Offices of Inspector General and Government Shutdowns

Offices of Inspector General and Government Shutdowns

INSIGHTi

Offices of Inspector General and Government
Shutdowns
September 29, 2023
Like other entities across the federal government, many Offices of Inspector General (OIGs) receive at
least a portion of their operating funds via the annual appropriations process and, therefore, may be
subject to shutdowns caused by lapses in those appropriations. This Insight provides a broad overview,
with examples, of how OIGs might be affected by shutdowns and a recent congressional proposal that
would ensure consistent OIG oversight of those activities that continue during a shutdown.
The amount of information readily available about OIG shutdown plans varies greatly. Some OIGs
publish contingency plans based on the guidance laid out in Office of Management and Budget (OMB)
Circular No. A-11, while information on the status of other OIGs may be included in the contingency
plans for their agencies. For instance, the contingency plan of the Department of Health and Human
Services (HHS) includes its OIG, while the Railroad Retirement Board OIG has its own plan. For many
OIGs, however, detailed information may be entirely unavailable or not posted on the OMB webpage for
agency contingency plans.
As with their parent agencies, each OIG may be affected differently by a lapse in appropriations
depending on the circumstances of the lapse, the sources of the OIG’s funding, the duties performed by
the agency and OIG, and individual decisions by OIG leadership within the parameters of the
Antideficiency Act and executive branch guidance. In many offices, though, it is reasonable to expect that
at least some oversight functions would be suspended in most offices during a funding gap.
Based on a review of current contingency plans for OIGs during a lapse in appropriations, it appears that
many would furlough a substantial portion of their staff but maintain at least some capacity to conduct
investigations and audits. For instance, while HHS’s contingency plan does not provide quantitative
information on how many OIG staff would be impacted by a shutdown, it does observe that oversight
activities would continue and that many OIG staff would be exempt from furlough because of funding
from the Health Care Fraud and Abuse Control Program, which is a mandatory expenditure program.
Other OIGs have planned for a more substantial shutdown of operations. The plan for the OIG for the
Department of Housing and Urban Development calls for only 12 out of over 550 OIG employees to be
excepted initially but also anticipates that circumstances may require the recall of a large number of OIG
staff to address issues related to “safety of human life and protection of property.”
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While many OIGs would be directly impacted by a government-wide lapse of appropriations, some would
not. For instance, the Amtrak OIG reports in its shutdown contingency plan that all oversight activities
would continue during a lapse in annual appropriations because Amtrak is funded by passenger revenue
and federal grants rather than directly via such appropriations.
CRS has a number of published resources that address government shutdowns through a wider lens and
include discussion that is generally applicable to federal offices, including OIGs:
• CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and
Effects, coordinated by Clinton T. Brass;
• CRS Report R47693, Government Shutdowns and Executive Branch Operations:
Frequently Asked Questions (FAQ), coordinated by Taylor N. Riccard;
• CRS Report R41759, Past Government Shutdowns: Key Resources, by Justin Murray and
Carol Wilson; and
• CRS Report R41723, Funding Gaps and Government Shutdowns: CRS Experts,
coordinated by Dominick A. Fiorentino and Clinton T. Brass
Proposals to Exempt OIGs from Future Shutdowns
In the 118th Congress and other recent Congresses, legislation referred to as the Keep the Watchdogs
Running Act has been introduced in that would allow OIGs to continue to operate during a lapse in
appropriations. Under the legislation, OIGs would be able to obligate funds at the same level allowed in
their most recent enacted appropriation, and OIGs would be able to perform their duties “with respect to
programs and operations … that continue during” a shutdown.
The Council of the Inspectors General for Integrity and Efficiency has also supported legislation that
would have this effect and has described the effect as allowing OIGs “to continue operations during a
lapse in appropriations as if they were operating under a continuing resolution” with regard to agency
programs that continue during a shutdown.

Author Information

Ben Wilhelm

Analyst in Government Organization and Management

Disclaimer
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