including by building expertise in specialty areas beyond auditing and investigations such as IT, cybersecurity, and data analysis. Some observers have further argued that broadening the mix of OIG personnel skills could improve the quality and utility of audits and inspections or evaluations.144 For example, it could be argued that building IT expertise within an OIG might enhance audit findings and recommendations related to securing and modernizing legacy IT systems—a key management and performance challenge facing multiple agencies.145
Some observers have asserted that IG reviews disproportionately focus on program compliance and outputs rather than program outcomes.146 The Partnership for Public Service characterized this dichotomy as "the difference between counting the number of people who show up at a job training program, versus examining the number of attendees who get and keep a job after participating in the program."147 Observers have further argued that greater emphasis on program outcomes could better improve agency programs and operations and, by extension, increase IG effectiveness. Some IGs already assess program outcomes in addition to outputs and compliance. For example, a Department of Labor IG audit concluded that the Job Corps program could not demonstrate that it helped place participants in meaningful jobs related to their training due primarily to noncompliance with certain program policies and ineffective transition services.148
In addition, some observers have argued that certain statutory requirements do not promote IG effectiveness. For example, the Project on Government Oversight argued that statutorily required metrics in IG semiannual reports focus on program outputs—such as the dollar value of disallowed costs—but not necessarily on program outcomes149 and that the IG peer review process focuses on compliance with applicable quality standards and does not evaluate the quality or effectiveness of an IG's work.150 Including an evaluation of IG performance and effectiveness as part of the peer review process might impact how IGs approach, conduct, and report on audits and investigations.
Some observers have argued that CIGIE's structures and operations could be altered to strengthen coordination and oversight of the IG community.151 Examples include the following:
Appendix A. Statutory Inspectors General by Type
The four tables below list statutory inspectors general (IGs) by type—establishment, DFE, other permanent, and special. The tables include the IG's affiliated entity, year of establishment, and original authorizing statute. The tables do not include IGs that have been abolished or administratively established.
Office of Inspector General |
Year |
Original |
Department of Health and Human Servicesa |
1976 |
|
Department of Energya |
1977 |
|
Department of Agriculture Department of Commerce Department of Housing and Urban Development Department of Labor Department of the Interior Department of Transportation Department of Veterans Affairs Environmental Protection Agency and Chemical Safety Hazard and Investigation Boardb General Services Administration National Aeronautics and Space Administration Small Business Administration |
1978 |
|
Department of Education |
1979 |
|
Department of State and U.S. Agency for Global Mediac |
1980 |
|
Agency for International Development |
1981 |
|
Department of Defense |
1982 |
|
Railroad Retirement Board |
1983 |
|
Department of Justice Department of the Treasury Nuclear Regulatory Commission Office of Personnel Management |
1988 |
|
Corporation for National and Community Service (AmeriCorps) |
1993 |
|
Federal Deposit Insurance Corporation (FDIC)d |
1993 |
|
Social Security Administration |
1994 |
|
Treasury IG for Tax Administration |
1998 |
|
Tennessee Valley Authority (TVA)e |
2000 |
|
Department of Homeland Security |
2002 |
|
Export-Import Bank of the United States |
2002 |
|
Federal Housing Finance Agency (FHFA)f |
2008 |
|
National Reconnaissance Office (NRO)g |
2014 |
|
National Security Agency (NSA)g |
2014 |
|
Federal Communications Commission (FCC)h |
2018 |
Source: CRS analysis of the United States Code and original authorizing statutes for the listed IGs.
Notes: "Federal establishments" are defined in 5 U.S.C. §401(1). IGs for establishments are appointed and removable by the President. The table does not include previous establishment IGs that were abolished.
a. The IG Amendments Act of 1988 (P.L. 110-504) abolished the IGs for the Departments of Energy and Health, Welfare, and Education and created IGs for the Department of Energy and Department of Health and Human Services as "establishments" under the IG Act of 1978.
b. The EPA IG also oversees the Chemical Safety and Hazard Investigation Board, which was established under the Clean Air Amendments Act of 1990 (P.L. 101-549).
c. The Foreign Affairs and Restructuring Act (P.L. 105-207, §1322) expanded the Department of State IG's jurisdiction to include the U.S. Agency for Global Media in 1998.
d. The FDIC was originally defined as a designated federal entity (DFE) under the IG Amendments Act of 1988. The Resolution Trust Corporation Completion Act (P.L. 103-204) redesignated the FDIC as an establishment.
e. The TVA was originally defined as a DFE under the IG Amendments Act of 1988. The Bill to Amend the Inspectors General Act of 1978 (5 U.S.C. App) to Provide That Certain Designated Federal Entities Shall Be Establishments Under Such Act, and For Other Purposes (P.L. 106-422) redesignated the TVA as an establishment.
f. The IG Amendments Act of 1988 originally defined the Federal Home Loan Bank Board as a DFE. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (P.L. 101-73) abolished the board, replaced it with the Federal Housing Finance Board (FHFB), and designated the FHFB as a DFE. The Housing and Economic Recovery Act of 2008 (P.L. 110-289) abolished the FHFB, replaced it with the FHFA, and designated the FHFA as an establishment.
g. The NRO and NSA were originally defined as DFEs under the Intelligence Authorization Act for Fiscal Year 2010 (P.L. 111-259). The Intelligence Authorization Act for Fiscal Year 2014 (P.L. 113-126) redesignated the NRO and NSA as establishments.
h. The FCC was originally defined as a DFE under the IG Amendments Act of 1988. The Consolidated Appropriations Act, 2018 (P.L. 115-141) redesignated the FCC as an establishment.
Office of Inspector General |
Year |
Original |
Amtrak Appalachian Regional Commission Board of Governors of the Federal Reserve and the Bureau of Consumer Financial Protectiona Commodity Futures Trading Commission Consumer Product Safety Commission Corporation for Public Broadcasting Equal Employment Opportunity Commission Farm Credit Administration Federal Election Commission Federal Labor Relations Authority Federal Maritime Commission Federal Trade Commission Legal Services Corporation National Archives and Records Administration National Credit Union Administration National Endowment for the Arts National Endowment for the Humanities National Labor Relations Board National Science Foundation Peace Corps Pension Benefit Guaranty Corporation Smithsonian Institution U.S. International Trade Commission U.S. Postal Serviceb U.S. Securities and Exchange Commission |
1988 |
|
Denali Commission |
1999 |
|
Election Assistance Commission |
2002 |
|
Defense Intelligence Agency |
2010 |
|
National Geospatial-Intelligence Agency |
2010 |
|
Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne) |
2015 |
|
U.S. International Development Finance Corporation |
2018 |
Source: CRS analysis of the United States Code and original authorizing statutes for the listed IGs.
Notes: "Designated federal entities" (DFEs) are defined in 5 U.S.C. §415(a)(2). The table does not include previous DFE IGs that were abolished.
a. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, §1011 and §1081) expanded the jurisdiction of the IG for the Federal Reserve Board to cover the Consumer Financial Protection Bureau.
b. The Postal Service Reform Act of 2022 (P.L. 117-108; §209(a)) expanded the jurisdiction of the IG for the U.S. Postal Service to cover the Postal Regulatory Commission.
