Office of Inspector General (United States)

Federal offices of inspectors general

Council of Inspectors General on Integrity and Efficiency (CIGIE) logo.

There are 73 federal offices of inspectors general,^[3] a significant increase since the statutory creation of the initial 12 offices by the Inspector General Act of 1978.^[4] The offices employ special agents (criminal investigators, often armed) and auditors. In addition, federal offices of inspectors general employ forensic auditors, or "audigators," evaluators, inspectors, administrative investigators, and a variety of other specialists. Their activities include the detection and prevention of fraud, waste, abuse, and mismanagement of the government programs and operations within their parent organizations. Office investigations may be internal, targeting government employees, or external, targeting grant recipients, contractors, or recipients of the various loans and subsidies offered through the thousands of federal domestic and foreign assistance programs.^[5] The Inspector General Reform Act of 2008^[6] (IGRA) amended the 1978 act^[4] by increasing pay and various powers and creating the Council of the Inspectors General on Integrity and Efficiency (CIGIE).^[7]

Example of an OIG report, from the DoD OIG^[8]

Some inspectors general, the heads of the offices, are appointed by the president and confirmed by the senate.^[9] For example, both the inspector general of the U.S. Department of Labor and the inspector general of the U.S. Agency for International Development are presidentially appointed. The remaining inspectors general are designated by their respective agency heads,^[10] such as the U.S. Postal Service inspector general.^[11] Presidentially appointed IGs can only be removed, or terminated, from their positions by the President of the United States, whereas designated inspectors general can be terminated by the agency head.^[12] However, in both cases Congress must be notified of the termination, removal, or reassignment.

While the IG Act of 1978 requires that inspectors general be selected based upon their qualifications and not political affiliation, presidentially appointed inspectors general are considered political appointees and are often selected, if only in part and in addition to their qualifications, because of their political relationships and party affiliation. An example of the role political affiliation plays in the selection of an inspector general, and the resulting pitfalls, can be seen in the 2001 Republican appointment (and resignation under fire) of Janet Rehnquist^[13] (daughter of former Chief Justice of the United States, William Rehnquist) to the post of inspector general for the U.S. Department of Health and Human Services.^[14]

While all of the federal offices of inspector generals operate separately from one another, they share information and some coordination through the Council of Inspectors General on Integrity and Efficiency (CIGIE).^[15] As of 2010, the CIGIE^[16] comprised 68 offices. In addition to their inspector general members, CIGIE includes non-inspector general representatives from the federal executive branch, such as executives from the Office of Management and Budget, the Office of Personnel Management, the Office of Government Ethics, the Office of Special Counsel, and the Federal Bureau of Investigation. CIGIE also provides specialized training to the inspector general community.

Further evidence of coordination between federal offices of inspector generals can be seen by the public through the offices' shared website,^[17] and the use of shared training facilities and resources, such as the Inspector General Criminal Investigator Academy (IGCIA),^[18] and their Inspector General Community Auditor Training Team (IGCATS),^[19] which are hosted by the Federal Law Enforcement Training Center (FLETC).

Evidence of the offices' return on investment to taxpayers can be seen through their semi-annual reports to Congress, most of which are available on each office's website.^[3]

Since the post-9/11 enactment of the Homeland Security Act of 2002,^[20] resulting in the amendment of the IG Act of 1978, Section 6e, most presidentially appointed IG special agents have had full law enforcement authority to carry firearms, make arrests, and execute search warrants. Prior to this time, most presidentially appointed IG and some designated IG special agents had the equivalent law enforcement authorities as a result of other statutes or annually required deputation by the U.S. Marshals Service. The 2002 amendment to the IG Act of 1978 made most deputation of presidentially appointed IG special agents unnecessary. Some designated IG special agents, however, still have full law enforcement authority today by virtue of this continued deputation. Some OIGs employ no criminal investigators and rely solely on administrative investigators, auditors, and inspectors.

Stark Law and Anti-Kickback Statute Enforcement

The OIG develops and distributes resources to assist the health care industry in its efforts to comply with the Nation's fraud and abuse laws and to educate the public about fraudulent schemes so they can protect themselves and report suspicious activities.^[2]

In recent years, the OIG has made an effort to target hospitals and healthcare systems for Stark Law and Anti-Kickback Statute violations pertaining to the management of physician compensation arrangements.^[86] In 2015, a fraud alert was issued to publicize the OIG's intent to further regulate such non-compliance.^[87] In light of such efforts and consequent record-breaking settlements, healthcare experts have begun to call for the transition from paper based physician time logging and contract management to automated solutions.^[88]