United States Environmental Protection Agency Administration And Resources Management (H3304) EPA202-R-92-002 October 1992 Management's Semiannual Report To The Congress On Audits April 1,1992 through September 30,1992 _?** iv* ------- ------- CPA-, 3.0.2 K. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY MANAGEMENT'S SEMIANNUAL REPORT TO THE CONGRESS ON AUDITS FOR THE PERIOD APRIL 1, 1992 THROUGH SEPTEMBER 30, 1992 ------- CONTENTS Foreword Contents Executive Summary Section 1 Management Initiatives and Accomplishments Page Section 2 Final Action on Audit Reports With Disallowed Costs Final Action On Audit Reports with Recom- mendations That Funds Be Put To Better Use, Agreed To In A Management Decision 8 Section 3 Audit Reports With A Management Decision But Final Action Not Taken After One Year Audits Under Appeal Or Where A Legislative Solution is Sought 16 ------- FOREWORD This semiannual report on audits is submitted by EPA management in response to the requirements of the Inspector General Act Amendments of 1988. The report reflects a close cooperative effort by the Office of the Inspector General and EPA management on all aspects of the audit management process, and on the joint processes necessary to develop this report and related information required for the report of the Office of the Inspector General. Management's report has three sections. • The first section outlines significant management initiatives undertaken to ensure a comprehensive and rigorous audit management program in EPA, • The second section contains the statistical tables required by Section 5(b){2) and 5(b)(3) of the Inspector General Act of 1978 as amended. The tables summarize: Final Action On Audit Reports With Disallowed Costs; and Final Action On Audit Reports With Recommendations That Funds Be Put To Better Use, Agreed To In A Management Decision. • The third section contains the information required by Section 5{bM4) of the Inspector General Act of 1978 as amended. Information is provided on: Audit Reports With A Management Decision But Final Action Not Taken After One Year; and Audits Under Appeal Or Where A Legislative Solution Is Sought. To assist the Office of Management and Budget in their assessment of the revised reporting requirements mandated by the IG Act Amendments of 1988, EPA has identified the differences in data between the IG and Management reports and has taken steps to reconcile those differences. I want to take this opportunity to express my thanks to John C. Martin, EPA's Inspector General, to his staff, to the many EPA managers and Audit Follow- up Coordinators throughout the Agency, and to my own staff, especially the Resource Management Division of the Office of the Comptroller, who contributed to the preparation of this report. Christian R. Holmes Assistant Administrator ------- EXECUTIVE SUMMARY The United States Environmental Protection Agency (EPA) invests significant time and money in audits. Senior management is committed to ensuring that EPA managers take full advantage of this commitment and the benefits that are returned from this investment. Audits help managers to improve their programs and make most effective use of the resources available to them. It is within this context that EPA approaches its responsibilities for the integrity of its environmental programs and the administrative systems that it establishes to manage those programs for the public good. Highlights of the information reported on the following pages in response to the requirements of the Inspector General Act Amendments of 1988 include the following: • During the 6-month period, April 1, 1992 through September 30, 1992, EPA completed final action on 170 audits. Of these, there were 109 financial audits with $17,551,447 disallowed costs recovered. • EPA also completed final corrective action on 61 performance and contract audits resulting in $225,324 of funds put to better use. (This occurs mostly in the auditing of pre-award contract proposals). • We had 53 audit reports where management issued its final decisions but follow-up corrective actions were incomplete after one year. The reasons that actions were incomplete are stated in the report. Final action has been completed on 4 of these audits since the end of the reporting period. • 104 audits are the subject of a formal administrative appeal. • The ending balance of the previous report has been adjusted to reflect corrected data for 24 audits with $2,756,758 in disallowed costs and $10,285 in funds put to better use (see tables on pages 7 and 8). EPA top management is directly and personally involved in EPA's audit management process and considers it to be a significant management priority. We view the auditing process of the Office of the Inspector