Office of Inspector General |
Year |
Original authorizing |
U.S. Code |
Government Publishing Officea |
1988 |
44 U.S.C. §3901-3903 |
|
Central Intelligence Agency |
1989 |
50 U.S.C. §3517 |
|
Library of Congress |
2005 |
2 U.S.C. §185 |
|
U.S. Capitol Police |
2005 |
2 U.S.C. §1909 |
|
Architect of the Capitol |
2007 |
2 U.S.C. §1808 |
|
Government Accountability Office |
2008 |
31 U.S.C. §705 |
|
Intelligence Community |
2010 |
50 U.S.C. §3033 |
Source: CRS analysis of the United States Code and original authorizing statutes for the listed IGs.
Notes: Includes agency IGs that operate under individual statutes outside of the IG Act of 1978, as amended. The table does not reflect other permanent IGs that were abolished.
Office of Inspector General |
Year |
Original |
U.S. Code |
Special Inspector General for Afghanistan Reconstruction (SIGAR) |
2008 |
5 U.S.C. §415 note |
|
Special Inspector General for the Troubled Asset Relief Program (SIGTARP) |
2008 |
12 U.S.C. §5231 |
|
Special Inspector General for Pandemic Recovery (SIGPR) |
2020 |
15 U.S.C. §9053 |
Source: CRS analysis of the United States Code and original authorizing statutes for the listed IGs.
Notes: Includes IGs that operate under individual statutes outside of the IG Act of 1978, as amended, and have statutory sunset dates. The table does not include previous special IGs that expired or were abolished.
Appendix B. Selected IG Statutory Authorities and Requirements
Table B-1 compares selected statutory authorities and requirements across the four different types of statutory IGs in the federal government. Unless otherwise noted in bold, the listed authorities and requirements apply to all IGs grouped under each type. The table focuses on IG authorities and requirements that are expressly mandated in the applicable authorizing statute. Although special IGs and other permanent IGs in the legislative branch are not created under the IG Act, their authorizing statutes incorporate—and therefore make applicable—certain provisions of the IG Act. These "incorporation by reference" provisions are subject to some interpretation. Even when the authorizing statute for a special IG or other permanent IG in the legislative branch clearly and unequivocally incorporates a specific provision of the IG Act, interpretation may vary regarding whether subsequent amendments to that incorporated provision apply to the IGs if they occurred after the enactment of the IG's authorizing statute.153
The list below defines and explains recurring terms included in the table:
Table B-1. Comparison of Selected Statutory Authorities and Requirements for IGs
Unless otherwise noted in bold, the listed authorities and requirements apply to all IGs grouped under each type
Authority or Requirement |
Establishment |
DFE |
Other Permanent IG |
Special IG |
|
Appointment, Removal, Term Limits, and Oversight Jurisdiction |
|||||
Oversight jurisdiction |
Single-agency jurisdiction. Oversight of programs, operations, and activities under the jurisdiction of a single affiliated federal entity or entities (see Table 3 for examples of exceptions) |
Cross-agency jurisdiction. Oversight of a program, operation, or activity irrespective of agency jurisdiction SIGPR: Jurisdiction over Department of the Treasury's CARES Act Title IV programs |
|||
Appointment method |
Appointed by President with the advice and consent of the Senate |
Appointed by the affiliated entity head USPS IG: Appointed by a majority vote of the Postal Board governors and the Postal Regulatory commissioners.d |
Appointed by President with the advice and consent of the Senate |
Appointed by the affiliated entity head USCP and AOC IGs: Appointed by the affiliated entity head in consultation with other legislative branch IGsc |
Appointed by the President with the advice and consent of the Senate SIGAR: Appointed by the President alone |
Removal or transfer method |
Removal or transfer by President for any reason |
Removal or transfer for any reason by the entity head, or upon written concurrence of two-thirds majority of the governing board, committee, or commission USPS IG: Removal for cause only upon written concurrence of seven out of nine Postal Board governors and three Postal Regulatory commissionerse |
Removal only by President for any reason |
Removal only by affiliated entity head for any reason USCP IG: Removal only upon unanimous vote of all voting members of the Capitol Police Board for any reasonf |
Removal or transfer by President for any reason |
Congressional notification of removal or transfer |
President to notify Congress, in writing, the substantive rationale for removal or transfer no later than 30 days before the action |
Affiliated entity head to notify Congress, in writing, the substantive rationale for removal or transfer no later than 30 days before the action |
President to notify congressional intelligence committees, in writing, the substantive rational for removal no later than 30 days before the action |
Affiliated entity head to promptly notify Congress, in writing, the reasons for a removal only upon such removalg USCP IG: Capitol Police Board to notify certain congressional committees, in writing, the reasons for removal only upon such removalh |
President to notify Congress, in writing, the substantive rationale for removal or transfer no later than 30 days before the action |
Term limit |
None USPS IG: Seven-year term limit for unlimited number of termsi |
None USCP IG: Five-year term limit for up to three termsj |
None |
||
Salary, Appropriations, and Budget Formulation |
|||||
Salary |
Executive Schedule (EX) III maximum, plus 3% |
Not less than the average total compensation of the affiliated entity's senior level executives |
EX III maximum, plus 3% |
Specific dollar amount below the salary of the affiliated entity head GPO and LOC IGs: No specific amount or pay scale specified in authorizing statutesk |
EX III maximum, plus 3% |
Budget formulation |
Standalone annual budget estimate separate from affiliated agency's budget estimate |
No similar requirement specified in authorizing statutes (although subject to congressional direction)l AOC and GPO IGs: Unclear requirement |
Unclear requirementm |
||
Appropriations |
Separate appropriations account in President's budget |
No separate account |
Separate appropriations account in President's budget |
No separate account |
No similar requirement specified in authorizing statutesn |
Reporting Requirements |
|||||
Semiannual or quarterly reports |
Required to issue a semiannual report that summarizes IG activities specified in the IG Act |
Similar requirement (IGs must issue a semiannual report, but required elements of the report can vary) |
Required to issue quarterly reports that include a detailed statement of all obligations, expenditures, and revenues associated with covered programs and activities |
||
Seven-day letter |
Required to report "particularly serious or flagrant problems, abuses, or deficiencies" in agency programs or operations to affiliated entity head, who must transmit the report unaltered to appropriate congressional committees and subcommittees within seven days |
Similar requirement |
Identical requirement GAO and USCP IGs: No similar requirement specified in authorizing statutes |
Unclear requirement |
|
Top management challenges |
Required to report the "most serious management and performance challenges facing the agency" and the agency's progress in addressing those challenges IGs for government corporations: Statutorily exempto |
No similar requirement specified in authorizing statutes |
|||
Transparency of IG Reports and Recommendations |
|||||
Transparency of reports and recommendations |
Semiannual reports. Required availability to the public "upon request and at a reasonable cost" |
Semiannual reports. No similar requirement specified in authorizing statutes |
Semiannual reports. Identical requirement GAO: No similar requirement specified in authorizing statute |
Quarterly reports. SIGTARP: Available to the public upon request SIGAR: Available on a public website SIGPR: Available to Congress |
|
Audits and inspections or evaluations on website. Reports (or portion of the reports) must be posted on the OIG's website within three days of submitting final versions of the reports to the affiliated entity head |
Audits and inspections or evaluations on website. No similar requirement specified in authorizing statutes |
Audits and inspections or evaluations on website. No similar requirement specified in authorizing statute |
Audits and inspections or evaluations on website. Unclear requirement |
||
Documents with recommendations on website. Any "documents making a recommendation for corrective action" must be posted on the OIG's website within three days of submitting the final recommendation to the affiliated entity head |
Documents with recommendations on website. No similar requirement specified in authorizing statutes |
Documents with recommendations on website. Unclear requirement GAO IG: No similar requirement specified in authorizing statute |
Documents with recommendations on website. Unclear requirement |
Source: CRS analysis of the IG Act and authorizing statutes for IGs established outside of the IG Act.
