Final Report - Interim Audit Update - Audit of American Samoa's Uses of Coronavirus Relief Fund Payment - Redacted
- Issuer
- Office of Inspector General
- Document type
- Memorandum
- Date
- 2023-09-12
Summary
A memorandum of September 12, 2023 from the Assistant Inspector General for Audit of the Department of the Treasury Office of Inspector General to the Acting Chief Recovery Officer, giving an interim update on the audit of American Samoa's uses of its Coronavirus Relief Fund payment (OIG-23-031). It states that the audit, begun July 31, 2020, assesses whether the American Samoa Government used CRF proceeds in accordance with subsection 601(d) of the Social Security Act, as amended (42 U.S.C. 801(d)), and covers the April 21, 2020 payment of $35,173,620 through March 31, 2021. The update reports on $1.5 million of CRF proceeds used to buy the MV Pago Pago vessel and barge, and treats that amount as a questioned cost as not a necessary expenditure. It records that territorial management agreed to repay and that Treasury had received $1 million as of September 7, 2023.
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DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220
September 12, 2023
OFFICE OF
INSPECTOR GENERAL
MEMORANDUM FOR JESSICA MILANO
ACTING CHIEF RECOVERY OFFICER
FROM: Deborah L. Harker /s/
Assistant Inspector General for Audit
SUBJECT: Interim Audit Update ─ Audit of American Samoa’s Uses of
Coronavirus Relief Fund Payment (OIG-23-031)
On July 31, 2020, we initiated an audit of American Samoa’s use of Coronavirus
Relief Fund (CRF) proceeds under Title VI of the Social Security Act, as amended
by Title V, Division A of the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act). 1,2 The objective of our audit is to assess whether the American
Samoa Government (ASG) used CRF proceeds in accordance with subsection
601(d) of the Social Security Act, as amended (42 U.S.C. 801(d)); and the
Department of the Treasury’s (Treasury) Coronavirus Relief Guidance for State,
Territorial, Local, and Tribal Governments (Guidance) and Coronavirus Relief Fund
Frequently Asked Questions (FAQ). 3 The scope of our audit includes uses of all
CRF proceeds from the date of payment on April 21, 2020, through March 31,
2021. This interim update is to report on ASG’s use of $1.5 million of CRF
proceeds to purchase the MV Pago Pago vessel and related barge (collectively
referred as the MV Pago Pago).
As part of our audit work to date, we reviewed applicable laws, regulations, and
guidance including: (1) the CARES Act; (2) the Consolidated Appropriations Act,
2021 (CAA, 2021); 4 and (3) Treasury’s Guidance and Frequently Asked Questions
(FAQs). As it pertains to the use of CRF proceeds for the MV Pago Pago purchase,
1
P. L. 116-136 (March 27, 2020).
2
The CARES Act assigned the Department of the Treasury (Treasury) Office of Inspector General
(OIG) with the responsibility to conduct monitoring and oversight of the receipt, disbursement,
and use of CRF payments.
3
The Guidance and FAQs were published in the Federal Register, Volume 86, No. 10 (January 15,
2021).
4
P. L. 116-260 (December 27, 2020) amended the CARES Act by extending the covered period
for recipients of CRF payments to use proceeds through December 31, 2021.