General as an integral part of management's commitment to protect EPA from fraud, waste and mismanagement. The efficiency and effectiveness of the Agency's audit management and follow-up process is a key concern of the Agency's Senior Council on Management Controls, the Accountable Officials Network, and the newly established Quality Action Team on Audit Follow-up. ------- MANAGEMENT INITIATIVES AND ACCOMPLISHMENTS Ensuring a quick and effective Agency response to Office of the Inspector General findings of waste, fraud and abuse is the goal of EPA's audit follow-up program. EPA continues to make substantial progress to attain this goal, challenging its managers to make Audit Follow-up a high priority and become personally involved in the early identification of issues and their timely resolution. Highlighted below are results of recent efforts, as well as future initiatives underway in EPA which will further strengthen audit management practices throughout the agency. RECENT ACCOMPLISHMENTS EPA has implemented an aggressive approach to improve its audit follow-up program. In the past six months we have: • implemented a quality assurance program to ensure the integrity of the data included in the semiannual report to Congress. As part of this quality assurance program, OARM has conducted on-site reviews in one Headquarters office and 2 regional offices. These reviews are designed to test the validity of the data that is used to prepare the semiannual reports, provide EPA managers with a snapshot of the strengths and weaknesses of their audit follow-up programs and recommend specific actions for improvement. • issued a Quality Assurance Manual to standardize audit follow-up practices and to ensure that the data contained in EPA's audit tracking system are complete, accurate and up-to-date. The manual provides procedures, worksheets and checklists to help organize and structure the critical tasks of data collection and certification. • created a high-ranking Accountable Officials' Network to assure accountability for material weakness follow-up, including audit management. The AO network is a cadre of highly respected senior managers which meets monthly to be the early warning system and creative problem solvers for correcting material weaknesses. • developed the Agency Report on Significant Audits that pinpoints the 30 most sensitive and highly visible audits underway, as well as those in resolution and follow-up stages. This monthly report is distributed to the top program managers throughout the Agency and asks them to develop strategies for bringing the issues to resolution. ------- • established a Quality Action Team (QAT) on Audit Follow-up, in conjunction with the Inspector General, to speedup, streamline and strengthen the Agency's Audit Follow-up program. • established procedures to reconcile discrepancies in audit resolution data as reported in the Office of Inspector General's Audit Tracking System and Management's Audit Tracking System. • continued to sponsor quarterly meetings of the Agency's Senior Council on Management Controls. The council continues to play a key role in management integrity activities, providing top level operational and policy guidance to our internal control and audit follow-up programs. FUTURE INITIATIVES EPA will continue to strengthen its audit follow-up program by instituting several new initiatives. In the next six months we will: • issue a new version of MATS, the agency's system for tracking audit follow-up activity. The new release is based on suggestions from the users, and will expand reporting capabilities and facilitate the electronic transfer of data from regional offices to headquarters. An agency-wide training session on this new MATS version will be provided to the audit follow-up community in December 1992. • implement the results of the Audit Follow-up QAT. The outcomes of the QAT are expected to significantly change EPA's audit follow-up program. For example, a revision of EPA Order 2750, the agency's directive for audit management, is an action item to be examined by the team. • continue on-site visits in regional and headquarters offices. Reviews are scheduled for each regional and headquarters office. As illustrated by these initiatives, our efforts to strengthen the audit management program have been extensive and far-reaching. It is the Agency's goal to meet the challenges set forth in these initiatives and make its audit management program a model for government-wide use. 6 ------- EPA MANAGEMENT REPORT ON FINAL ACTIONS ON AUDITS WITH DISALLOWED COSTS FOR THE SIX-MONTH PERIOD (4/1/92 - 9/30/92) Number of Audits Disallowed Costs A. Balance reported at the end of previous period. B. Adjustments to the balance of the previous report.1 C. Audit reports with management decisions on which the final action had not been taken at the beginning of the period. D. Audit reports on which management decisions were made during the period. E. Total audit reports pending final action during the period. F. Audit reports on which final action was taken during the period. 