Notes: The table focuses on IG authorities and requirements that are expressly mandated in the applicable authorizing statute. Although special IGs and other permanent IGs in the legislative branch are not created under the IG Act, their authorizing statutes incorporate—and therefore make applicable—certain provisions of the IG Act. It should be noted that these "incorporation by reference" provisions are subject to some interpretation. Even when the authorizing statute for a special IG or other permanent IG in the legislative branch clearly and unequivocally incorporates a specific provision of the IG Act, interpretation may vary regarding whether subsequent amendments to that incorporated provision apply to the IGs if they occurred after the enactment of the IG's authorizing statute.
a. Includes IGs for the Central Intelligence Agency and Intelligence Community.
b. Includes the IGs for the Architect of the Capitol (AOC), Government Accountability Office, Government Publishing Office (GPO), Library of Congress (LOC), and U.S. Capitol Police (USCP).
c. 2 U.S.C. §1909(b)(1) (UCSP IG); 2 U.S.C. §1808(c)(1)(A) (AOC IG).
e. 39 U.S.C. §202(e)(3).
g. Pursuant to 2 U.S.C. §1909(b)(3), the Capital Police Board must communicate the reasons for removing the USCP IG prior to the end of his/her term to the House Committee on Administration, Senate Committee on Rules and Administration, and House and Senate Committees on Appropriations.
h. The committees include the House Committee on Administration, Senate Committee on Rules and Administration, and the House and Senate Committees on Appropriation. See 2 U.S.C. §1909(b)(3).
k. The authorizing statute for the GPO IG states: "Any authority to make payments under this title [enacting this chapter and provisions set out as notes under Sections 101 and 3901 of this title] shall be effective only to such extent as provided in appropriations Acts." See P.L. 100-504, Title II, §205, 102 Stat. 2531; 39 U.S.C. §3901 note.
l. In practice, the LOC IG has compiled and submitted standalone annual budget estimates. In recent years, the House and Senate Committees on Appropriation have called for legislative branch agency budget requests to include separate sections for IG budget estimates. U.S. Congress, Conference Committee, conference report to accompany H.R. 5895, 115th Cong., 2nd sess., H.Rept. 115-929 (Washington, DC: GPO, 2018), p. 201; and U.S. Congress, Senate Committee on Appropriations, report to accompany S. 1648, 115th Cong., 1st sess., S.Rept. 115-137 (Washington, DC: GPO, 2017), p. 5.
m. In practice, SIGAR and SIGTARP have compiled and submitted standalone annual budget estimates for their respective offices.
n. In practice, the President's annual budget submission has historically provided separate accounts for both SIGAR and SIGTARP OIGs.
o. These include government corporations defined in 31 U.S.C. §9101. According to a CIGIE report, intelligence community IGs do not issue public top management and performance challenges reports. See CIGIE, Top Management and Performance Challenges Facing Multiple Federal Agencies, April 2018, p. 1, at https://www.oversight.gov/sites/default/files/oig-reports/CIGIE_Top_Challenges_Report_April_2018.pdf.
The original author of this report is former CRS analyst Kathryn Francis. Graphics and tables in this report were designed by Amber Wilhelm, Visual Information Specialist.
1. |
Congress established the Department of State "Inspector General and Comptroller" in 1959 (P.L. 86-108), and the Secretary of Agriculture administratively created an IG in 1962. These two IGs have been described as early prototypes for modern-day IGs. For more information on the history of IGs, see Paul Light, Monitoring Government, Inspectors General and the Search for Accountability (Washington, DC: Brookings Institution, 1993), pp. 23-43. |
2. |
See, for example, U.S. Congress, House Committee on Government Operations, Subcommittee on Intergovernmental Relations and Human Resources, Establishment of Offices of Inspectors General, hearings on H.R. 2819 and H.R. 4184, 95th Cong., 1st sess., May 17, 24; June 1, 7, 13, 21, 29; and July 25, 27 (Washington, DC: GPO, 1977), pp. 478-728. |
3. |
P.L. 94-505, §401(h). |
4. |
See, for example, U.S. Congress, House Committee on Government Operations, Department of Health, Education, and Welfare (Prevention and Detection of Fraud and Program Abuse), Tenth Report, 94th Congress, 2nd sess., January 26, 1976, H.Rept. 94-786 (Washington, DC: GPO, 1976). |
5. |
Ibid., p. 11. |
6. |
Ibid. |
7. |
U.S. Congress, House Committee on Government Operations, report to accompany H.R. 15390, 94th Congress, 2nd sess., H.Rept. 94-1573 (Washington, DC: GPO, 1976). |
8. |
P.L. 95-91, §208. |
9. |
P.L. 95-452; The IG Act, as amended, is listed in 5 U.S.C. §§ 401 et seq. (IG Act), which is accessible at https://uscode.house.gov/view.xhtml?path=/prelim@title5/part1/chapter4&edition=prelim. |
10. |
U.S. Congress, Senate Committee on Governmental Affairs, report to accompany H.R. 8588, 95th Congress, 2nd sess., August 8, 1978, S.Rept. 95-1071 (Washington, DC: GPO, 1978), pp. 6-8. |
11. |
Federal "establishments" consist of Cabinet-level departments and larger agencies in the executive branch. Establishment IGs are appointed by the President by and with the advice and consent of the Senate. |
12. |
Affiliated federal entity refers to an entity within the scope of an IG's jurisdiction. For example, the Department of Homeland Security and its components are considered an "affiliated federal entity" of the department's IG. |
13. |
5 U.S.C. §402. |
14. |
In addition, the Homeland Security Act of 2002 vested certain OIGs with law enforcement authorities, including the power to (1) carry a firearm; (2) make arrests without a warrant; and (3) seek and execute warrants for arrest, search of premises, or seizure of evidence. See P.L. 107-296, §812; listed in 5 U.S.C. §406(f). |
15. |
DFEs consist primarily of smaller entities, such as commissions, boards, and government-sponsored enterprises (e.g., National Science Foundation and Legal Services Corporation). DFE IGs are appointed by the affiliated entity heads. |
16. |
The CMPPA is codified at 5 U.S.C. §552a. |
17. |
See 5 U.S.C. §406(j). |
18. |