1
we reviewed the following documentation: (1) ASG’s responses to our inquiries
regarding the purchase of the MV Pago Pago (responses dated March 2, 2021,
March 16, 2021, April 16, 2021, December 5, 2021, and May 19, 2022); (2)
“COVID-19 Expenditure Request Form” (COVID-19 ERF) and the supporting
voucher package used by ASG departments to request approval for an expenditure
to be covered with CRF proceeds; (3) documents related to the MV Manu’atele
vessel repair to include the “Grant and Cooperative Agreement” with the
Department of the Interior, contracts with vendors, and related invoices; (4) check
images for each of ASG’s three payments, totaling $1.5 million, for the purchase of
the MV Pago Pago; (5) the “American Samoa Government: Executive Summary
Final Budget Fiscal Year 2020” from the accounting system (dated August 21,
2019) covering the period of October 1, 2019 through September 30, 2020; (6)
the external appraisal of the MV Pago Pago vessel (August 2020); (7) the bill of
sale between the seller and ASG for the MV Pago Pago purchase; and (8) ASG’s
responses, dated April 16, 2021 and March 8, 2022, to our inquiries regarding the
status of repairs to the MV Manu’atele vessel. We also interviewed key ASG
personnel responsible for administering ASG’s CRF payments. 5
Based on our audit work to date, and due to the importance of transparency and
accountability surrounding the use of CRF, we are sharing our initial finding and
recommendation in this interim report prior to completion of all audit work related
to our overall audit objective. Our work continues related to the audit of ASG’s use
of CRF proceeds.
Background
CARES Act
Title VI of the Social Security Act, as amended by Title V of the CARES Act (42
U.S.C. 801(d)), established the CRF and appropriated $150 billion for States, Tribal
governments, the District of Columbia, U.S. territories, and qualifying units of local
government. The CARES Act allocated $3 billion of the $150 billion for the District
of Columbia and U.S. Territories. Payments were distributed based on the 2019
5
We attempted to interview former COVID-19 Task Force members responsible for reviewing and
approving the MV Pago Pago purchase. However, they moved off island and could not be located
to answer our inquiries.
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 2
population data from the U.S. Census Bureau 6 and formulas stipulated in the
CARES Act. Treasury was required to issue CRF payments no later than 30 days
after the enactment (i.e. by April 27, 2020). Subsection 601(d) of the Social
Security Act, as amended (42 U.S.C. 801(d)), requires that CRF proceeds be used
to cover only those costs that: (1) are necessary expenditures incurred due to the
public health emergency with respect to COVID-19, (2) were not accounted for in
the budget most recently approved as of March 27, 2020, and (3) were incurred
during the period that begins on March 1, 2020, and ends on December 31, 2021, 7
as extended by CAA, 2021.
Treasury issued initial CRF Guidance and FAQs on April 22, 2020, which were
updated on September 2, 2020, and on October 19, 2020, respectively. The
Guidance and FAQs were published together in the Federal Register on
January 15, 2021.
American Samoa
American Samoa, a U.S. Territory, received a CRF payment of $35,173,620 on
April 21, 2020. In response to the COVID-19 public health emergency, the
Governor in place at that time (former Governor) developed the COVID-19 Task
Force on March 10, 2020, which includes heads of different ASG departments and
agencies including, but not limited to, the Department of Health, the Department of
Education, and the Director of the Veterans Affairs Clinic. On January 3, 2021,
new members were assigned to the COVID-19 Task Force by the newly elected
Governor’s administration. Prior to January 13, 2021, when an ASG department
requested use of CRF proceeds, the department/agency/office was required to
submit the COVID-19 ERF including a description and justification for expenditures.
The COVID-19 ERF would be reviewed and signed by former officials to include the
COVID-19 Task Force Chairman, the Territorial Coordinating Officer, the Treasurer,
as well as the former Governor. After January 13, 2021, ASG’s review/approval
process for use of CRF changed and the COVID-19 ERF was replaced by the
Emergency Operations Center Request Form, which is prepared by the
department/agency/office and requires only two signed approvals from the
Territorial Coordinating Officer and the Governor’s Authorized Representative.
6
Treasury used data from the U.S. Census Bureau’s International Programs for determining the
population of American Samoa.
7
The CARES Act initially allowed recipients of Coronavirus Relief Fund proceeds to cover costs
and expenditures that were incurred between March 1, 2020 and December 30, 2020.
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 3
Additionally, the COVID-19 Compliance Review Committee (CRC), created under
the former Governor, was charged with ensuring that every COVID-19 expenditure
was justified and complied with the grant’s terms and conditions.
MV Pago Pago
The former COVID-19 Task Force Chairman approved and signed the COVID-19
ERF for the $1.5 million purchase of the MV Pago Pago on September 18, 2020.