1. Recoveries a) Offsets b) Collections c) Value of Property d) Other 2. Write-Offs 3. Total 1 and 2 G. Audit reports needing final action at the end of the period (subtract F from E). 248 $87,716,091 20 2,756,758 228 90,472,849 153 46,673,797 381 137,146,646 109 17,551,447 13,816,580 1,966,522 0 470,288 1,298,057 17,551,447 272 119,595,199 1 Breakdown of adjustments to the beginning balance from previous reporting period: • The ending balance increased after audits were adjusted to reflect actual decision dates occurring in a previous reporting period. * The ending balance decreased after audits were adjusted to reflect finaf action dates occurring in a previous reporting period. * The ending balance decreased when disallowed costs for 11 audits were corrected in a previous reporting period. 3 6,187,075 -23 -4,816,076 1,386,759 ------- EPA MANAGEMENT REPORT ON FINAL ACTIONS ON AUDITS WITH RECOMMENDATIONS THAT FUNDS BE PUT TO BETTER USE AGREED TO IN A MANAGEMENT DECISION FOR THE SIX-MONTH PERIOD (4/1/92 - 9/30/92) Number of Audits Dollar Value A. Balance reported at the end of previous period. B. Adjustments to the balance of the previous report.1 44 $ 4,272,877 10.285 C. Audit reports with management decisions 9n which the final action had not been taken at the beginning of the period. 40 $4,283,162 D. Audit reports on which management decisions were made during the period. 72 $1,256,679 E. Total audit reports pending final action during the period. 112 5,539,841 F. Audit reports on which final action was taken during the period. 1. Value of recommendations that were actually completed 2. Value of recommendations that management decided should not or could not be completed 3. Total 1 and 2 G. Audit reports needing final action at the end of the period (subtract F from E). 61 57 225,324 28,567 253,891 5,285,950 1 Breakdown of adjustments to the beginning balance from previous reporting period: • The ending balance decreased after audits were adjusted to reflect final action dates occurring in a previous reporting period. • The ending balance increased when final action amount for one audit was corrected in a previous reporting period. -4 O 10,285 8 ------- Environmental Protection Agency AUDITS WITH MANAGEMENT DECISIONS BUT NO FINAL ACTION AFTER 1 YEAR (Amounts Shown Are Drawn From Management Decisions) Audit Number Title Report Date Better Use Amount Disallowed Cost Amount 0100099 ELKTON MAYOR AND COMM MD 01/04/90 0 186.632 This accounts receivable was forwarded to the Agency claims officer in February 1992. Additional collection action will be taken, pending a decision by the claims officer. The region anticipates taking final action immediately after accounts receivable is collected. 0100206 USER CHARGE SYSTEM 03/28/90 0 0 One corrective action, the development of user charge guidance, is still pending. Anticipated final action date is end of FY 93. 0100207 A/R COST RECOVERY 03/28/90 0 0 Most corrective actions associated with this audit are completed. A task force has been established to ensure that regions have interoffice procedures that record and manage current accounts receivable. Anticipated final action date is June 1993. 0100225 KAREN JOHNSON ASSOCIATES MD 03/28/90 0 58,860 The contract is in close-out status as of August 24, 1992. The Agency owes Karen Johnson Associates a minimum of $144,855. Because the contractor is bankrupt, the Office of General Counsel (OGC) is determining appropriate course of action. Final action is anticipated once guidance from OGC is issued and negotiations with settlement attorney are concluded. 0100226 KAREN JOHNSON ASSOCIATES MD 03/28/90 0 663,664 The contract is in close-out status as of August 24, 1992. The Agency owes Karen Johnson Associates a minimum of $144,855. Because the contractor is bankrupt the Office of General Counsel (OGC) is determining appropriate course of action. Final action is anticipated once guidance from OGC is issued and negotiations with settlement attorney are concluded. 0100230 OVERSIGHT OF POST-SETTLEMENT 03/29/90 0 0 Progress has been made on outstanding items. Draft OIG foljow-up review issued on August 5, 1992 includes findings not fully closed in this audit. Region will continue corrective actions on these findings. Target date for closure is by the end of FY 93. 0100232 AMHERSTNY 03/30/90 0 137.004 Final action on this audit was delayed by an appeal of the final decision letter by the grantee. The appeal decision was issued on March 12, 1992. Region anticipates taking final action immediately after accounts receivable is collected. 