Recommendation: The Director of the Bureau of Land Management (BLM) should create and implement a policy for standard posting requirements regarding comments and their identity information, particularly for duplicate comments, and should clearly communicate this policy to the public on the BLM website. (Recommendation 1)

Agency: Department of the Interior: Bureau of Land Management
Status: Open

Comments: BLM concurred with the recommendation. In December 2019, BLM indicated that it will develop and issue policy for standard posting requirements regarding public comments and associated identity information as well as duplicative comments which will be available on BLM's website. BLM officials estimate that this will be completed in March 2020. Until these items are completed, our recommendation to BLM remains open.

Recommendation: The Administrator of Centers for Medicare & Medicaid Services (CMS) should create and implement a policy for standard posting requirements regarding comments and their identity information, particularly for duplicate comments, and should clearly communicate this policy to the public on the CMS website. (Recommendation 2)

Agency: Department of Health and Human Services: Centers for Medicare and Medicaid Services
Status: Open

Comments: In January 2020, the Department of Health and Human Services stated that CMS already has policies for standard posting requirements, and noted that they would update their policy and communicate it on the CMS website. However, while CMS provided us with an excerpt of the updated language, as written, it does not include information about how the agency posts duplicate comments. Further, CMS did not provide us with this policy, and our review of the website does not indicate any changes have been made. HHS stated it would provide additional follow up actions by 7/23/2020. Given that we found significant variation in the way that CMS posts comments, even within a single docket, we continue to believe that it is important for CMS to develop and implement a standard policy for posting duplicate comments and their identity information, in addition to communicating this policy to the public on the CMS website.

Recommendation: The Director of the Consumer Financial Protection Bureau (CFPB) should finalize its draft policy for posting comments and their identity information, particularly for duplicate comments, and clearly communicate it to the public on the CFPB website. (Recommendation 3)

Agency: Consumer Financial Protection Bureau
Status: Open

Comments: CFPB concurred with the recommendation. In December 2019, CFPB indicated that it will develop new language for consumerfinance.gov to better explain the Bureau's "post all" policy, and any exceptions to it. Additionally, CFPB is finalizing internal procedures for posting comments. Until these items are completed, our recommendation to CFPB remains open.

Recommendation: The Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) should
1. create and implement a policy for standard posting requirements regarding comments and their identity information, particularly for duplicate comments;
2. clearly communicate this policy to the public on the EBSA website; and
3. evaluate the duplicative practice of replicating rulemaking dockets on the EBSA website, to either discontinue the practice or include a reference to Regulations.gov and explanation of how the pages relate to one another. (Recommendation 4)

Agency: Department of Labor: Employee Benefits Security Administration
Status: Open

Comments: EBSA concurred with the recommendation. In September 2019, EBSA stated that it will develop a written policy regarding posting of comments, including that of duplicate comments. This information will be available on their website. Additionally, EBSA will post a reference to Regulations.gov as part of each Notice of Proposed Rulemaking (NPRM) webpage that includes public comments together with an explanation of its relation to Regulations.gov as a means to access public comments on EBSA's rulemaking initiatives. EBSA officials did not provide a date by which these actions will be implemented. Additionally, while EBSA noted that internal and external users prefer the agency's current practice of replicating rulemaking dockets, the agency did not provide evidence that a formal evaluation had been conducted, and did not identify plans to do so. As a result, at this time our recommendation to EBSA remains open.

Recommendation: The Administrator of the Environmental Protection Agency (EPA) should finalize its draft policy for posting comments and their identity information, particularly for duplicate comments, and clearly communicate it to the public on the EPA website. (Recommendation 5)

Agency: Environmental Protection Agency
Status: Open

Comments: EPA concurred with the recommendation. In January 2020, EPA indicated that it will finalize its Docket Center's Document Processing Standard Operating Procedure as well as its website. This update will include information detailing when all duplicate comments are posted to Regulations.gov and when just one representative sample of a duplicate comment is posted. EPA officials estimate that this will be completed in February 2020. Until these items are completed, our recommendation to EPA remains open.

Recommendation: The Director of the Fish and Wildlife Service (FWS) should create and implement a policy for standard posting requirements regarding comments and their identity information, particularly for duplicate comments, and should clearly communicate this policy to the public on the FWS website. (Recommendation 6)

Agency: Department of the Interior: United States Fish and Wildlife Service
Status: Open

Comments: FWS concurred with the recommendation. In December 2019, FWS stated that it will update its service manual to include all standard posting requirements regarding public comments and their identity information. Additionally, FWS will include a statement on the FWS' website to inform the public about posting of public comments and identity information to regulations.gov. FWS officials estimate that this will be completed in June 2020. Until these items are completed, our recommendation to FWS remains open.

Recommendation: The Administrator of the Wage and Hour Division (WHD) should clearly communicate its policy for posting comments and their identity information, particularly for duplicate comments, to the public on the WHD website. (Recommendation 8)

Agency: Department of Labor: Wage and Hour Division
Status: Open

Comments: WHD concurred with the recommendation. In August 2019, WHD indicated that it will add text to each webpage for any rulemaking that invites public comments which states that any personal information included in the comments (including duplicate) will be posted to Regulations.gov without change. However, the text provided by officials does not explain WHD's policy of posting duplicate comments as a group under a single document ID, and therefore does not clearly communicate the agency's posting practices to the public. As a result, at this time our recommendation to WHD remains open.

