Finding No. 2023-003 – Energy Incentive Program disbursement to Ineligible Providers and Beneficiaries
Federal Program Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Name of Federal Agency U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Activities Allowed
Type of Finding
Internal control over compliance/non-compliance
Category
Material Weakness
Criteria
According to the 31 CFR Subtitle A Part 35 Subpart 35.6 (b)(3)(ii)(B)(2). Eligible uses 35.6(b) A recipient may use funds to respond to the public health emergency or its negative economic impacts if the use meets the criteria. (3) A recipient may use funds to respond to the public health emergency or its negative economic impacts on a beneficiary or class of beneficiaries for one or more of the following purposes unless such use is grossly disproportionate to the harm caused or exacerbated by the public health emergency or its negative economic impacts. (ii) Responding to the negative economic impacts of the public health emergency for purposes including, (B) assistance to small businesses including, (2) a program, service, capital expenditure, or other assistance that responds to disproportionately impacted small businesses, including rehabilitation of commercial properties; storefront and façade improvements; technical assistance, business incubators, and grants for start-ups or expansion costs for small businesses; and programs or services to support micro-businesses.
Additional criteria were established in the Energy Incentive Program Guidance issued by the Disbursement Oversight Committee established by the Government of Puerto Rico. Condition
During our examination, we noted twelve (12) suppliers’ instances and thirty-two (32) instances of beneficiaries,
which based on the regulation previously indicated, the Energy Incentive was paid to suppliers and beneficiaries
that not provided required supporting documentation to be eligible.
Context
From a sample of thirty-three (33) suppliers and beneficiaries that receive the Energy Incentive payments, twelve
(12) suppliers and thirty-two (32) beneficiaries did not meet the eligibility criteria.
INELIGIBLE
SUPPLIERS Case Id
Amount
Disbursed
Questioned
Cost
815 343,800.00 -
2590 274,646.37 -
1333 225,000.00 -
1681 607,644.00 -
245 558,730.00 -
575 973,727.31 -
1587 220,796.31 -
191 141,100.00 -
353 187,276.00 -
831 449,615.56 -
256 374,970.00 -
880 386,979.00 -
Total $ 4,744,284.55 $ - Context – (continued)
INELIGIBLE
BENEFICIARIES Case Id
Amount
Disbursed
Questioned
Cost
465 25,000.00 25,000.00
180 25,000.00 25,000.00
701 25,000.00 25,000.00
1162 25,000.00 25,000.00
1386 25,000.00 -
730 24,872.50 -
444 25,000.00 -
1145 14,800.00 -
462 14,556.50 -
2590 25,000.00 -
1333 25,000.00 -
1681 25,000.00 25,000.00
1247 22,095.00 -
211 25,000.00 -
960 25,000.00 -
245 25,000.00 25,000.00
2741 25,000.00 25,000.00
575 25,000.00 25,000.00
1587 9,088.82 -
191 25,000.00 -
353 25,000.00 -
828 25,000.00 -
1071 25,000.00 25,000.00
1531 19,123.13 19,123.13
831 22,101.63 22,101.63
247 25,000.00 -
256 25,000.00 -
1791 25,000.00 -
2529 25,000.00 25,000.00
2023 15,000.00 15,000.00
880 25,000.00 -
815 25,000.00 25,000.00
Total $ 741,637.58 $ 331,224.76
TOTAL $ 5,485,922.13 $ 331,224.76 Cause
The program administration suffered several changes which caused that the procedures established in the program guide not be followed correctly and the required documents not being properly safeguarded.
Effect
As a result of this condition, the US Department of Treasury may request the return of funds, issue warnings and/or impose penalties to the Department.
Questioned Costs
The known questioned costs were calculated by the amounts disbursed to ineligible suppliers and beneficiaries. We did not include as questioned costs the amounts disbursed for certain suppliers and beneficiaries, because the Department provide the required documentation after the field work was completed. Based on this reason, we modified the questioned costs based on the beneficiaries with missing required documents that were disbursed, for total questioned costs amounting to $331,224.76.
Identification as a Repeated Finding
This is not a repeat finding from the immediate previous audit.
Recommendation
We recommend the Department to strengthen controls in eligibility determination and disbursement of federal funds to ensure the compliance with the requirements of the program.
In addition, implement a document control system to comply with document retention requirement. Any government and non-government entity receiving Program funds will be required to retain use of funds records and supporting documentation for a period of five (5) years.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-003 – Energy Incentive Program disbursement to Ineligible Providers and Beneficiaries
Federal Program Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Name of Federal Agency U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Activities Allowed
Type of Finding
Internal control over compliance/non-compliance
Category
Material Weakness
Criteria
According to the 31 CFR Subtitle A Part 35 Subpart 35.6 (b)(3)(ii)(B)(2). Eligible uses 35.6(b) A recipient may use funds to respond to the public health emergency or its negative economic impacts if the use meets the criteria. (3) A recipient may use funds to respond to the public health emergency or its negative economic impacts on a beneficiary or class of beneficiaries for one or more of the following purposes unless such use is grossly disproportionate to the harm caused or exacerbated by the public health emergency or its negative economic impacts. (ii) Responding to the negative economic impacts of the public health emergency for purposes including, (B) assistance to small businesses including, (2) a program, service, capital expenditure, or other assistance that responds to disproportionately impacted small businesses, including rehabilitation of commercial properties; storefront and façade improvements; technical assistance, business incubators, and grants for start-ups or expansion costs for small businesses; and programs or services to support micro-businesses.