0100482 SECTION 301 H MARINE WAIVERS 09/18/90 0 0 St. Thomas quality action plan and final St. Croix outfall feasibility study expected in FY 93. Region is awaiting decision on Mayaguez evidentiary hearing request from Headquarters. This revised guidance is expected by the end of FY 93 . Full compliance estimated by the end of FY 95. J ------- Audit Number Title Report Date Better Use Amount Disallowed Cost Amount 0100491 SPCC PROGRAM 09/24/90 Milestones continue to be delayed due to internal negotiations between the Office of Water and the Office of Solid Waste and Emergency Response over legislative authorizations. Final action is anticipated by March FY 93. 0100492 SUPERFUND DBL & PIS FY 89 DC 09/24/90 Corrective actions agreed to in the management decision are being completed. The last corrective action is planned to be completed in June 1994. 0100508 LEAD IN DRINKING WATER 09/28/90 Most actions have been completed. Potential legislative changes and anticipated regulations necessitate strategy adjustment. Anticipate final action by March 93. 0200001 SULTANA COMM SER DIST CA 11/22/89 39,013 The final determination letter indicated that a balance of $31,391 was owed to EPA. The grantee requested a waiver of debt collection due to financial hardship. The request was forwarded to Financial Reports and Analysis Branch who forwarded the Region's request to the Office of General Counsel. On September 30, 1992 Region Financial Management Officer sent queries to FRAB on the status of the request to waive debt collection and close this audit. Final action anticipated by March 1993. 0200007 BRUCI MS 05/07/90 103.524 The grantee appealed this decision on November 2, 1990. The Region Administrator (RA) disputes decision letter was issued on October 6, 1992. The region is taking collection action on the balance due EPA of $41,261. The region anticipates final action by the end of first quarter FY 93. 0200008 BERKELEY CO WSASC 05/11/90 56.102 The grantee disputed final decision on March 31, 1992. Its appeal was not successful and the grantee owes EPA $56,102 as stated plus 8.0 percent interest beginning February 27, 1991 through March 31, 1992. Awaiting collection of outstanding debt. 0200009 OMEGA GA 06/29/90 19.436 The grantee appealed this decision on October 3, 1990. A disputes decision letter was issued on September 16, 1992 which reinstated $5,119 to write-offs. Region anticipates taking final action immediately after accounts receivable is collected. 0300008 MONTGOMERY CO SD 2 KY 11/02/89 91.235 The grantee appealed the decision on July 23, 1990. The RA disputes decision letter was issued on October 6, 1992. As a result, the accounts receivable changed from $79,333 to $5,786 with $73,547 being written off. Region has initiated collection of reduced account receivable of $5,786. Final action anticipated by end 1st quarter FY 93. 10 ------- Audit Title Report Better Use Disallowed Number Date Amount Cost Amount 0300020 TAPS NM 01/19/90 0 119.256 The assistance disputes decision issued by regional counsel on December 21, 1991 reduced disallowed costs to $119,256. The grantee paid full amount, but finance took out interest first, leaving Taos with a balance of $15,704. Delinquent notice sent to grantee on September 29, 1992. 0300023 RIEDEL ENVIRONMENTAL SERV OR 02/01/90 0 0 The contract has not been awarded as of September 30, 1992. Negotiations are still pending. Final action is anticipated once contract is awarded. 0300063 VENTURA REG SAN DIST CA 06/20/90 0 788,161 On February 19, 1991, EPA issued a final determination letter that deferred $1,027,068 which is linked to the resolution of the 2/3 rule in the Eastern Municipal District's audit. The Office of Water and the State of California should be able to resolve the acceptability of the 2/3 policy by March 1993. Final action should occur by March 1993. 0300081 LEXINGTON KY 08/15/90 0 27.048 Grantee appealed the decision on January 22, 1991. The RA disputes decision letter was issued on September 14, 1992 which upheld the original decision. Region has initiated collection action, and final action is anticipated by end of 1st quarter FY 93. 0300097 SAN FRANCISCO. C&C HI 09/28/90 0 0 As of October 28, 1992, in lieu of an adjustment to a future payment request, the region's financial management officer has determined that collection of the balance is appropriate. The project is nearly complete and no payment requests have been forwarded since prior to mid-1991. The dunning letter is expected to be issued before the end of December 1992. 