Albany Times Union

Oversight faces challenges

Relief network strained as it seeks to root out fraud

- By Alan Rappeport and Glenn Thrush

Lawmakers have unleashed more than $5 trillion in relief aid over the past year to help businesses and individual­s through the pandemic downturn. But the scale of that effort is placing serious strain on a patchwork oversight network created to ferret out waste and fraud.

The Biden administra­tion has taken steps to improve accountabi­lity and oversight safeguards spurned by the Trump administra­tion, including more detailed and frequent reporting requiremen­ts for those receiving funds. But policing the money has been complicate­d by long-running turf battles; the lack of a centralize­d, fully functional system to track how funds are being spent; and the speed with which the government has tried to disburse aid.

The scope of oversight is vast, with the Biden administra­tion policing the tail end of the relief money disbursed by the Trump administra­tion last year in addition to the $1.9 trillion rescue package that Democrats approved in March. Much of that money is beginning to flow out the door, including $21.6 billion in rental assistance funds, $350 billion to state and local government­s, $29 billion for restaurant­s and a $16 billion grant fund for live-event businesses like theaters and music clubs.

The funds are supposed to be tracked by a hodgepodge of overseers, including congressio­nal panels, inspectors general and the White House budget office. But the system has been plagued by disagreeme­nts and, until recently, disarray.

President Joe Biden has tapped a longtime economic adviser, Gene Sperling, as his pandemic relief czar. Sperling who twice headed the National Economic Council, has been racing to stand up the oversight architectu­re and is relying heavily on the investigat­ive powers of the Pandemic Response Accountabi­lity Committee, a panel of inspectors general, in addition to the Government Accountabi­lity Office and the administra­tion’s Office of Management and Budget.

“When you have a rescue plan, there is going to be a certain amount of tension between aspiring for perfection and meeting the law’s fundamenta­l aims to move funds out in time to cut child poverty, keep people in their homes, save small businesses, restaurant­s and child care centers,” Sperling said in an interview. “You just have to do everything in your power to strike a rigorous and right balance.”

But the scattering of oversight functions has led to conflict and complicate­d surveillan­ce.

In late April, Brian D. Miller, whom President Donald Trump appointed to serve as the Treasury Department’s special inspector general for pandemic recovery, released a scathing report accusing other Treasury officials of blocking him from conducting more extensive investigat­ions.

Miller was selected to oversee relief programs managed by the Treasury Department, but the agency’s officials believed his role was to track only a $500 billion pot of money for the Federal Reserve’s emergency lending programs and funds for airlines and companies that are critical to national security. Miller said that Treasury officials were initially cooperativ­e during the Trump administra­tion, but that after the transition to the new administra­tion started, his access to informatio­n dried up.

After Miller’s requests for program data were denied, he appealed to the Justice Department’s Office of Legal Counsel, which ruled against him last month. His team of 42 people has been left with little to do.

“Rather than trying to squeeze people out, I think we should welcome everybody if they want to roll up their sleeves and perform oversight,” Miller

said.

White House officials dismissed his concerns and insisted that they remained committed to robust oversight and transparen­cy. The Treasury Department maintained that Miller was trying to operate outside his jurisdicti­on and said it would “continue to make sure all of our inspectors general, congressio­nal committees of jurisdicti­on and other oversight bodies have the informatio­n they need.”

“President Biden has made crystal clear to his team that oversight is a key priority,” said Ron Klain, the White House chief of staff. “That means coordinati­on and integratio­n across the whole of government to ensure that taxpayer funds are being spent as intended and in service of the needs of the American people.”

Major instances of fraud and waste represent a relatively small percentage of the 2020 initiative­s and have been largely confined to small business lending efforts, like the Paycheck Protection Program and Economic Injury Disaster Loans. But federal oversight experts and watchdog groups say the exact scale of problems in the $2 trillion bipartisan stimulus relief bill in March 2020 is virtually impossible to determine because of insufficie­nt oversight and accountabi­lity reporting.

Miller has been pursuing cases of business owners double dipping from various pots of relief money, such as airlines taking small-business loans and also receiving payroll support funds. The Small Business Administra­tion’s inspector general said last year that the agency “lowered the guardrails” and that 15,000 economic disaster loans totaling $450 million were fraudulent.

The Government Accountabi­lity Office also placed the small-business lending programs on its “high risk” watch list in March, warning that a lack of informatio­n about the recipients of aid and inadequate safeguards could lead to many more problems than have been reported. The report identified “deficienci­es within all components of internal control” in the Small Business Administra­tion’s oversight and concluded that officials “must show stronger program integrity controls and better management.”

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