Additional criteria were established in the Energy Incentive Program Guidance issued by the Disbursement Oversight Committee established by the Government of Puerto Rico. Condition
During our examination, we noted twelve (12) suppliers’ instances and thirty-two (32) instances of beneficiaries,
which based on the regulation previously indicated, the Energy Incentive was paid to suppliers and beneficiaries
that not provided required supporting documentation to be eligible.
Context
From a sample of thirty-three (33) suppliers and beneficiaries that receive the Energy Incentive payments, twelve
(12) suppliers and thirty-two (32) beneficiaries did not meet the eligibility criteria.
INELIGIBLE
SUPPLIERS Case Id
Amount
Disbursed
Questioned
Cost
815 343,800.00 -
2590 274,646.37 -
1333 225,000.00 -
1681 607,644.00 -
245 558,730.00 -
575 973,727.31 -
1587 220,796.31 -
191 141,100.00 -
353 187,276.00 -
831 449,615.56 -
256 374,970.00 -
880 386,979.00 -
Total $ 4,744,284.55 $ - Context – (continued)
INELIGIBLE
BENEFICIARIES Case Id
Amount
Disbursed
Questioned
Cost
465 25,000.00 25,000.00
180 25,000.00 25,000.00
701 25,000.00 25,000.00
1162 25,000.00 25,000.00
1386 25,000.00 -
730 24,872.50 -
444 25,000.00 -
1145 14,800.00 -
462 14,556.50 -
2590 25,000.00 -
1333 25,000.00 -
1681 25,000.00 25,000.00
1247 22,095.00 -
211 25,000.00 -
960 25,000.00 -
245 25,000.00 25,000.00
2741 25,000.00 25,000.00
575 25,000.00 25,000.00
1587 9,088.82 -
191 25,000.00 -
353 25,000.00 -
828 25,000.00 -
1071 25,000.00 25,000.00
1531 19,123.13 19,123.13
831 22,101.63 22,101.63
247 25,000.00 -
256 25,000.00 -
1791 25,000.00 -
2529 25,000.00 25,000.00
2023 15,000.00 15,000.00
880 25,000.00 -
815 25,000.00 25,000.00
Total $ 741,637.58 $ 331,224.76
TOTAL $ 5,485,922.13 $ 331,224.76 Cause
The program administration suffered several changes which caused that the procedures established in the program guide not be followed correctly and the required documents not being properly safeguarded.
Effect
As a result of this condition, the US Department of Treasury may request the return of funds, issue warnings and/or impose penalties to the Department.
Questioned Costs
The known questioned costs were calculated by the amounts disbursed to ineligible suppliers and beneficiaries. We did not include as questioned costs the amounts disbursed for certain suppliers and beneficiaries, because the Department provide the required documentation after the field work was completed. Based on this reason, we modified the questioned costs based on the beneficiaries with missing required documents that were disbursed, for total questioned costs amounting to $331,224.76.
Identification as a Repeated Finding
This is not a repeat finding from the immediate previous audit.
Recommendation
We recommend the Department to strengthen controls in eligibility determination and disbursement of federal funds to ensure the compliance with the requirements of the program.
In addition, implement a document control system to comply with document retention requirement. Any government and non-government entity receiving Program funds will be required to retain use of funds records and supporting documentation for a period of five (5) years.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.
Finding No. 2023-004 - Late Filing of Single Audit Reporting Package
Federal Programs Workforce Innovation and Opportunity Act Cluster
ALN 17.258, 17.259, and 17.278
Coronavirus State and Local Fiscal Recovery Funds
ALN 21.027
Federal Agency U.S. Department of Labor (DOL)
U.S. Department of Treasury
Pass-through Entity
Puerto Rico Department of Treasury
Compliance Requirement Reporting
Type of Finding
Internal Control over Compliance
Category
Significant Deficiency
Criteria
As required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), § 200.512 Report submission (a) (1), “ the audit must be completed and the data collection form described in paragraph (b) of this section and reporting package described in paragraph (c) of this section must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day”.
Condition
The Department has not submitted the Single Audit Reporting Packages for the year ended June 30, 2023. Cause
The Single Audit Reporting Packages late submission results from the operational changes caused by Act No. 171 of October 2, 2014 (Act No. 171) enactment. Act No. 171 integrated the Labor Development Program and the WIOA Cluster Programs with the Department. This merger, in conjunction with other difficulties in accounting and reporting processes, has delayed the Department’s efforts to bring up to date all federal filings.
Effect
If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or passthrough entity may take one or more of the following actions, as appropriate in the circumstances:
a)
Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or passthrough entity.
b)
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
c)
Wholly or partly suspend or terminate the Federal award.
d)
Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a passthrough entity, recommend such a proceeding be initiated by a federal awarding agency).
e)
Withhold further Federal awards for the project or program.
f)
Take other remedies that may be legally available.
Questioned Costs
None.
Identification as a Repeated Finding
This is a repeat finding from the immediate previous audit, Finding No. 2022-005.Recommendation
The data collection form and single audit reporting package must be submitted within the required due dates. Also, we strongly suggest the accounting department to take whatever steps necessary to ensure that senior management receives current and accurate financial information on a timely basis. If it is determined that the department is understaffed, steps should be taken to alleviate this problem so that work can remain current without an undue hardship on any one employee. Once up to date, the accounting staff must consistently provide management with the accurate financial reports and information necessary to effectively manage the Department’s operations and comply with the reporting deadlines.
Views of responsible officials and planned corrective actions.
Refer to the corrective action plan on pages 112-113.