OFFICE OF INSPECTOR GENERAL REVIEW OF FEMA'S ADMINISTRATION OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT FOR FISCAL YEAR 1988 AUDIT REPORT NO. H-04-90 AUDIT REPORT FEDERAL EMERGENCY MANAGEMENT AGENCY JANUARY 1990 DATE ------- TABLE OF CONTENTS Page I. INTRODUCTION AND SCOPE 1 II. BACKGROUND 3 III. RESULTS OF AUDIT A. Program Administration 4 B. Accumulation and Reporting of 4 Program Costs C. Questioned Costs 5 RECOMMENDATIONS 6 IV. SUMMARY AND ANALYSIS OF MANAGEMENT COMMENTS TO 8 THE DRAFT AUDIT REPORT AND CORRECTIVE ACTIONS STILL REQUIRED EXHIBITS A. Schedule of Superfund Expenditures By Site/Account Reported to EPA By FEMA For Fiscal Year 1988 B. Schedule of Expenses Reported Inaccurately By Site/Account to EPA By FEMA For Fiscal Year 1988 ATTACHMENTS A. Response from Office of the Comptroller B. Response from State and Local Programs Support Directorate ------- I. INTRODUCTION AND SCOPE The Office of Inspector General conducted an audit of the Federal Emergency Management Agency's (FEMA) administration of the temporary and permanent relocation program under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980. This Act, commonly referred to as Superfund, requires an annual audit of expenditures incurred by each Federal Agency involved in the administration of program activities. Our audit was made to determine if FEMA had effectively fulfilled its program responsibilities and had expended funds for eligible purposes. The audit covered program and expenditure activities for Fiscal Year (FY) 1988. During this period, FEMA reported expenditures totaling $5.4 million to the Environmental Protection Agency (EPA), the Agency with primary responsibility for Superfund administration. For the same period, $ 9.3 million was authorized for program activities. FEMA spent program funds for temporary and permanent relocation activities at 12 sites selected by EPA. To support program administration, eight interagency agreements were negotiated between EPA and FEMA: seven for planning and training activities, and one for performing the annual audit (See Exhibit A) . We audited $551,595 of the reported $655,998 in temporary and permanent relocation expenses incurred for 10 of 12 sites; and performed a limited review of $878,696 in payroll expenses reported. We also audited $629,045 of the reported $3.8 million in administrative expenses for three of seven planning and training accounts. Included within the $3.8 million were $3.1 million in Title III Training Funds. We did not audit these funds because this was a one-time appropriation not subject to cost recovery actions. We also did not review the $15,386 in costs incurred by our office for performing last years' annual audit. We examined and concurred with the results of the internal control assessments performed by the State and Local Programs and Support Directorate, the FEMA organizational element responsible for the Superfund Program. These assessments, made in November 1987 pursuant to the Office of Management and Budget Circular A- 123, concluded that the susceptibility of the Superfund Program to fraud, waste, and abuse was low. 1 ------- Our audit was performed during the period of February through August 1989 at four FEMA locations; Headquarters, and Regional Offices in Denton, TX, Kansas City, MO, and Denver, CO. Field work was also performed in Jackson, MS at the Mississippi Emergency Management Agency and in St. Louis, MO and Charleston, WV at the offices of the permanent relocation contractor, O.R. Colan Associates. The audit was made in accordance with the "Government Auditing Standards", promulgated by the U.S. Comptroller General. Accordingly, the examination included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. 2 ------- II. BACKGROUND The U.S. Congress passed CERCLA (P.L. 96-510) in 1980 to address the problems associated with hazardous substances. This Act established a Hazardous Substance Response Trust Fund and authorized the Federal Government to respond directly to actual or threatened releases of hazardous substances, pollutants, or contaminants that nay endanger public health or welfare. Specifically, it provides for the establishment of a program to control and cleanup hazardous substances released or left to dissipate into the environment. In conjunction with such actions, the Federal Government also provides temporary or permanent relocation to individuals affected by the hazardous substances. Executive Order Ho. 12316, "Responses to Environmental Damage", assigns responsibility to various Federal agencies for administration of the Act. EPA has primary responsibility for carrying out the program and FEMA has responsibility for administering the temporary and permanent relocation program. FEMA was assigned these activities because of the Agency's previous experience in regulating relocation efforts under the Disaster Assistance Program. 