0300098 SOUTH BAY MULTI-SITE CA 09/28/90 0 0 The state water resources control board accepted the final determination letter on November 6, 1991. A corrective action plan is being monitored. Chief among these actions is approval of indirect cost rates (ICRs) for FY 86 and FY 87 by the Procurement and Contracts Management Division. Upon approval of the ICRs, the corrective action plan will be complete. Final action is anticipated by March 1993. 0400009 NIAGARA FALLS FOLLOWUP NY 03/22/90 0 0 Region 2 and New York State recently reached agreement on various complex issues related to a judicial consent order on this matter. As a result of these agreements, New York State is planning to issue a proposed permit in the near future which, when finalized, will close the outstanding issues. 0400018 OIL AND GAS WASTES 06/14/90 0 0 Several actions have been completed. Various future corrective actions are scheduled. Final action on last commitment (promulgation of coastal oil and gas effluent guideline) scheduled for 1996 as stipulated in a court order. 11 ------- Audit Number Title Report Date Better Use Amount Disallowed Cost Amount 0400033 EARLY WARNING - COMPOSTING PR 09/18/90 The Puerto Rico Aqueduct Sewer Authority (PRASA) completed design of new structure on October 29, 1992. Demolition of old structure pending contract execution. Construction of new structure scheduled to start in March 1993. PRASA formal request to amend grant project schedule anticipated November 1992. 0400036 COST RECOVERY FOLLOWUP 09/24/90 Most corrective actions for this audit have been executed; however, final action cannot be completed until the pilot projects are implemented. As of September 30, 1992 the pilot has not been implemented due to the need to issue procedures in the Federal Register and the need for interagency agreements. 0500293 TRUST TERR OF THE PAC ISP MP 12/12/89 7.994 The Trust Territory of the Pacific Islands' Office of Transition has been closed because all of the island governments have established their own political associations with the US except Palau. On October 14, 1992, Region 9 FMO approved a write-off and closed the accounts receivable because the debtor agency no longer exists. 0501025 WEST VIRGINIA STATE OF WV 07/13/90 The grantee's implementation of some of the recommendations has been delayed due to the state's ongoing conversion to a new accounting system. Delay also partially caused by reorganization of the state commission. Final action should be completed by August 1, 1993. 0501163 NEBRASKA DEPT OF ENV.COIMTROL 08/28/90 5.628 On September 30, 1992, the RA decision on the disputed costs reaffirmed the management decision. An accounts receivable has been established and collection letters have been sent. Currently awaiting collection action. 1100032 NUS CORPORATION MD 10/22/90 2.792 Because of complex issues involved in this contract, the contracting officer is still working on the close-out of this audit. Final action is anticipated by March 1993. 1100055 ECOLOGY AND ENVIRONMENT NY 11/01/90 259.846 A delay in receiving additional documentation from the contractor supporting questioned costs resulted in final action being delayed. The final settlement was received and final action was taken on October 5, 1992. 1100148 PESTICIDE CONSOLIDATED AUDIT 03/26/91 The slippage in final action from July 1992 to January 1993 was due to delays in finalizing the questionnaire used to collect the data. The formulation of the survey instrument was more complex and took longer than originally planned. Final action is anticipated by January 1993. 12 ------- Audit Title Report Better Use Disallowed Number Date Amount Cost Amount 1100153 IFMS: PROJECT MANAGEMENT 03/29/91 0 0 The corrective action plan was designed to formalize and strengthen the Integrated Financial Management System's project management function. The Agency still needs to promulgate revised guidance regarding the decision process for major system revisions. Final action is anticipated by December 31, 1992. 1100179 CAMP DRESSER AND MCGEE MA 04/18/91 0 37.635 A delay in receiving additional documentation from the contractor supporting questioned costs resulted in final action being delayed. The final settlement was received and final action was taken on October 5, 1992. 1200001 COAL RIVER SPD WVA 10/22/90 0 80,282 The Regional Administrator decision on this appeal was issued on September 29, 1992. The Region has initiated collection action. Final action is anticipated by end of FY 93. 1300013 OHM REM ERCS1 FY 85/86 10/26/90 0 139.082^"" Contracting Officer negotiated costs for January 1985 through September 1988. On September 5, 1992, partial payment had been recovered. Final action is anticipated by December 1992. 1300038 METRO ST LOIS SEWER DISTRICT 02/28/91 0 1.239.757"~" As of September 30, 1992, Region is currently involved in a reconsideration of the Disputes Decision Officer's conclusion. Reconsideration decision is drafted and Region anticipates issuance by November 30,1992. 