The former Treasurer approved and signed the form on October 6, 2020, and the
former Governor approved and signed it but did not date his signature. The first
payment for the MV Pago Pago was on September 17, 2020, which was prior to
the COVID-19 Task Force Chairman’s COVID-19 ERF signed approval on
September 18, 2020. ASG subsequently made the second and third payments on
October 7, 2020, and October 28, 2020, respectively. From April to May 2020,
prior to the purchase of the MV Pago Pago in September 2020, ASG leased the
vessel from the seller as substitute transportation for supplies and goods while one
of ASG’s other vessels, the MV Manu’atele, was being repaired. The MV
Manu’atele was used for transportation of supplies, goods, and passengers;
whereas, the MV Pago Pago was used to transport goods and supplies only. The
MV Pago Pago was not certified for passenger transport.
Interim Audit Results
We determined that ASG’s use of $1.5 million of CRF proceeds to purchase the
MV Pago Pago occurred within the covered period (March 1, 2020 through
December 31, 2021) and was not previously budgeted as of March 27, 2020, but
ASG officials were unable to justify the use of CRF proceeds as necessary in
response to the COVID-19 public health emergency. As a result, we question the
$1.5 million of CRF proceeds used for the purchase of the MV Pago Pago vessel in
violation of subsection 601(d) of the Social Security Act, as amended (42 U.S.C.
801(d)), as well as, Treasury’s Guidance and FAQs, as described in the following
finding.
Finding: ASG’s Purchase of the MV Pago Pago Was Not Necessary in
Response to the COVID-19 Public Health Emergency
ASG’s purchase of the MV Pago Pago did not comply with the use of funds
requirements under subsection 601(d) of the Social Security Act, as amended (42
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 4
U.S.C. 801(d)) and Treasury’s Guidance and FAQs as the vessel was not a
necessary expenditure in response to the COVID-19 public health emergency.
Between April and May 2020 (prior to the first payment for the MV Pago Pago on
September 17, 2020), ASG leased the MV Pago Pago from the seller using non-
CRF proceeds while the MV Manu’atele vessel (used for passenger, supplies, and
goods transport) was being repaired. At the time of the MV Pago Pago purchase,
the MV Manu’atele vessel was still being repaired. However, ASG also owned
other marine vessels, to include the MV Sili, Segaula, and the Uila Ole Sami utility
vessel, that were used as alternative vessels for travel and as public
transportation. 8 The MV Pago Pago was not certified for passenger transport.
Furthermore, the seller’s proposal to the American Samoa Department of Public
Safety for Maritime Patrol (dated June 25, 2020) cited uses of the MV Pago Pago
that were non-COVID-19 related activities to include: (1) maritime search and
rescue; (2) marine patrol and marine sanctuary; (3) illegal, unreported, and
unregulated fishing monitoring; and (4) drug surveillance.
The COVID-19 CRC reviewed the MV Pago Pago purchase on December 24, 2020,
and identified the purchase as a questioned cost in its documentation. Specifically,
the COVID-19 CRC concluded that there was no justification for the purchase, no
assessment of the MV Pago Pago’s current value, and the purchase was not
COVID-19 related. Additionally, the COVID-19 CRC recommended that other
options be considered, such as leasing the vessel to transport needed medical
supplies to American Samoa.
According to subsection 601(d) of the Social Security Act, as amended (42 U.S.C.
801(d)), CRF proceeds must be used to cover costs and expenditures that:
• Are necessary expenditures incurred due to the public health emergency with
respect to COVID-19;
• Were not accounted for in the budget most recently approved as of
March 27, 2020; and
• Were incurred between March 1, 2020, and December 31, 2021, as
extended by CAA, 2021.
Treasury clarifies in its Guidance:
8
The MV Sili was later determined to be unsafe.
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 5
“The requirement that expenditures be incurred “due to” the public health
emergency means that expenditures must be used for actions taken to
respond to the public health emergency. These may include expenditures
incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health
needs, as well as expenditures incurred to respond to second-order effects of
the emergency, such as by providing economic support to those suffering
from employment or business interruptions due to COVID-19-related
business closures.”