Recommendation: The IRS Commissioner should work with the Department of the Treasury to consider clarifying if transfers of unclaimed savings from employer-based plans (such as 401(k) plans) to states are distributions, what, if any, tax reporting and withholding requirements apply, and when they apply. (Recommendation 1)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS agreed with this recommendation and stated that it would work with Treasury to consider clarifying the issues raised by this recommendation.

Recommendation: The IRS Commissioner should work with the Department of the Treasury to consider adding retirement savings transferred to states from terminating DC plans to the list of permitted reasons for rolling over savings after the 60-day rollover period, in a form consistent with the rules adopted on the taxation of transfers of unclaimed retirement savings. (Recommendation 2)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS agreed with this recommendation and stated that it would work with Treasury to consider addressing the issues outlined in this recommendation.

Recommendation: The Secretary of Labor should specify the circumstances, if any, under which uncashed distribution checks from active plans can be transferred to the states. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. However, DOL stated it plans to continue to evaluate whether there are circumstances in which the transfer of uncashed distribution checks from an ongoing plan to the states advances the goal of reuniting missing participants with their savings, which is consistent with this recommendation. We commend DOL for recognizing the importance of this issue and will monitor the agency's efforts to address this recommendation.

Recommendation: WMATA's General Manager should conduct a comprehensive assessment of the financial risks to which WMATA is exposed from its pension plans and communicate the results to its pension plan trustees and other stakeholders, such as its Board of Directors. This assessment should include information about WMATA's current and potential future required payments and unfunded liabilities, including under potentially adverse economic scenarios. (Recommendation 1)

Agency: Washington Metropolitan Area Transit Authority
Status: Open

Comments: As of June 2020, WMATA stated that the authority periodically evaluates the risks posed by the unfunded liabilities for its pension plans and other post-employment benefits. Specifically, WMATA officials stated that consulting agencies are used to conduct sensitivity analysis regarding the funded status of WMATA's five pension plans under various economic scenarios. However, WMATA has not yet provided GAO with these analyses to assess what information they contain and whether they include information on potential future required payments and unfunded liabilities under adverse scenarios. GAO will continue to work with WMATA to obtain these analyses and monitor WMATA's progress in addressing this recommendation.

Recommendation: WMATA's General Manager should develop a strategic workforce planning process that (1) sets a strategic direction for WMATA's workforce planning and involves employees and other stakeholders in developing and communicating the process, and (2) includes a data-driven assessment of the critical skill and competencies WMATA needs to fill any gaps. (Recommendation 2)

Agency: Washington Metropolitan Area Transit Authority
Status: Open

Comments: As of June 2020, WMATA officials stated that the Authority did not provide funding in 2019 to obtain a consultant to assist with authority-wide strategic workforce planning, as WMATA had previously planned. WMATA officials told us that the Authority is evaluating funding availability for this effort in the upcoming fiscal year, but in consideration to the impacts of the coronavirus crisis, broad economic uncertainties, and other challenges facing the Authority. WMATA did not provide information as to whether it would be conducting additional workforce planning efforts using its in-house staff and resources. GAO will continue to monitor WMATA's efforts to address this recommendation.

Recommendation: WMATA's General Manager should establish comprehensive policies and procedures for both of its performance management systems that document the goals of the systems and individuals' responsibilities for implementing these systems; align employee performance objectives with all of WMATA's strategic goals; and define performance objectives, rating categories, and competencies tailored to individual positions' responsibilities. (Recommendation 3)

Agency: Washington Metropolitan Area Transit Authority
Status: Open

Comments: As of June 2020, WMATA created documented procedures for managers and staff who are not represented by a union to use in the performance management cycles for fiscal years 2019 and 2020. These included guidance, instructional videos, or other tools for setting employee performance objectives in relation to WMATA's strategic priorities, and conducting mid-year reviews and end-of year performance evaluations. WMATA reported that it also intends to develop procedures to support performance management for some of its union-represented employees, starting in fiscal year 2021 with the Metro Transit Police Department. WMATA expects to implement changes for other represented employee groups beginning in fiscal year 2022. GAO will continue to monitor WMATA's progress in addressing this recommendation.

Recommendation: WMATA's General Manager should establish controls to ensure supervisors fully and accurately complete employee performance reviews and submit them to human resources within established timeframes. (Recommendation 4)

Agency: Washington Metropolitan Area Transit Authority
Status: Open

Comments: As of June 2020, WMATA has taken steps to establish controls for its employee performance management system. Specifically, WMATA developed an automated tool to track employee and supervisor compliance with WMATA's performance management requirements, and provided GAO with information on how WMATA used this tool to set employee performance objectives and complete mid-year reviews in the fiscal year 2020 performance cycle. WMATA reported that end-of-year performance evaluations would be completed by the end of July 2020. GAO will review WMATA's completion of the 2020 performance cycle to process to assess whether WMATA has fully implemented our recommendation.

Recommendation: WMATA's General Manager should develop a documented process to use employee performance management information to monitor progress toward WMATA's strategic goals. (Recommendation 5)

Agency: Washington Metropolitan Area Transit Authority
Status: Open

Comments: As of June 2020, WMATA officials told us that its automated performance management tool will provide information on employee performance information across the organization and allow for data-driven decision making. Specifically, WMATA stated that managers can view year-end ratings and other information for every employee within their chain of command, and WMATA's senior leadership have a global view of the ratings to compare performance ratings distributions across departments. WMATA reported that it is currently completing its fiscal year 2020 performance cycle, which ends July 31, 2020. GAO will continue to follow WMATA's progress addressing this recommendation, including assessing whether the information in its automated performance management tool will help WMATA monitor progress toward achieving its strategic goals.