TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

 

 

Independent Attestation Review of the Internal Revenue Service’s Fiscal Year 2012 Annual Accounting of Drug Control Funds and Related Performance

 

 

 

January 25, 2013

 

Reference Number:  2013-10-019

 

 

This report has cleared the Treasury Inspector General for Tax Administration disclosure review process and information determined to be restricted from public release has been redacted from this document.

 

Phone Number  /  202-622-6500

E-mail Address /  TIGTACommunications@tigta.treas.gov

Website           /  http://www.treasury.gov/tigta

 

 

HIGHLIGHTS

INDEPENDENT ATTESTATION REVIEW OF THE INTERNAL REVENUE SERVICE’S FISCAL YEAR 2012 ANNUAL ACCOUNTING OF DRUG CONTROL FUNDS AND RELATED PERFORMANCE

Highlights

Final Report issued on January 25, 2013

Highlights of Reference Number:  2013-10-019 to the Internal Revenue Service Chief Financial Officer and Chief, Criminal Investigation.

IMPACT ON TAXPAYERS

TIGTA reviewed the assertions in the IRS’s Office of National Drug Control Policy (ONDCP) Detailed Accounting Submission and Performance Summary Report for Fiscal Year 2012.  IRS management is responsible for preparing the report.

Based on our review, nothing came to our attention that caused us to believe that the assertions in the Detailed Accounting Submission and Performance Summary Report are not fairly presented in all material respects in accordance with ONDCP-established criteria.  Complete and reliable financial and performance information is critical to the IRS’s ability to accurately report on the results of its operations to both internal and external stakeholders, including taxpayers.

WHY TIGTA DID THE AUDIT

This review was conducted as required by the ONDCP and the ONDCP Circular:  Drug Control Accounting, dated May 1, 2007.  The National Drug Control Program agencies are required to submit to the Director of the ONDCP, not later than February 1 of each year, a detailed accounting of all funds expended (the ONDCP Circular requires amounts obligated) during the previous fiscal year.  Agencies also need to identify and document performance measure(s) that justify the results associated with these expenditures.

The Chief Financial Officer, or another accountable senior level executive, of each agency for which a Detailed Accounting Submission is required, shall provide a Performance Summary Report to the Director of the ONDCP.  Further, the Circular requires that each report be provided to the agency’s Inspector General for the purpose of expressing a conclusion about the reliability of each assertion made in the report prior to its submission.

WHAT TIGTA FOUND

Based on our review, nothing came to our attention that caused us to believe that the assertions in the Detailed Accounting Submission and Performance Summary Report are not fairly presented in all material respects in accordance with ONDCP-established criteria.

WHAT TIGTA RECOMMENDED

TIGTA made no recommendations as a result of the work performed during this review.  However, key IRS officials reviewed this report prior to its issuance and agreed with the facts and conclusions presented.

 

January 25, 2013

 

 

MEMORANDUM FOR CHIEF FINANCIAL OFFICER

                                         CHIEF, CRIMINAL INVESTIGATION

 

FROM:                       Michael E. McKenney /s/ Michael E. McKenney

                                  Acting Deputy Inspector General for Audit

 

SUBJECT:                  Final Audit Report – Independent Attestation Review of the Internal Revenue Service’s Fiscal Year 2012 Annual Accounting of Drug Control Funds and Related Performance (Audit # 201210030)

 

This report presents the results of our attestation review of the Internal Revenue Service’s Fiscal Year 2012 Office of National Drug Control Policy Detailed Accounting Submission and Performance Summary Report (the Report).  The overall objective of this review was to express a conclusion about the reliability of each assertion made in the Report.  This review is included in our Fiscal Year 2013 Annual Audit Plan and addresses the major management challenge of Achieving Program Efficiencies and Cost Savings.

The Treasury Inspector General for Tax Administration made no recommendations as a result of the work performed during this review.  However, key Internal Revenue Service officials reviewed this report prior to its issuance and agreed with the facts and conclusions presented.

Copies of this report are also being sent to the Internal Revenue Service managers affected by the report results.   If you have any questions, please contact me or Gregory D. Kutz, Assistant Inspector General for Audit (Management Services and Exempt Organizations).

 

 

Table of Contents

 

Background

Results of Review

Summary of the Independent Attestation Review of the Fiscal Year 2012 Office of National Drug Control Policy Detailed Accounting Submission and Performance Summary Report

Appendices

Appendix I – Detailed Objective, Scope, and Methodology

Appendix II – Major Contributors to This Report

Appendix III – Report Distribution List

Appendix IV – Internal Revenue Service’s Fiscal Year 2012 Detailed Accounting Submission and Related Performance Summary Report

 

 

Abbreviations

 

FY

IRS

ONDCP

Fiscal Year

Internal Revenue Service

Office of National Drug Control Policy

 

 

Background

 

National Drug Control Program agencies are required to submit to the Director of the ONDCP, not later than February 1 of each year, a detailed accounting of all funds expended during the previous fiscal year.