The types do not include IGs for certain U.S. Armed Forces—the Army, Air Force, and Navy. (The Department of Homeland Security IG oversees the U.S. Coast Guard.) While these service branch IGs are required by statute, they are distinct from IGs under the IG Act and related provisions and are not generally considered among the "statutory inspectors general," including in this report. Further, the categories do not include nonstatutory IGs. For example, the House of Representatives IG is authorized pursuant to House Rule II, clause 8. See CRS In Focus IF11024, Office of the House of Representatives Inspector General, by Jacob R. Straus. |
19. |
This number does not reflect statutory IGs that have been abolished. |
20. |
SIGTARP (P.L. 110-343, §121) is listed in 12 U.S.C. §5231, SIGAR (P.L. 110-181, §1229) is listed in 5 U.S.C. §415 note, and SIGPR (P.L. 116-136, §4018) is listed in 15 U.S.C. §9053. |
21. |
A recent example of legislation that established such an arrangement is the Postal Service Reform Act of 2022 (P.L. 117-108; H.R. 3076), which abolished the OIG for the Postal Regulatory Commission and reorganized its functions into the existing OIG for the United States Postal Service. See CRS Insight IN11685, Changes to Postal Regulatory Commission Administration in the Postal Service Reform Act of 2022, by Ben Wilhelm. |
22. |
P.L. 112-55, Division B, Title IV, 125 Stat. 628; P.L. 113-6, Division B, Title IV, 128 Stat. 266; GAO, OIG, Semiannual Report, April 1, 2014-September 30, 2014, October 2014, p. 5, https://www.gao.gov/assets/670/667257.pdf. |
23. |
P.L. 113-76, Division L, Title I; 128 Stat. 600. It is unclear whether the IG has overseen MWAA beyond FY2015. |
24. |
OIG audits can be divided into two subcategories: performance and financial. Financial audits are beyond the scope of this report. |
25. |
OIG investigations can be divided into two subcategories: criminal and administrative. IGs also perform other types of reviews outside of these three categories. For example, the U.S. Postal Service IG periodically issues white papers on certain topics, which are accessible at https://www.uspsoig.gov/document-type/white-papers. |
26. |
See GAO, "The Yellow Book," at https://www.gao.gov/yellowbook/overview. |
27. |
CIGIE's Quality Standards for Inspection and Evaluation are outlined in the Blue Book and are accessible at https://www.ignet.gov/sites/default/files/files/QualityStandardsforInspectionandEvaluation-2020.pdf. CIGIE's Quality Standards for Investigations are accessible at https://www.ignet.gov/sites/default/files/files/invprg1211appi.pdf. |
28. |
GAO, Inspectors General, Activities of the Department of State Office of the Inspector General, GAO-07-138, March 2007, p. 19, at https://www.gao.gov/assets/260/258069.pdf. |
29. |
GAO, Government Auditing Standards 2018 Revision, July 2018, GAO-18-568G, pp. 89-91, at https://www.gao.gov/assets/files.gao.gov/assets/gao-18-568g.pdf. |
30. |
CIGIE, Quality Standards for Inspection and Evaluation, January 2012, p. 8. |
31. |
GAO's Yellow Book identifies and defines four categories of performance audit objectives: (1) program effectiveness and results, (2) internal control, (3) compliance, and (4) prospective analysis. The Yellow Book further states that these objectives can be pursued simultaneously within a single audit. See GAO, Government Auditing Standards, 2018 Revision, GAO-18-568G, pp. 10-14, at https://www.gao.gov/assets/files.gao.gov/assets/gao-18-568g.pdf. |
32. |
VA OIG, Veterans Health Administration, Audit of Veteran Wait Time Data, Choice Access, and Consult Management in VISN 6, March 2, 2017, at https://www.va.gov/oig/pubs/vaoig-16-02618-424.pdf. |
33. |
VA OIG, Healthcare Inspection, Scheduling, Staffing, and Quality of Care Concerns at the Alaska VA Healthcare System, Anchorage, Alaska, July 7, 2015, at https://www.va.gov/oig/pubs/VAOIG-14-04077-405.pdf. |
34. |
VA OIG, Administrative Summary of Investigation by the VA Office of the Inspector General in Response to Allegations Regarding Patient Wait Times, VA Medical Center in Salisbury, North Carolina, October 4, 2016, at https://www.va.gov/oig/pubs/admin-reports/wait-times-14-02890-255.pdf. |
35. |
5 U.S.C. §§403(a), 406(a), 406(e), and 407. Authorities and requirements may differ for IGs not explicitly covered by the IG Act. For more information on selected IG authorities and requirements, see Appendix B. |
36. |
Where possible, the subsections provide examples of instances in which IGs have elected to comply with a nonmandatory provision. |
37. |
Although an argument can be made that the incorporation by reference includes subsequent amendments to the referenced statute, it would also appear that traditional canons of statutory interpretation may suggest that the proper construction of the authorizing statutes is that they incorporate only the text of the referenced provisions as they existed at the time the applicable authorizing statute was adopted. See Hassett v. Welch, 303 U.S. 303, 314 (1938), wherein the court stated, "Where one statute adopts the particular provisions of another by a specific and descriptive reference to the statute or provisions adopted, the effect is the same as though the statute or provisions adopted had been incorporated bodily into the adopting statute…. Such adoption takes the statute as it exists at the time of adoption and does not include subsequent additions or modifications of the statute so taken unless it does so by express intent." Legal interpretation of the treatment of provisions incorporated by reference are beyond the scope of this report. |
38. |
This assessment is required by the Federal Information Security Modernization Act. See 44 U.S.C. §3555. |
39. |
National Archives and Records Administration OIG, Audit of NARA's Oversight of Selected Grantees' Use of Grant Funds, February 16, 2011, at https://www.archives.gov/files/oig/pdf/2011/audit-report-11-03.pdf. |
40. |
See, for example, SIGAR, Reconstructing the Afghan National Defense and Security Forces: Lessons Learned from the U.S. Experience in Afghanistan, September 2017, at https://www.sigar.mil/pdf/lessonslearned/SIGAR-17-62-LL.pdf. |
41. |
DOD OIG, Progress of U.S. and Coalition Efforts to Train, Advise, and Assist the Afghan Air Force, January 4, 2018, at https://media.defense.gov/2018/Jan/29/2001870851/-1/-1/1/DODIG-2018-058-REDACTED.PDF. |
42. | |
43. |
CARES Act §4018(c)(1); 15 U.S.C. §9053(c)(1). |