1300055 SAN FRANCISCO. C&C WST 03/29/91 0 1,538.124"~< As of September 28, 1992, in lieu of an adjustment to a future payment request, the region 9 financial management officer has determined that collection of the balance is appropriate. The project is nearly complete and no payment requests have been forwarded since prior to mid-1991. The dunning letter is expected to be issued before the end of December 1992. 1300058 GARYSD IN 03/29/91 0 104.593""" A consent decree gives grantee until 1994 to comply. The region is referring the accounts receivable to the collections officer for resolution. 1300059 COLUMBUS OH 04/02/91 0 188.634 The grantee was faxed a receivable notice on May 3, 1992, and has not responded. It was referred to headquarters for further collection efforts on September 1992. ; 1400000 EARLY WARNING • COMPOSTING PR 10/17/90 0 0 The Puerto Rico Aqueduct Sewer Authority (PRASA) executed contract for operations in February 1992. Initiation of operations was May 1992. PRASA formal request to amend grant project schedule anticipated November 1992. Project certification scheduled for May 1993. 13 ------- Audit Number Title Report Date Better Use Amount Disallowed Cost Amount 4000836 ENV MGT CORP (UTICA) Ml 03/30/84 110.106 US Attorney's Office is negotiating a repayment plan with Enmanco. Quarterly payments received; expect final action in four years. 7100987 REGION II - VIRGIN IS 09/30/87 Region 2 continues to monitor and provide technical assistance for required corrective actions, including on-site reviews as recent as September 1992. Some progress has been made to correct deficiencies but significant system deficiencies remain and are not expected to be corrected until FY 95. 8000779 ACCOUNTS RECEIVABLE 03/17/88 The accounts receivable task force has in the past and is currently performing accounts receivable reviews at various regions. After review of all the regions, the task force will conduct followup reviews. The expected completion date is June 1993. 9100165 ESPANOLA NM 01/23/89 5.628 Assistance disputes decision issued by regional counsel on June 1, 1992. Revised bill for collection issued to grantee on June 5, 1992. Delinquent notice sent to grantee on September 29, 1992. 9100273 MC MECHEN CITY OF WV 05/08/89 0 60.635 RA decision of June 28, 1991 was appealed to Headquarters. Headquarters denied appeal on June 23, 1992. Account receivable has been reactivated. As of September 30, 1992, the grantee had not paid amount due to EPA. 9100290 KISKI VALLEY WTR POLLUTION PA 05/24/89 86.111 The grantee appealed the final decision letter on October 30,1989. An RA decision on the appeal was issued on September 18, 1992. EPA collected amount due from the grantee on November 6, 1992, completing final action for this audit. 9100375 BOOZ ALLEN & HAMILTON MD 07/19/89 2.110 The contractor has not yet submitted a contract completion form preventing the close out process to begin. Management will decide what steps will be taken to initiate contract close out. Final action is anticipated by March 1993. 9100446 REGION IX HAWAII HI 08/29/89 Corrective action plan target date of September 30, 1992 exceeded due to substantial state budget cuts. State has not been able to recommit to new target date. Based on recent, detailed review of current monitoring program, existing implementation plan is acceptable. 9100467 CHESAPEAKE BAY 09/11/89 EPA's final rule-making package was submitted in March of 1992 to the Office of Management and Budget. Region plans to proceed with publication of toxics rules by December 21, 1992. 14 ------- Audit Number Title Report Date Better Use Amount Disallowed Cost Amount 9300054 CANTON MS 05/24/89 229,654 Grantee appealed decision on September 27, 1989. The RA disputes decision letter was issued on September 29, 1992. Region anticipates taking final action immediately after accounts receivable is collected. 9300060 FT PIERCE UTILITIES AUTH FL 06/14/89 1,445.214 Grantee appealed decision on April 19, 1990. The RA disputes decision letter was issued on September 4, 1992. Region anticipates taking final action immediately after accounts receivable is collected. 9300068 JACKSONVILLE FL 07/14/90 867.867 Grantee appealed decision on April 18, 1990. The RA disputes decision letter was issued on September 24, 1992. $816,326 entered in write offs. Region anticipates taking final action immediately after accounts receivable is collected. 15 ------- AUDITS UNDER APPEAL OR LEGISLATIVE SOLUTION SOUGHT FOR THE SIX-MONTH PERIOD (4/01/92 - 9/30/92) Under Administrative Appeal Under Judicial Appeal Legislative Solution Being Sought 104 0 0 104 16 ------- ------- ------- |