3 ------- III. RESULTS OF AUDIT In summary, we found that FEMA had effectively administered the temporary and permanent relocation components of the Superfund Program and generally spent funds for eligible purposes. However, we found a continuing need for FEMA to improve its procedures for reconciling and reporting program cost. Specifically, financial reports were based on unreconciled data resulting in at least $83,200 in improper charges to Superfund sites and accounts. We also found overpayments under the permanent relocation program resulting in questionable costs of $6,300. A. Program Administration Our review of program administration for FY 1988 indicated that FEMA provided temporary relocation benefits totaling $179,623 to 305 families, at eight sites. These benefits included moving expenses, lodging, and food subsidies. We determined that all the families were eligible for assistance and that the assistance they received was provided expeditiously. We also reviewed permanent relocation expenses totaling $371,972 of the reported $476,375. The reported costs were incurred for the purchase of 36 parcels of contaminated property in Times Beach, MO and for administrative expenses of FEMA Superfund personnel who performed permanent relocation work at the Mill Creek, MT site. We found that, except for the $6,300 in questioned costs addressed undei section C. of this report, the expenses incurred foi property acquisition were eligible under the permanent relocation program. B. Accumulation and Reporting of Program Costs FEMA is required to submit financial reports to EPA monthly on Superfund Program expenses. The reporting of sue) expenses must clearly delineate costs by site ant administrative account. In accounting for Superfund expenditures, FEMA uses tw systems. One system, commonly referred to as the SF-22 tracking system, reflects Superfund disbursements requeste by FEMA from the Department of the Treasury. The othe system reflects the Superfund disbursements recorded in th Agency's Financial Accounting and Reporting System (FARS) Procedurally, an automated match is performed monthly an two reports are generated to identify the difference between the two systems. 4 ------- The Office of the Comptroller should use these reports to reconcile the differences between the two systems for accurate reporting to EPA. However, this procedure was not followed. To illustrate, the SF-224 tracking system report showed total Superfund expenditures of $5.4 million for Fiscal Year 1988. However, the FARS Data Processing Special Report No. 337 showed total Superfund expenditures of $3 million for the same period, a difference of $2.4 million. Instead of reconciling the two expenditure figures, accounting personnel reported to EPA the unreconciled $5.4 million reflected in the SF 224 tracking system. Absent reconciliations, we found based on limited tests, inaccurate charges totaling $60,956 reported by site and administrative account (See Exhibit B). Additionally, we found that an expenditure totaling $22,250 was incorrectly charged to the Superfund Program. This expenditure was charged to Superfund Account No. 9000 but, in fact, was allocable to FEMA's disaster account. Therefore, these charges are questioned. Similar reconciliation problems existed during our last audit of FEMA's administration of the Superfund program. In our last report, Audit Report No. H-02-89, we identified reporting inaccuracies resulting from data entry errors and the failure of the Comptroller's staff to perform periodic reconciliations. Based on this years audit, we found that the reporting inaccuracies were corrected. However, appropriate remedial action was riot taken to address the reconciliation problem which was the underlying cause for the reporting inaccuracies. C. Questioned Costs 0.R. Cclan Associates, the government contractor responsible for administering the permanent relocation program at the Times Beach, MO site, made overpayments totaling $6,300 to the Missouri Title Company for the purchase of parcels of property. Therefore, these charges are questioned. 