44. |
See "Authority of the Special Inspector General for Pandemic Recovery to Oversee Programs Established Under the CARES Act," Memorandum Opinion for the Acting General Counsel Department of the Treasury, and the Special Inspector General for Pandemic Recovery, April 29, 2021, at https://www.justice.gov/olc/file/1390936/download. |
45. |
See, for example, Special Inspector General for Pandemic Recovery, Quarterly Report to the United States Congress: April to June 2021, July 30, 2021, p. 20, at https://www.sigpr.gov/sites/sigpr/files/2021-07/SIGPR-Quarterly-Report-June-2021-Final.pdf. |
46. |
5 U.S.C. §403(a) and §415(c) (establishment and DFE IGs); 2 U.S.C. §1808(c)(1)(a) (AOC IG); 2 U.S.C. §1909(b)(1) (USCP IG); 2 U.S.C. §185(c)(1)(a) (LOC IG); 41 U.S.C. §3902(a) (GPO IG); 31 U.S.C. §705(b)(1) (GAO IG). The CIA IG must also be selected "on the basis of compliance with security standards of [the CIA] and prior experience in the field of foreign intelligence" (50 U.S.C. §3517(b)(1)). |
47. |
It may be the case that the variation in qualification requirements for the special IGs might lead to the nomination of individuals who were selected by the President in part due to their partisan backgrounds. If Congress is concerned about potential partisanship from a nominee, the Senate could vet that concern during the confirmation process. |
48. |
2 U.S.C. §1808(c)(1)(A) (AOC IG); 2 U.S.C. §1909(b)(1) (USCP IG). For a summary of appointment methods for the five legislative branch IGs, see CRS Insight IN11763, Appointment Methods for Legislative Branch Inspectors General, by Ben Wilhelm. |
49. |
5 U.S.C. §403(b) (establishment IGs); 5 U.S.C. §415 note (SIGAR); 12 U.S.C. §5231(b)(4) (SIGTARP); 50 U.S.C. §3033(c)(4) (IC IG); 50 U.S.C. §3517(b)(6) (CIA IG). |
50. |
5 U.S.C. §415(e) (DFE IGs); 2 U.S.C. §1808(c)(2) (AOC IG); 2 U.S.C. §1909(b)(3) (USCP IG); 31 U.S.C. §705(b)(2) (GAO IG); 44 U.S.C. §3902(b) (GPO IG); 2 U.S.C. §185(c)(2) (LOC IG). |
51. |
5 U.S.C. §415(e)(1). |
52. |
39 U.S.C. §202(e). |
53. |
2 U.S.C. §1909(b)(3). |
54. |
The 68 IGs include establishment, DFE, and special IGs. |
55. |
See 5 U.S.C. §403(b)(1)(B). |
56. |
2 U.S.C. §1808(c)(2) (AOC IG); 31 U.S.C. §705(b)(2) (GAO IG); 44 U.S.C. §3902(b) (GPO IG); 2 U.S.C. §185(c)(2) (LOC IG); 2 U.S.C. §1909(b)(3) (USCP IG). |
57. |
39 U.S.C. §202(e)(2)(a). |
58. |
2 U.S.C. §1909(b)(2). |
59. |
5 U.S.C. §§406(g) and 415(g)(1) (establishment and DFE IGs); 50 U.S.C. §3033(n) (IC IG); and 50 U.S.C. §3517(f)(2) (CIA IG). |
60. |
Congress has appropriated funds directly to CIGIE's Inspector General Council Fund for specific purposes. For instance, Congress has provided funding in recent years to support the Oversight.gov website. See, for example, Division D, Section 633 of the Consolidated Appropriations Act of 2019 (P.L. 116-6) appropriating $2 million to the Inspector General Council Fund. |
61. |
5 U.S.C. §§406(g) and 415(g)(1) (establishment and DFE IGs); 50 U.S.C. §3033(n) (IC IG); and 50 U.S.C. §3517(f)(2) (CIA IG). |
62. |
U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Undermining Independent Oversight, minority staff report, no date [released August 15, 2018], p. 2, at https://www.hsgac.senate.gov/imo/media/doc/REPORT-Undermining%20Independent%20Oversight-The%20President's%20Fiscal%20Year%202019%20Budget%20Does%20Not%20Adequately%20Support%20Federal%20Inspectors%20General.pdf. |
63. |
Authorizing statutes for the USCP, LOC, and GAO IGs do not incorporate the provision in Section 6 that contains these budgetary requirements, nor do they include language establishing similar requirements. See 2 U.S.C. §1909(d)(1) (USCP IG); 2 U.S.C. §185(d)(1) (LOC IG); and 31 U.S.C. §705 (GAO IG). |
64. |
Authorizing statutes for special IGs and the AOC and GPO IGs incorporate portions of Section 6 of the IG Act. However, it is unclear whether this incorporation extends the requirements to those IGs. See 2 U.S.C. §1808(d)(1) (AOC IG) and 44 U.S.C. §3903(a) (GPO IG); 12 U.S.C. §5231(d)(1) (SIGTARP); and 5 U.S.C. §415 note (SIGAR). |
65. |
See, for example, the SIGTARP FY2022 budget justification at https://home.treasury.gov/system/files/266/09.-SIGTARP-FY-2022-CJ.pdf and the LOC FY2021 budget justification at https://www.loc.gov/static/portals/about/reports-and-budgets/documents/budgets/fy2022.pdf#page=109. |
66. |
31 U.S.C. §1105(a)(25); 50 U.S.C. §3517(f)(1) (CIA IG); 50 U.S.C. §3033(m) (IC IG). |
67. |
For more information on reprogramming and transfers, see CRS Report R43098, Transfer and Reprogramming of Appropriations: An Overview of Authorities, Limitations, and Procedures, by Michelle D. Christensen; and CRS Report R47019, The Executive Budget Process: An Overview, by Dominick A. Fiorentino and Taylor N. Riccard. |
68. |
For example, appropriations committees may choose to allocate funding to an IG in ways that would require advance notification of any attempt by an affiliated entity head to reprogram funds away from the IG to another purpose. |
69. |
For example, the President's FY2022 budget submission included a separate account for SIGTARP. See U.S. Office of Management and Budget, Budget of the United States Government, Fiscal Year 2022, Appendix, pp. 1025-26, at https://www.whitehouse.gov/wp-content/uploads/2021/05/tre_fy22.pdf. |
70. |
Federal laws sometimes assign one-time or periodic reporting requirements on a specific policy area or subject. These requirements are beyond the scope of this report. |
71. |
5 U.S.C. §405(a)(10). |
72. |
Ibid., at §405(b). |
73. |
Authorizing statutes for other permanent IGs in the legislative branch (except the GAO IG) incorporate portions of Section 5 of the IG Act, which require IGs to issue semiannual reports. However, it is unclear whether this incorporation extends all elements of the semiannual report required by the IG Act to these IGs. See 2 U.S.C. §1808(d)(1) (AOC IG); 2 U.S.C. §1909(c)(2) (USCP IG); 2 U.S.C. §185(d)(1) (LOC IG); and 44 U.S.C. §3903(a) (GPO IG). Authorizing statutes for the GAO IG and other permanent IGs in the executive branch do not incorporate Section 5 but establish separate semiannual reporting requirements. See 31 U.S.C. §705(e) (GAO IG); 50 U.S.C. §3033(k)(1) (IC IG); 50 U.S.C. §3517(d)(1) (CIA IG). |
74. |
50 U.S.C. §3033(k)(1)(b)(v). A similar requirement applies to the CIA IG. See 50 U.S.C. §3517(d)(1)(D). |
