Finding 544712 (2024-002)

Significant Deficiency Repeat Finding
Requirement
G
Questioned Costs
$1
Year
2024
Accepted
2025-03-31

AI Summary

  • Core Issue: There are significant deficiencies in the Authority's internal controls and compliance regarding toll credit usage reporting, leading to discrepancies between reported and approved amounts.
  • Impacted Requirements: The Authority failed to meet the matching requirements outlined in the MOU with FHWA, risking the use of toll credits without proper validation.
  • Recommended Follow-Up: Strengthen internal controls, enhance documentation practices, and conduct staff training to ensure accurate reporting and compliance with federal guidelines.

Finding Text

Finding Reference 2024-02 Assistance Listing Number 20.205 Highway Planning and Construction (Federal-Aid Highway Program) Name of Federal Agency Department of Transportation Compliance Requirement Matching, Level of Effort, Earmarking Type of Finding: Significant Deficiency on Internal Control and Noncompliance Condition: From a sample of sixty federal construction projects examined, we noticed the following compliance deficiencies: 1. For two 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). 2. For one project, the Authority was unable to provide sufficient evidence for the auditors to validate the toll credit usage amount during the fiscal year. A similar finding was reported during the prior year’s single audit as finding number 2023-04. 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 of this finding include: 1) Recordkeeping and Personnel Issues: The Authority has implemented a recordkeeping system endorsed by FHWA to monitor toll credit usage. However, it was observed that the Authority lacks sufficient personnel designated to oversight and review of the toll credits reporting process. This has resulted in the reporting procedure being conducted by a single employee without any formal oversight or review by additional staff or management, leading to a lack of checks and balances in this compliance area. 2) Lack of Adequate Internal Controls: The Authority lacks 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 of 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: 1) 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 such as a review by an employee 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. 2) 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. 3) 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. 4) 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. 5) 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. Views of Responsible Officials Refer to Management’s unaudited corrective action plan.

Corrective Action Plan

Finding Reference 2024-02 Corrective Action Plan: The Authority has performed an internal review of the toll credits usage in the Excel spreadsheet and reconciled all credits used by projects with a start date of FY 2023 and forward against the latest version of the Federal-Aid Project Agreement approved by the Federal Highway Administration (FHWA). In addition, credits are sent to the Executive Staff for the approval process on a quarterly basis. For fiscal year 2024, the manual process of reconciling toll credits for new projects with a start date of January 2024 or forward was changed to an automated process using the PMIS Program, as agreed with Section II of the Memorandum of Understanding (MOU) signed in February 2016 between FHWA and the Authority. Also, current toll credits tracking, reconciliation, and approval processes are reviewed by the FHWA. For projects with a start date before January 2024, the Authority will perform an internal review of the tolls credit usage against the later version of the Federal-Aid Project Agreement approved by FHWA. Additionally, the Authority is developing a Standard Operating Procedure (SOP) with FHWA for the use of Toll Credits in PMIS along with a new version of the Excel spreadsheet. Responsible: Mr. Enrique J. Rosa Torres, Executive Director of Administration and Finance Planned Implementation Date: In process. Expected to be completed on or before December 31, 2025.

Categories

Questioned Costs Matching / Level of Effort / Earmarking Internal Control / Segregation of Duties

Other Findings in this Audit

  • 544713 2024-003
    Significant Deficiency
  • 544714 2024-005
    Significant Deficiency
  • 544715 2024-004
    Significant Deficiency Repeat
  • 544716 2024-005
    Material Weakness
  • 544717 2024-006
    Material Weakness
  • 1121154 2024-002
    Significant Deficiency Repeat
  • 1121155 2024-003
    Significant Deficiency
  • 1121156 2024-005
    Significant Deficiency
  • 1121157 2024-004
    Significant Deficiency Repeat
  • 1121158 2024-005
    Material Weakness
  • 1121159 2024-006
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
20.205 Highway Planning and Construction $187.56M
20.507 Federal Transit Formula Grants $12.30M
20.527 Public Transportation Emergency Relief Program $5.84M
20.525 State of Good Repair Grants Program $5.79M
20.500 Federal Transit Capital Investment Grants $5.23M
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.76M
20.505 Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research $1.06M
20.513 Enhanced Mobility of Seniors and Individuals with Disabilities $1.06M
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $244,290
20.509 Formula Grants for Rural Areas and Tribal Transit Program $104,711
20.526 Buses and Bus Facilities Formula, Competitive, and Low Or No Emissions Programs $49,373