Additionally, Treasury’s FAQ A.58 addresses purchase of equipment as follows:
May payments from the Fund be used for real property acquisition and
improvements and to purchase equipment to address the COVID-19 public
health emergency?
“…as with all uses of payments from the Fund, the use of payments to
acquire or improve property is limited to that which is necessary due to the
COVID-19 public health emergency. In the context of acquisitions of real
estate and acquisitions of equipment, this means that the acquisition itself
must be necessary. In particular, a government must (i) determine that it is
not able to meet the need arising from the public health emergency in a cost-
effective manner by leasing property or equipment or by improving property
already owned and (ii) maintain documentation to support this
determination.”
When we inquired as to how the purchase was necessary in response to the
COVID-19 public health emergency, current ASG officials could not explain. They
were also unsure whether the former COVID-19 Task Force members considered
cost effective alternatives such as using and/or improving vessels already owned or
leased prior to the MV Pago Pago purchase. Furthermore, the former COVID-19
Task Force members moved off island and could not be located to answer our
inquiries.
Accordingly, we concluded that ASG used CRF proceeds for unallowable
expenditures in violation of subsection 601(d) of the Social Security Act, as
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 6
amended (42 U.S.C. 801(d)), as well as Treasury’s Guidance and FAQs. 9 As such,
we question ASG’s use of $1.5 million of CRF proceeds for the MV Pago Pago
purchase. See appendix 1 for the definition and schedule of questioned cost.
Treasury Office of Inspector General (OIG) Recommendation
1. We recommend that the Chief of the Treasury Office of Recovery Programs
works with the OIG to ensure that the ASG Treasurer returns to Treasury the
$1.5 million of CRF proceeds that were used to purchase the MV Pago Pago
in violation of subsection 601(d) of the Social Security Act, as amended (42
U.S.C. 801(d)), as well as Treasury’s Guidance and FAQs. To the extent
funds are not returned, Treasury OIG will seek recoupment under its
authority assigned by the CARES Act.
ASG Management’s Response
As part of our reporting process, we provided ASG management an
opportunity to comment on a draft of this report. In a written response, ASG
management stated they understood the finding and agreed to pay back the
$1.5 million of CRF proceeds that were used to purchase the MV Pago Pago.
ASG management’s response, in its entirety, is included as appendix 2.
Treasury Management’s Response
Treasury management concurred with our recommendation and agreed that
ASG should return the $1.5 million in CRF award funds to Treasury.
Management stated they coordinated a repayment plan with ASG and have
received $1 million as of September 7, 2023. Management also stated they
will continue to work with ASG to ensure repayments are submitted in a
timely manner. Treasury management’s response, in its entirety, is included
as appendix 3.
Treasury OIG Comment
Treasury management’s planned corrective actions meet the intent of our
recommendation. Management will need to record an estimated completion
9
Based on ASG’s final submission of the OIG Financial Progress Report in the grant reporting
system as of September 30, 2022, the MV Pago Pago purchase was still a reported expenditure.
Furthermore, ASG had obligated and expended all CRF proceeds and completed its CRF reporting
requirement.
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 7
date for these actions in Treasury’s Joint Audit Management Enterprise
System (JAMES).
*****
We conducted this performance audit in accordance with generally accepted
government auditing standards. Those standards require that we plan and perform
the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for
our findings and conclusions based on our audit objective. We believe the evidence
obtained provides a reasonable basis for our findings and conclusions based on our
audit objective.
As part of our audit, we reviewed Government Accountability Office’s (GAO)
Standards for Internal Control in the Federal Government 10 to assess internal
control and compliance with laws and regulations necessary to satisfy the audit
objective. In particular, we determined that the internal control components:
Control Environment, Risk Assessment, Control Activities, and Information and
Communication 11 were significant to the audit objective. However, our review of
the internal control components and underlying principles at the time of this letter
may not have disclosed all internal control deficiencies that may have existed.