75. |
12 U.S.C. §5231(i)(1) (SIGTARP); 5 U.S.C. §415 note (SIGAR); and 15 U.S.C. §9053(f)(1) (SIGPR). |
76. |
5 U.S.C. §§405(d) and 415(g)(1) (establishment and DFE IGs); 50 U.S.C. §3033(k)(2) (IG IC); and 50 U.S.C. §3517(d)(2) (CIA IG). Authorizing statutes for the AOC, LOC, and GPO IGs clearly incorporate portions of Section 5 of the IG Act pertaining to the seven-day letter. See 2 U.S.C. §1808(d)(1) (AOC IG); 2 U.S.C. 185(d)(1) (LOC IG); and 44 U.S.C. §3903(a) (GPO IG). |
77. |
Authorizing statutes for the USCP and GAO IGs do not incorporate portions of Section 5 of the IG Act requiring the seven-day letter, nor do they establish similar requirements. See 2 U.S.C. §1909 (USCP IG); 31 U.S.C. §705 (GAO IG). |
78. |
Authorizing statutes for SIGAR, SIGTARP, and SIGPR do not explicitly incorporate Section 5 of the IG Act, nor do they establish similar requirements. However, their authorizing statutes state that the IGs "shall also have the responsibilities and duties of inspectors general under the Inspector General Act of 1978," which may include the seven-day letter. See 12 U.S.C. §5231(c)(3) (SIGTARP) and 5 U.S.C. §415 (SIGAR). |
79. |
31 U.S.C. §3516(d). In this context, executive branch agency is defined as a "department, agency, or instrumentality in the executive branch of the United States Government," but it excludes government corporations defined in 31 U.S.C. §9101. See 31 U.S.C. §102 and 31 U.S.C. §3501. |
80. |
Ibid. 31 U.S.C. §9101 lists "Government corporations" that are exempt from issuing TMPCs. |
81. |
For example, SIGTARP has identified TMPCs since at least Q4 of FY2017. The reports are accessible at https://www.sigtarp.gov/Pages/Reports-Testimony-Home.aspx. |
82. |
CIGIE, Top Management and Performance Challenges Facing Multiple Federal Agencies, February 2021, at https://www.ignet.gov/sites/default/files/untracked/TMPC_report_02022021.pdf. |
83. |
5 U.S.C. §405(c). |
84. |
5 U.S.C. §420(b). |
85. |
5 U.S.C. §404(e)(1)(C). |
86. |
Authorizing statutes for the AOC, GPO, LOC, and UCSP IGs clearly incorporate portions of Section 5 pertaining to public availability of semiannual reports. See 2 U.S.C. §1808(d)(1) (AOC IG); 44 U.S.C. §3903(a) (GPO IG); 2 U.S.C. §185(d)(1) (LOC IG); and 2 U.S.C. §1909(c) (USCP IG). |
87. |
Authorizing statutes for the GAO, CIA, and IC IGs do not incorporate Section 5 of the IG Act, nor do they establish similar requirements. See 31 U.S.C. §705 (GAO IG); 50 U.S.C. §3033 (IC IG); and 50 U.S.C. §3517 (CIA IG). |
88. |
The authorizing statutes for the AOC, CIA, IC, GAO, GPO, LOC, and USCP IGs do not incorporate Section 8M of the IG Act, nor do they establish similar requirements. See 2 U.S.C. §1808 (AOC IG); 50 U.S.C. §3517 (CIA IG); 50 U.S.C. §3033 (IC IG); 44 U.S.C. §3903 (GPO IG); 2 U.S.C. §185 (LOC IG); and 2 U.S.C. §1909 (USCP IG). |
89. |
Authorizing statutes for the GAO, CIA, and IC IGs do not incorporate Section 4 of the IG Act, nor do they establish similar requirements. See 31 U.S.C. §705 (GAO IG); 50 U.S.C. §3033 (IC IG); and 50 U.S.C. §3517 (CIA IG). |
90. |
The authorizing statutes for the AOC, GPO, LOC, and USCP IGs incorporate portions of Section 4 of the IG Act. However, whether such incorporation extends requirements for documents with recommendations to be posted on OIG websites to these IGs is unclear. See 2 U.S.C. §1808(d)(1) (AOC IG); 44 U.S.C. §3903(a) (GPO IG); 2 U.S.C. §185(d)(1) (LOC IG); and 2 U.S.C. §1909(c) (USCP IG). |
91. |
GAO OIG, "Overview," at https://www.gao.gov/ig/. |
92. |
USCP OIG, "Office of the Inspector General," at https://www.uscp.gov/the-department/office-inspector-general. |
93. |
12 U.S.C. §5231(i)(5). |
94. |
5 U.S.C. §415 note. |
95. |
15 U.S.C. §9053(f). |
96. |
The authorizing statutes for SIGAR, SIGTARP, and SIGPR do not incorporate Sections 4(b)(2), 5, or 8M of the IG Act, nor do they establish similar requirements. However, their authorizing statutes state that the IGs "shall also have the responsibilities and duties of inspectors general under the Inspector General Act of 1978," which might include the aforementioned transparency requirements. See 5 U.S.C. §415 note (SIGAR); 12 U.S.C. §5231(c)(3) (SIGTARP); and 15 U.S.C. §9053(c)(3) (SIGPR). |
97. |
CIGIE, "CIGIE Launches Oversight.gov: IGs Found More Than $25 Billion in Potential Cost Savings in FY2017, New Website Shows," October 2, 2017, https://www.ignet.gov/sites/default/files/files/CIGIE%20Announces%20Official%20Launch%20of%20Oversight_gov_10_02_17_Final.pdf. For more information on the website, see https://oversight.gov/about. Many OIG websites have more complete libraries of older reports than Oversight.gov does. |
98. |
P.L. 116-260 §501 (Consolidated Appropriations Act, 2021), codified at 5 U.S.C. §424(e). Congress has also provided appropriations specifically to support Oversight.gov, including $850,000 in the FY2023 Consolidated Appropriations Act (P.L. 117-328). |
99. |
See Executive Order 12805, "Integrity and Efficiency in Federal Programs," 57 Federal Register 20627, May 11, 1992; and Executive Order 12301, "Integrity and Efficiency in Federal Programs," 46 Federal Register 19211, March 26, 1981. |
100. |
5 U.S.C. §§424(b)(1) and 424(b)(2). |
101. |
Ibid., at §424(a). |
102. |
Ibid., at §424(c). |
103. |
5 U.S.C. §424(c)(1)(E). |
104. |
Ibid. See also CIGIE, "CIGIE Training Institute," https://www.ignet.gov/content/cigie-training-institute. |
105. |
See, for example, CIGIE, "Manuals and Guides," https://ignet.gov/content/manuals-guides. |
106. |
See, for example, CIGIE, "IG Peer Reviews," https://www.ignet.gov/content/ig-peer-reviews. |
107. |
5 U.S.C. §424(d). The committee is composed of six members—four IGs on CIGIE, the FBI representative on the council, and the Director of the Office of Government Ethics. The committee chairperson is elected to a two-year term by the members of the committee. |
108. |
5 U.S.C. §424(c)(1)(F). |
109. |
For more information on the panel, see, for example, GAO, Inspectors General, Information on Vacancies and IG Community Views on Their Impact, GAO-18-270, March 2018, p. 7, https://www.gao.gov/assets/700/690561.pdf. |
110. |
CIGIE, "Top Management and Performance Challenges Facing Multiple Federal Agencies," at https://www.ignet.gov/content/top-challenges. |
111. |