1. Parcel No. 130 contained five lots at $700 each. A purchase payment of $3,500 was sent to the Missouri Title Company on August 25, 1987 for the five lots. However, only one of the lots cleared title, resulting in an overpayment of $2,800. The Missouri Title Company did not refund this amount to O.R. Colan Associates. 5 ------- The Missouri Title Company in January 1988, billed and received from O.R. Colan Associates a second payment of $2,800 for the remaining four lots of Parcel No. 130. However, at this time only one of the four remaining lots cleared title, resulting in an overpayment of $2,100. The Missouri Title Company again did not refund this amount to O.R. Colan Associates. „ In April 1988, the Missouri Title Company submitted its final bill to O.R. Colan Associates for the remaining three lots of Parcel No. 130, and received a payment of $2,100. This time, title to all three lots cleared. In summary, O.R. Colan Associates paid and charged to the Superfund Account, $8,400 or $4,900 more than the agreed purchase price for Parcel No. 130. Accordingly, the amount overpaid is questioned. 2. Parcel No. 318 contained four lots at $700 each. A purchase payment of $2,800 was sent to the Missouri Title Company on August 25, 1987 for four lots. However, only two of the lots cleared title, resulting in an overpayment of $1,400. The Missouri Title Company did not refund this amount to O.R. Colan Associates. In April 1988, the Missouri Title Company submitted its final bill for the remaining two lots of Parcel No. 318 and received payment of $1,400. This time, title to the remaining two lots cleared. In summary, O.R. Colan Associates paid and charged to the Superfund Account, $4,200 or $1,400 more than the agreed purchase price for Parcel No. 318. Accordingly, the amount overpaid is questioned. RECOMMENDATIONS In view of the above conditions, we recommend that the: 1. Office of the Comptroller reconcile the recorded $2.4 million difference between the costs reported to EPA ($5.4 million), and the amount recorded in the Agency's Financial Accounting and Reporting System ($3.0 million), for FY 1988 Superfund expenditures. This reconciliation should reflect all necessary adjustments including the $60,956 in inaccurate charges by site and account, and the $22,250 incorrectly charged to the Superfund Program; 6 ------- 2. Office of the Comptroller perform monthly reconciliations ol Superfund costs included on the Treasury Reports ol Disbursements (SF 224) and the FEMA Data Processing Special Reports No.337; and 3. State and Local Programs Support Directorate instructs O.R. Colan Associates to recoup the $6,300 in total overpayments to the Missouri Title Company and to credit the Times Beach Missouri site accordingly. 7 ------- IV. A SUMMARY AND ANALYSIS OF MAKAgEMEHT COMMENTS TO THE DRAFT AUDIT REPORT AMD CORRECTIVE ACTIONS STILL REQUIRED The results of our audit were discussed in October 1989 with key officials of the State and Local Programs and Support (SLPS) Directorate and the Office of the Comptroller. We also provided the Associate Director of SLPS and the Comptroller with a draft audit report and requested written comments on the findings and recommendations contained therein. The entire text of their comments is attached to this report. In general, both officials agreed with the findings and recommendations and identified actions taken or proposed to correct reported problems. The following summarizes the comments received, our analyses of actions taken or proposed, and action still required to satisfy the audit recommendation. Office of the Comptroller's Response to wprcHmn*»ndation Winner i and 2 and Our Evaluation The Comptroller concurred with our recommendation and indicated that corrective action would be taken. The response indicated, however, that reconciliations of Superfund expenditures for FYs 1988 and 1989 would not be performed until site close out. For FY 1990, the Comptroller stated that monthly reconciliations would be performed as necessary to ensure accuracy in the monthly reporting of Superfund costs to EPA. The Comptroller also indicated that adjustments have been made to correct the $60,956 in inaccurate charges by site and account, and the §22,250 incorrectly charged to the Superfund Program. Based on the Comptroller's response, the OIG considers both recommendations resolved and Recommendation Number 