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November 25, 2024|Regulatory

GAO’s Recommendations to WMATA Aim to Safeguard IG Independence

Written by Carolina Worrell, Senior Editor
Following an assessment of the Washington Metropolitan Area Transit Authority’s (WMATA) pilot program, the U.S. Government Accountability Office (GAO), in a report to congressional committees, recommended three actions that the transit agency should take to “safeguard Inspector General (IG) independence and evaluate capital investment outcomes.”

GAO is making three recommendations to WMATA, that:

  • “The Board develop procedures for IG removal;
  • “The Board develop a policy to ensure the IG’s direct communication with Congress; and
  • “The WMATA General Manager adopt leading practices to assess its measurement of capital investment outcomes.”
(GAO)

Nearly 760,000 trips are made each weekday using WMATA’s rail and bus system, but in recent years the agency’s operations have come under scrutiny, raising the importance of the agency’s oversight, GAO noted.

WMATA’s Office of Inspector General (OIG) is supposed to provide independent oversight of its operations, but GAO says it has found some threats to that independence. For example, WMATA’s Board doesn’t have procedures to remove an IG—meaning an IG could be terminated for any reason. This, GAO says, may lead IGs to “fear reprisal for issuing reports that are critical of the agency.”

The Infrastructure Investment and Jobs Act (IIJA) includes a provision for GAO to report on the implementation of reforms to WMATA’s OIG and capital planning process.

GAO’s report (download below) examines:

  • “How WMATA OIG’s independence compares to key attributes of an independent OIG.
  • “The extent to which WMATA implemented the IIJA’s requirement to develop performance outcome measures for WMATA’s capital investments, among other objectives.”

GAO reviewed WMATA documents and compared WMATA’s OIG to attributes of an independent OIG identified by GAO based on the Inspector General Act of 1978, as amended, and other information. GAO assessed WMATA’s pilot program to measure capital investment outcomes against GAO’s leading practices.

GAO identified 15 key attributes that help ensure the independence of OIGs. Most (13) of these attributes were present at WMATA’s OIG, including the authority to audit and investigate, issue subpoenas, and develop the OIG’s budget. In addition, WMATA has taken actions to carry out the reforms to WMATA’s OIG contained in IIJA, including delegating human resources and procurement authorities to the OIG.

Of the remaining two key attributes of OIG independence, one was not present at WMATA’s OIG and one was partially present.

  • “Not present: WMATA’s Board of Directors does not have procedures in place for the removal of an IG, such as advance notice to Congress of a planned removal. Without established removal procedures, an IG may fear termination in response to issuing critical reporting.
  • “Partially present: The OIG has limited ability to communicate with Congress because the Board has not established a policy that the IG may communicate with Congress at the IG’s discretion. Former WMATA IGs and OIG officials told GAO the Board and management discouraged the IG from communicating with Congress both privately and in public settings, such as hearings. Board officials told GAO the Board has never prevented the IG from communicating with Congress. Without a policy specifying that the IG may communicate with Congress at the IG’s discretion, the OIG will not have assurance that it can inform Congress and respond to Congress’s needs.”

WMATA neither agreed nor disagreed with the recommendations, but identified actions it plans to take, according to GAO, which says it “stands by its recommendations.”

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