5 U.S.C. §424(c)(3)(A)(ii); CIGIE, "Charter," https://www.ignet.gov/content/charter; CIGIE, FY2018 Agency Financial Report, November 14, 2018, pp. 32-33, at https://ignet.gov/sites/default/files/files/CIGIE_2018_Agency_Financial_Report.pdf; and email communication with CIGIE on December 13, 2018. |
112. |
A past example of a statutory coordinating body is the Recovery Accountability and Transparency Board, which consisted of federal IGs and was tasked with overseeing funds covered under the American Recovery and Reinvestment Act of 2009. For more information, see CRS Report R40572, General Oversight Provisions in the American Recovery and Reinvestment Act of 2009 (ARRA): Requirements and Related Issues, by Clinton T. Brass. |
113. |
P.L. 112-239, §848; listed in 5 U.S.C. §419. |
114. |
P.L. 111-203, §989E; listed in 5 U.S.C. §424 note. |
115. |
CIGFO, Top Management and Performance Challenges Facing Financial Regulatory Organizations, September 2018, at https://oig.treasury.gov/sites/oig/files/Audit_Reports_and_Testimonies/CIGFO%20TMPC%20Final%20Report%202019.pub.pdf. |
116. |
P.L. 116-136 §15010; listen in 5 U.S.C. §424 note. |
117. |
Ibid. |
118. |
For an example of such a proposal, see Amy C. Gaudion, "Recognizing the Role of Inspectors General in the U.S. Cybersecurity Restructuring Task," Belmont Law Review, vol. 9, no. 1 (2021), pp. 180-230 (suggesting that OIGs might be well-positioned to support federal cybersecurity strategies). |
119. |
Congress and other stakeholders have held events to commemorate the 20th, 25th, and 40th anniversaries of the IG Act that have included discussions of many of the issues described in this section. See, for example, U.S. Congress, Senate Committee on Governmental Affairs, The Inspector General Act: 20 Years Later, 105th Cong., 2nd sess., September 9, 1998, S.Hrg. 105-737 (Washington, DC: GPO, 1998); U.S. Congress, House Committee on Government Reform, Subcommittee on Government Efficiency and Financial Management, 25th Anniversary of the Inspector General Act—Where Do We Go From Here? 108th Cong., 1st sess., October 8, 2003, Serial No. 108-110 (Washington, DC: GPO, 2004); and CIGIE, "Building on 40 Years of Excellence in Independent Oversight," 2018, at https://www.ignet.gov/2018-commemoration. |
120. |
See, for example, 5 U.S.C. §§406(a)(7), 403(b), and 403(g). |
121. |
GAO, Inspectors General: Allegations About the Independence of the Former VA Inspector General, GAO/AMFD-89-46, March 1989, p. 3, at http://www.gao.gov/assets/220/211076.pdf. |
122. |
CIGIE, Quality Standards for Federal Offices of Inspectors General, August 2012, pp. 10 and 12-13, https://www.ignet.gov/sites/default/files/files/Silver%20Book%20Revision%20-%208-20-12r.pdf. |
123. |
5 U.S.C. §403(a); 5 U.S.C. §404(a)(5). |
124. |
Congress acknowledged the potential for such tension but stated that the "potential advantages far outweigh the potential risks." U.S. Congress, Senate Committee on Governmental Affairs, report to accompany H.R. 8588, 95th Congress, 2nd sess., August 8, 1978, S.Rept. 95-1071 (Washington, DC: GPO, 1978), p. 9. See also Partnership for Public Service, Walking the Line, Inspectors General Balancing Independence and Impact, September 2016, https://ourpublicservice.org/wp-content/uploads/2016/09/0bd2a00052bc1e7c216c5ee89fc4b457-1491000841.pdf. The Partnership for Public Service describes itself as a "nonprofit, nonpartisan organization that strives for a more effective government for the American people." For more information on the Partnership for Public Service, see https://ourpublicservice.org/about/. |
125. |
See CRS In Focus IF11546, Removal of Inspectors General: Rules, Practice, and Considerations for Congress, by Ben Wilhelm; and CRS Legal Sidebar LSB10476, Presidential Removal of IGs Under the Inspector General Act, by Todd Garvey. For additional discussion of potential options for Congress to alter IG removal methods, see CRS Report R46762, Congress's Authority to Limit the Removal of Inspectors General, by Todd Garvey; and CRS In Focus IF11698, Legislative Proposals Related to the Removal of Inspectors General in the 116th Congress, by Ben Wilhelm. |
126. |
Title LII, Subtitle A. |
127. |
GAO, Inspectors General: Independent Oversight of Financial Regulatory Agencies, GAO-09-524T, March 25, 2009, pp. 3-4, at http://www.gao.gov/new.items/d09524t.pdf. |
128. |
See, for example, U.S. Congress, House Committee on Oversight and Government Reform, Subcommittee on Government Management, Organization, and Procurement, The Roles and Responsibilities of Inspectors General Within Financial Regulatory Agencies, 111th Cong., 1st sess., March 25, 2009, Serial No. 111-49 (Washington, DC: GPO, 2010), pp. 34, 46, 49, 53, and 70; and U.S. Congress, House Committee on Government Reform, The Politicization of Inspectors General, minority staff report, October 21, 2004, https://web.archive.org/web/20050724160427/http://reform.democrats.house.gov/story.asp?id=726. |
129. |
See, for example, U.S. Congress, House Committee on Oversight and Government Reform, "Update and Supplement to the Initial Report: The Firing of the Inspector General for the Corporation for National and Community Service," majority staff press release, March 2, 2010, at https://oversight.house.gov/report/update-and-supplement-to-the-initial-report-the-firing-of-the-inspector-general-for-the-corporation-for-national-and-community-service/. |
130. |
See, for example, GAO, Highlights of the Comptroller General's Panel on Federal Oversight and The Inspectors General, GAO-06-931SP, September 2006, pp. 2 and 5, at https://www.gao.gov/assets/210/202958.pdf. |
131. |
See, for example, U.S. Congress, House Committee on Oversight and Government Reform, Subcommittee on Government Management, Organization, and Procurement, Inspectors General: Independence and Integrity, 110th Cong., 1st sess., June 20, 2007, Serial No. 110-48 (Washington, DC: GPO, 2008), pp. 13, 34, and 105; and U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Strengthening the Unique Role of the Nation's Inspectors General, 110th Cong., 1st sess., July 11, 2007, S.Hrg. 110-587 (Washington, DC: GPO, 2008), pp. 134-139. |
132. |
See, for example, U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Watchdogs Needed: Top Government Investigator Positions Left Unfilled for Years, 114th Cong., 1st sess., June 3, 2015, S.Hrg. 114-486 (Washington, DC: GPO, 2015), pp. 2, 5, 8-10, 14, 16, 18-19, 23, 25, and 32. |