Additionally, we performed data reliability procedures with respect to the systems
and documents related to the MV Pago Pago purchase in accordance with GAO’s
Assessing Data Reliability guidance and reconciled ASG’s payment listing template
(illustrates CRF expenditures by transaction) to its certified Cycle 4, OIG Financial
Progress Report, Revision #1 (reflecting cumulative use of CRF expenditures
through March 31, 2021). We reviewed and matched the following supporting
documents within the MV Pago Pago voucher package to each other to determine
completeness and accuracy: (1) the seller’s invoices, (2) Accounts Payable
vouchers, (3) the COVID-19 ERF, (4) the seller’s “Intent to Sell” letter, (5) the
International Tonnage Certificate, (6) the seller’s proposal to American Samoa
Department of Public Safety for Maritime Patrol dated June 25, 2020, (7) and
10
GAO-14-704G (September 2014).
11
The underlying principles related to internal control components that were significant to the audit
objective include (1) Establish Structure, Responsibility, and Authority; (2) Demonstrate
Commitment to Competence; (3) Define Objectives and Risk Tolerances; (4) Identify, Analyze,
and Respond to Risks; (5) Assess Fraud Risk; (6) Identify, Analyze, and Respond to Change; (7)
Design Control Activities; (8) Implement Control Activities; (9) Use Quality Information; (10)
Communicate Internally; and (11) Communicate Externally.
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 8
check images illustrating three separate payments. We noted no concerns over the
completeness and accuracy of data related to the MV Pago Pago purchase.
We appreciate the courtesies and cooperation provided by your staff. If you have
any questions or require further information, please contact me at (202) 486-1420,
or a member of your staff may contact Lisa DeAngelis, Deputy Assistant Inspector
General for Audit, at (202) 487-8371.
cc: American Samoa Government
Treasurer
Chief of Staff
Chief Accountant
Department of the Treasury
Treasury Secretary
Deputy Secretary
Chief Compliance and Finance Officer, Office of Recovery Programs
Treasury Audit Liaison
Office of Strategic Planning and Performance Improvement
Office of the Deputy Chief Financial Officer, Risk and Control Group
Office of Management and Budget
OIG Budget Examiner
United States Senate
Committee on Homeland Security and Government Affairs
Committee on Finance
Committee on Banking, Housing, and Urban Affairs
Committee on Appropriations
Committee on the Budget
Committee on Energy and Natural Resources
United States House of Representatives
Committee on Oversight and Accountability
Committee on Financial Services
Committee on Appropriations
Committee on the Budget
Committee on Natural Resources
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 9
Appendix 1: Schedule of Questioned Cost
A questioned cost is a cost that is questioned by the auditor because of an
audit finding: (1) which resulted from an alleged violation or possible
violation of a provision of a law, regulation, contract, grant, cooperative
agreement, or other agreement or document governing the use of Federal
funds, including funds used to match Federal funds; (2) where the costs, at
the time of the audit, are not supported by adequate documentation; or (3)
where the costs incurred appear unreasonable and do not reflect the actions
a prudent person would take in the circumstances. 12 Questioned costs will
also be included in the next Office of Inspector General Semiannual Report to
Congress.
Recommendation Number Questioned Cost
Recommendation 1 $1,500,000
The questioned cost relates to the use of CRF proceeds for an unallowable
expenditure in violation of subsection 601(d) of the Social Security Act, as
amended (42 U.S.C. 801(d)), as well as Treasury’s Guidance and FAQ. As
discussed in this report, ASG used CRF proceeds for the purchase of the MV
Pago Pago that was not a necessary expenditure due to the COVID-19
pandemic health emergency.
12
23 2 CFR § 200.84 – Questioned Cost
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 10
Appendix 2: ASG Management Response
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 11
Appendix 3: Treasury Management Response
Interim Audit Update ─ Audit of American Samoa’s Uses of Coronavirus Relief Fund Payment
(OIG-23-031) 12
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