2 closed. However, Recommendation Number 1 cannot be closed until the required reconciliation of program costs for FYs 1988 and 1989 is completed. State and Local Prcyf*™^ ^nd Support Directorate's Response to PArr>mm**ndation wirmhpr (3) and Our Evaluation The Associate Director concurred with our recommendation and indicated that the contractor has been informed of the multiple charges and has contacted the Missouri Title Company concerning the $6,300 overpayment. Based on this response, the OIG considers the recommendation resolved. However, it cannot be closed until the overpayment has been collected and credited to the appropriate site. 8 ------- SCHEDULE OF SUPERFUND EXPENDITURES BT SITE/ACCOUNT REPORTED TO EPA BY FEMA FOR FISCAL TEAR 1988 EXHIBIT t TEMPORARY ANO PERMANENT RELOCATION SITE NO. SITE LOCATION EXPENDITURES 3300/3400 TIMES BEACH, MISSOURI - PERMANENT $474,566.82 <1) 9006 QUAIL RUN, MISSOURI SI,899.80 (1) 9008 PIAZZA ROAD, MISSOURI 11,484.00 (1) 9027 MILL CREEK, MONTANA - TEMPORARY S15.824.19 (1) 9030 MILL CREEK, MONTANA * PERMANENT S1,808.45 (1) 9031 ARNOLD, MISSOURI S2.183.74 (1) 9033 CASTLEUOOO, MISSOURI $8,171.77 (1) 9039 LIBERTY, TEXAS 121,854.45 (1) 9041 CCNROE, TEXAS S31.354.14 (1) 9043 SPRINGFIELD, VERMONT <$155.85) 9045 NEWSOM BROTHERS - COLUMBIA, MISSISSIPPI S96.850.92 (1) 9046 SIGNO TRADING,NEU YORK - PERMANENT $73,398.59 S729.241.C2 PLANNING ANO TRAINING ACCOUNTS ACCCXJKT NO. ACCOUNT DESCRIPTION EXPENDITURES 9000 PLANNING AGREEMENT - HEADQUARTERS $41,567.95 (1) 9033 PLANNING AGREEMENT - NETC $247,798.35 <1J 5034 PLANNING AGREEMENT - NTH *339,678.39 (1) 9042 PLANNING AGREEMENT - REGION 1 $350.00 9044 TITLE III TRAINING FUNDS $3,136,689.58 9045 PLANNING AGREEKcNT - REGION I $76.65 9051 PLANNING AGREEMENT • REGION U $1,013.25 $3,767,174.17 OTHER ADMINISTRATIVE EXPENSES 9046 EPA/FEMA IG S15.3U.6S PAYROLL EXPENSES $878.696.10 (2) $894,082.78 TOTAL S5.390.497.97 C83SMS«IStt8S«9S35! (1) SITE ANO PLANNING ACCOUNTS REVIEWED DURING AUDIT. (2) PAYROLL REPORTED IN TOTAL FOR ALL SUPERFUNO SITES/ACCOUNTS AT END OF FY 19BB. RECONCtLLED AND REPORTED BY SITE/ACCOUNT TO EPA IN AUGUST 1989. ------- CHARGED IM ERROR APPROPRIATE CHARGE SITE/ACCOUNT MO. 9045 9045 9041 3300/3400 SCHEDULE 80H014 8HN013 T88056 H02774 AMOUNT $50,000.00 $10,000.00 $794.00 $162.54 SITE/ACCOUNT NO. 9044 9044 9034 9034 AMOUNT $50,000.00 $10,000.00 $794.00 $162.54 TOTALS $60,956.54 ------- federal Emergency Management Agency Washington, D.C. 20472 DEC I 4 I9S2 MEMORANDUM FOR: Gary J. Barard Assistant Inspector General for Audit Office of Inspe SUBJECT: FROM: P •/George H. Or re > Comptroller Draft Report - F lA's Administration of the Comprehensive Environmental Response, Compensation and Liability Act For Fiscal Year 1988. We have completed our evaluation of the above mentioned report that was transmitted to me by memorandum, dated October 30, 1989. Attached are our comments to the "draft" report. Vie appreciate the opportunity to respond to the "draft" report. V.'e urge your office to consider our comments in the "final" report. If you have any questions or require additional information, please contact Jim Lucas on 646-4398. Attachments ------- Comments To Draft Report - Review of FEMA's Administrative Environmental Response, Compensation and Liability Act For Fiscal Year 1988 Listed below are the Office of the Comptroller's comments to the draft review report that was dated October 1989. o Nowhere in the report does it mention Office of Inspector General review reports from prior years and the progress made by the Accounting Division in administering the Superfund account. In the exit conference, your staff praised the Accounting Division staff for the progress made in financial management of the Superfund. Your report is completely silent on this issue. An audit report can document positive actions, not just the deficiencies. No mention is made that the findings from the review of the 1987 report had all been resolved. The Office of the Comptroller should be given credit for resolving findings. o Ke take exception to the comment on page 3, first paragraph, which states in part, "...we found a continuing need for FEMA to improve its procedures for reconciling and reporting program cost." This statement is misleading and a reader of the report could come to a wrong conclusion. In the audit report for FY 19B7, you recommended that the Accounting Division reconcile FEMA's accounting records for Superfund expenses