Finding 391197 (2023-004)

Significant Deficiency Repeat Finding
Requirement
G
Questioned Costs
-
Year
2023
Accepted
2024-04-01

AI Summary

  • Core Issue: Discrepancies in toll credit usage reporting were found in three projects, with insufficient evidence for seven others, indicating a lack of oversight and internal controls.
  • Impacted Requirements: Non-compliance with the matching requirement as per the MOU with FHWA, risking improper use of toll credits for federal projects.
  • Recommended Follow-Up: Strengthen internal controls, implement a formal review process, enhance documentation practices, conduct staff training, establish regular reconciliations, and consider using technology for better tracking.

Finding Text

Assistance Listing No. 20.205 Highway Planning and Construction (Federal-Aid Highway Program) Name of Federal Agency Department of Transportation Compliance Requirement Matching Type of Finding Significant Deficiency on Internal Control and Non-Compliance Condition: From a sample of forty federal construction projects examined, we noticed that for three projects, the toll credit usage reported in the Authority’s Toll Credits Report differed from the amounts reported in the Federal-Aid Project Agreements as approved by the Federal Highway Administration (FHWA). In addition, the Authority was unable to provide sufficient evidence for the auditors to validate the toll credit usage amounts for seven projects during the fiscal year. Furthermore, it was observed that the Authority lacks sufficient personnel designated to the oversight and review of the toll credits reporting process. This has resulted in the reporting procedure being conducted by a single individual without any formal oversight or review by additional staff or management, leading to a lack of checks and balances in this compliance area. A similar finding was reported during the prior year’s single audit as finding number 2022-02. Criteria: In accordance with the signed Memorandum of Understanding (MOU) between the Authority and FHWA (signed on February 25, 2016), the Authority shall implement modifications to its processes for approving, tracking, and reconciling toll credits as identified by the FHWA and submit a report (i.e., Toll Credits Report) and a certification to FHWA ascertaining that it has implemented these modifications. FHWA shall accurately identify the amount of toll credits available for use by the Authority and identify the modifications that the Authority must make to its processes for approving, tracking, and reconciling toll credit usage, as applicable. Cause: The causes for this finding include: 1) Recordkeeping Issues: The Authority does not have adequate recordkeeping systems for tracking toll credit usage. This could lead to discrepancies between the reported amounts in the Toll Credits Report and those in the Federal-Aid Project Agreements. 2) Lack of Adequate Internal Controls: The Authority does not have adequate internal control mechanisms in place to ensure the accuracy and completeness of the toll credit usage reporting. This includes the failure to reconcile amounts reported in the Toll Credits Report with those approved in the Federal-Aid Project Agreements. Effect: Non-compliance with the toll credits matching requirement per the MOU requirements. In addition, the Authority could inadvertently use toll credits for a federal project that may lack toll credits balances. Questioned Costs: Could not be determined. Recommendation: To address the identified compliance issues related to the discrepancies in toll credit usage reporting and the lack of sufficient evidence for certain projects, the auditors recommend the following: • Strengthen Internal Controls: Enhance internal control procedures to ensure accurate and compliant reporting of toll credit usage. This includes establishing clear guidelines for documentation, reporting, and verification processes related to federal construction projects. • Implement a Review Process: Introduce a formal review process for the toll credits reporting procedure. This review should be conducted by an individual or a team that is independent of the initial reporting process to ensure objectivity. The review should verify the accuracy of the reported toll credit usage against project agreements and supporting documentation. • Enhance Documentation Practices: Develop and enforce rigorous documentation practices. Ensure that all relevant documents supporting the toll credit usage, such as agreements, approvals, and calculations, are systematically collected, filed, and readily available for audit purposes. • Training and Awareness: Conduct training sessions for staff involved in the reporting and management of federal construction projects. The training should cover the requirements for toll credit usage, the importance of accurate reporting, and the procedures for ensuring compliance with federal guidelines, • Regular Reconciliation: Implement regular reconciliation procedures between the toll credits reported in the Authority’s Toll Credits Report and the amounts in the Federal-Aid Project Agreements. Any discrepancies identified should be investigated and resolved promptly. • Leverage Technology: Consider the use of accounting or project management software that can help track and report toll credit usage accurately. Automation can reduce human errors and improve the efficiency of the reporting process.

Corrective Action Plan

The Authority will perform an internal review of the toll credits usage Excel spreadsheet and will reconcile all credits used by the projects with a starting date in FY 2023 and later with the last version of the Federal-Aid Project Agreement approved by FHWA. Also, the credits summary will be delivered on a quarterly basis to the Executive Staff for the approval process. For the fiscal year 2024, the manual process of reconciling toll credits balance of the new projects with a starting date of January 2024 and later will be changed to an automated process with the PMIS Program, as agreed in Section II of the Memorandum of Understanding (MOU) signed in February 2016 between FHWA and the Authority. In addition, current toll credits tracking, reconciliation, and approval processes are reviewed by FHWA PR Division for compliance. Responsible: Mr. Enrique J. Rosa Torres, Budget Office Auxiliary Director Status: In process. Expected to be completed on or before June 30, 2025.

Categories

Internal Control / Segregation of Duties Reporting Significant Deficiency Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 391191 2023-002
    Significant Deficiency
  • 391192 2023-002
    Significant Deficiency
  • 391193 2023-002
    Significant Deficiency
  • 391194 2023-002
    Significant Deficiency
  • 391195 2023-002
    Significant Deficiency
  • 391196 2023-003
    Significant Deficiency
  • 967633 2023-002
    Significant Deficiency
  • 967634 2023-002
    Significant Deficiency
  • 967635 2023-002
    Significant Deficiency
  • 967636 2023-002
    Significant Deficiency
  • 967637 2023-002
    Significant Deficiency
  • 967638 2023-003
    Significant Deficiency
  • 967639 2023-004
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
20.205 Highway Planning and Construction (federal-Aid Highway Program) $149.22M
20.507 Federal Transit - Formula Grants (urbanized Area Formula Program) $26.97M
20.525 State of Good Repair Grants Program $4.72M
20.505 Metropolitan Transportation Planning Grants $2.57M
20.509 Formula Grants for Rural Areas and Tribal Transit Program $2.43M
20.500 Capital Investment Grants (fixed Guideway Capital Investment Grants) $1.59M
21.027 Covid-19: Coronavirus State and Local Fiscal Recovery Funds $1.50M
20.509 Covid-19 Formula Grants for Rural Areas and Tribal Transit Program $1.06M
20.527 Public Transportation Emergency Relief Program $672,792
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $426,869
20.933 National Infrastructure Investments $212,794
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants $31,765
20.513 Enhanced Mobility of Seniors and Individuals with Disabilities $14,913
20.526 Buses and Bus Facilities Formula, Competitive, and Low Or No Emissions Programs (buses and Bus Facilities Program) $2,109