133. |
Ibid., pp. 9, 16, and 45-47; GAO, Inspectors General, Information on Vacancies and IG Community Views on Their Impact, GAO-18-270, March 2018, pp. 27-41, at https://www.gao.gov/assets/700/690561.pdf. |
134. |
CIGIE, letter to Senator Mitch McConnell and the Honorable Harry Reid, November 7, 2016, p. 2, https://www.ignet.gov/sites/default/files/files/CIGIE_Senate_Letter_IG_Vacancies_07Nov16%20(1).pdf. |
135. |
GAO, Inspectors General, Information on Vacancies and IG Community Views on Their Impact, GAO-18-270, March 2018, pp. 28-41, at https://www.gao.gov/assets/700/690561.pdf. |
136. |
The IG Act prohibits IGs from undertaking "program operating responsibilities," which includes enforcement of recommendations. See 5 U.S.C. §§415(b) and 422(a)(2). |
137. |
OMB, Audit Followup, Circular A-50, September 29, 1982, at https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-050.pdf. |
138. |
See, for example, Department of the Treasury responsibilities outlined in 12 U.S.C. §5231(f). |
139. |
U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Subcommittee on Regulatory Affairs and Federal Management, Implementing Solutions: The Importance of Following Through on GAO and OIG Recommendations, 114th Cong., 1st sess., December 10, 2015, S.Hrg. 114-265 (Washington, DC: GPO, 2016). |
140. |
See, for example, Project on Government Oversight (POGO), The Watchdogs After Forty Years: Recommendation for our Nation's Federal Inspectors General, July 9, 2018, p. 21. POGO describes itself as a "nonpartisan, independent watchdog that investigates and exposes waste, corruption, and abuse of power, and when the government fails to serve the public or silences those who report wrongdoing." POGO's mission further notes that the organization champions "reforms to achieve a more efficient, ethical, and accountable federal government that safeguards constitutional principles." For more information on POGO, see https://www.pogo.org/; Bipartisan Policy Center, Oversight Matters: What's Next for Inspectors General, July 2018, pp. 9, 10, 15 and 16. The Bipartisan Policy Center describes itself as a "non-profit organization that combines the best ideas from both parties to promote health, security, and opportunity for all Americans. BPC drives principled and politically viable policy solutions through the power of rigorous analysis, painstaking negotiation, and aggressive advocacy." For more information on the Bipartisan Policy Center, see https://bipartisanpolicy.org. |
141. |
Oversight.gov allows some tracking of open recommendations (https://www.oversight.gov/recommendations). Legislation has been introduced in recent Congresses that would direct CIGIE to establish a searchable database of all open IG recommendations. See the Inspector General Recommendation Transparency Act of 2018 (S. 2178; 115th Congress), and Inspector General Recommendation Transparency Act of 2016 (S. 3109; 114th Congress). |
142. |
GAO, Inspectors General, Reporting on Independence, Effectiveness, and Expertise, GAO-11-770, September 2011, pp. 16-18. |
143. |
See, for example, the OPM qualification standards requirements for the 0511 (Auditor), 1810 (Investigator), and 1811 (Criminal Investigator) positions, accessible at https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/#url=List-by-Occupational-Series. |
144. |
See, for example, the Partnership for Public Service, The Forward Looking Inspector General, November 14, 2017, p. 9, at https://www.grantthornton.com/-/media/content-page-files/public-sector/pdfs/articles/2017/the-forward-looking-IG.ashx; Bipartisan Policy Center, Oversight Matters, p. 26. |
145. |
CIGIE, Top Management and Performance Challenges Facing Multiple Federal Agencies, April 18, 2018, pp. 3-5. |
146. |
See, for example, Bipartisan Policy Center, Oversight Matters, p. 17. |
147. |
Partnership for Public Service, The Forward-Looking Inspector General, November 4, 2017, p. 2. |
148. |
U.S. Department of Labor, OIG, Job Corps Could Not Demonstrate Beneficial Job Training Outcomes, March 30, 2018, https://www.oig.dol.gov/public/reports/oa/2018/04-18-001-03-370.pdf. |
149. |
POGO, Inspectors General: Accountability is a Balancing Act, March 20, 2009, pp. 13-17, 47, and 97-98, archived at http://www.pogoarchives.org/m/go/ig/accountability/ig-accountability-20090320.pdf; and POGO, Rating the Watchdogs: Are Our Inspectors General Effective? August 10, 2018, https://www.pogo.org/analysis/2018/08/rating-watchdogs-are-our-inspectors-general-effective/. |
150. |
POGO, Inspectors General: Accountability is a Balancing Act, March 20, 2009, pp. 43-45, archived at http://www.pogoarchives.org/m/go/ig/accountability/ig-accountability-20090320.pdf. |
151. |
Congress has recently considered legislation that would increase CIGIE's reporting requirements and make other adjustments to the duties and organization of CIGIE. See IG Independence and Empowerment Act (H.R. 2662; 117th Congress). |
152. |
See, for example, Kathy A. Buller, Chair of the CIGIE Legislation Committee, letter to Lesley A. Field, Acting Executive Chairperson, CIGIE, January 28, 2021, https://ignet.gov/sites/default/files/untracked/CIGIE_Legislative_Priorities_117th_Congress.pdf. |
153. |
Although an argument can be made that the incorporation by reference includes subsequent amendments to the referenced statute, it would also appear that traditional canons of statutory interpretation may suggest that the proper construction of the authorizing statutes is that they incorporate only the text of the referenced provisions as they existed at the time the applicable authorizing statute was adopted. See Hassett v. Welch, 303 U.S. 303, 314 (1938), wherein the court stated, "Where one statute adopts the particular provisions of another by a specific and descriptive reference to the statute or provisions adopted, the effect is the same as though the statute or provisions adopted had been incorporated bodily into the adopting statute…. Such adoption takes the statute as it exists at the time of adoption and does not include subsequent additions or modifications of the statute so taken unless it does so by express intent." Legal interpretation of the treatment of provisions incorporated by reference are beyond the scope of this report. |