to Treasury's report of disbursements. During FY 1989 the Accounting Division performed this reconciliation not only for FY 87 and FY 88, but also for FY 89 on a monthly basis. The way the first paragraph is written would mislead a reader of the report to conclude that the FY 193 7 recorr.r.endation was still outstanding. We feel that this represents significant progress and should be r.ade a part of tr.is audi; report. oo The reconciliation that is suggested by the report involves reconciling two internal subsidiary systems. The report suggests that this reconciliation be performed on a monthly basis. This reconciliation is presently performed by the Accounting Division at the close out of the site. Adjustments are made to the appropriate system at that time. The report should state that the reconciliation should be performed on a monthly basis instead of at the time of the site close out. This statement would indicate that a reconciliation is being performed. o The condition reported in the second paragraph on page 4 is in error. Journal vouchers (10E005 and 10E006) were prepared and processed on 11/3/89 for charges totalling $60,956.52. The difference of $334.00 was processed correctly and requires ------- no adjustment. (See the attachment, Audit Report '88 Program Adjustments.) The report should state that this condition has been corrected by the Accounting Division. The condition reported in the third paragraph on page 4 has been corrected. The Accounting Division was aware of this condition prior to the review and made the correction for $22,250 on journal voucher 9058 as shown in the attachment, Audit Report '88 Program Adjustments. This correction was made on September 6, 1989. The last paragraph under part 2, page 4 of the report is misleading. This paragraph implies that the reconciliation between FEMA subsidiary records is the same as reconciling FEMA records to the Treasury records as reported in last year's report, when they are not. Additionally, as previously mentioned, the reconciliation of the subsidiary systems occurs at the tine of site close out, however, the report suggests that this should be performed monthly. Finally, the reconciliation between FEMA records and the Treasury records does occur, however, this is not mentioned in th3 report. V.'e agree with the recommendation 1, on page 6, however, the second sentence of that paragraph has been resolved and does net need to be included as a recommendation. Effective with FY 90, procedures will be changed to perform the reconciliation on a monthly basis as you suggest. As time and resources are available, we will perform the same monthly reccnciliations for FY 88 and FY 89. However, as a minimum, tr.e FY 8: ana FY 89 reccnciliations will be performed at the tir.i c: the site close out in accordance v.itr. present procedures. Page 7 titled, "Exhibit A" has several errors. The errors involve account numbers under PLANNING AND TRAINING ACCOUNTS. The changes should be as follows: oo Account 9048 should be 9049; oo Account 9049 should be 9051; and, oo Account 9051 should be 9048. Page 8, titled, "Exhibit B" has two errors. Schedule number 80H018 should be 80H014. The SITE/ACCOUNT NO. 3300 should instead be 3400. ------- fBl Federal Emergency Management Agency Washington, D.C. 20472 DEC IS 1989. MEMORANDUM FOR: Gary J. Barard Assistant Inspector General for Audit Office of Inspector General *? / / ) ¦ ' ¦" ' t aft/1 1 ¦yyyy^r'i FROM: -^.-Gr^nt C. Peterson 'Associate Director State and local Programs and Support Directorate SUBJECT: Draft Report - Review of FEMA's Administration of the Comprehensive Environmental Response, Comprehensive Liability Act For Fiscal Year 1988 This responds to your memo to me dated, October 30, 1989, subject as cited above. We concur vith your findings relating to our contractor, 0. R. Colan Associates, paying multiple charges to the Missouri Title Company against the Superfund Program for the same items of costs in the Times Beach, Missouri permanent relocation project. The contractor has been apprised of these multiple charges and has contacted Missouri Title concerning repayment. Missouri Title is to repay upon receipt of data fror. our contractor. The data is tc be provided to Missouri Title the first v£=--. ir. December. Or.ce repayments are collected, the contractor v.-ill credit the Tir.es Beach Missouri site. We will notify you when the repayments have been collected and the site credited. ------- |