The Anti-Drug Abuse Act of 1988[1] establishes as a policy goal the creation of a drug-free America.  A key provision of the Act is the establishment of the Office of National Drug Control Policy (ONDCP) to set priorities, implement a national strategy, and certify Federal Government drug control budgets.  The Internal Revenue Service (IRS) supports the National Drug Control Strategy through its continued support of the Organized Crime Drug Enforcement Task Force.  The mission of Criminal Investigation in Federal law enforcement’s anti-drug efforts is to reduce or eliminate the financial gains (profits) of major narcotics trafficking and money laundering organizations through the use of its unique financial investigative expertise and statutory jurisdiction.

This review was conducted as required by the ONDCP and the ONDCP Circular:  Drug Control Accounting, dated May 1, 2007.  The National Drug Control Program agencies[2] are required to submit to the Director of the ONDCP, not later than February 1 of each year, a detailed accounting of all funds expended (the ONDCP Circular requires amounts obligated) during the previous fiscal year.[3]  Agencies also need to identify and document performance measure(s) that justify the results associated with these expenditures.  The Chief Financial Officer, or another accountable senior level executive, of each agency for which a Detailed Accounting Submission is required, shall provide a Performance Summary Report to the Director of the ONDCP.  Further, the Circular requires that each report be provided to the agency’s Inspector General for the purpose of expressing a conclusion about the reliability of each assertion made in the report prior to its submission. 

This review was performed at the IRS Headquarters offices of the Chief Financial Officer and Chief, Criminal Investigation, in Washington, D.C., during the period October 2012 through January 2013.  Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and in compliance with generally accepted government auditing standards.  In general, our review procedures were limited to inquiries and analytical procedures appropriate for an attestation review based upon the criteria in the ONDCP Circular.  Detailed information on our audit objective, scope, and methodology is presented in Appendix I.  Major contributors to the report are listed in Appendix II.

 

 

Results of Review

 

Summary of the Independent Attestation Review of the Fiscal Year 2012 Office of National Drug Control Policy Detailed Accounting Submission and Performance Summary Report  

We reviewed the assertions in the IRS’s ONDCP Detailed Accounting Submission and Performance Summary Report (the Report) for Fiscal Year (FY) 2012, which ended September 30, 2012 (see Appendix IV).  The Report was prepared pursuant to 21 U.S.C. 1704 (d) and the ONDCP Circular:  Drug Control Accounting, dated May 1, 2007.  IRS management is responsible for preparing the Report. 

Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and in compliance with generally accepted government auditing standards.  An attestation review is substantially less in scope than an examination, the objective of which is the expression of an opinion on the Report.  Accordingly, we do not express such an opinion. 

Based on our review, nothing came to our attention that caused us to believe that the assertions in the Report are not fairly presented in all material respects in accordance with ONDCP-established criteria. 

While this report is an unrestricted public document, the information it contains is intended solely for the use of the IRS, the U.S. Department of the Treasury, the ONDCP, and Congress.  It is not intended to be, and should not be, used by anyone other than these specified parties.

 

Appendix I

 

Detailed Objective, Scope, and Methodology

 

The overall objective of this review was to perform an attestation review of the IRS’s reporting of FY[4] 2012 ONDCP expenditures and related performance for the purpose of expressing a conclusion about the reliability of each assertion made in the Detailed Accounting Submission and Performance Summary Report.  To accomplish our objective, we:

I.                 Obtained an understanding of the process used to prepare the FY 2012 Detailed Accounting Submission and Performance Summary Report.

A.    Discussed the process used to record ONDCP expenditures and performance information with responsible IRS personnel.

B.    Obtained documents such as written procedures and supporting worksheets that evidence the methodology used.

II.               Evaluated the reasonableness of the drug methodology process for detailed accounting submissions.

A.    Reviewed data supporting the Detailed Accounting Submission to establish the relationship to the amounts being reported.

B.    Verified whether all drug-related activities are reflected in the drug methodology.

III.             Performed sufficient verifications of reported obligations for detailed accounting submissions to support our conclusion on the reliability of the assertions.

A.    Verified that the Detailed Accounting Submission included all of the elements specified in Section 6 of the ONDCP Circular:  Drug Control Accounting.

B.    Verified the mathematical accuracy of the obligations presented in the Table of FY 2012 Drug Control Obligations.

C.    Traced the information contained in the Table of FY 2012 Drug Control Obligations to the supporting documentation.

IV.            Evaluated the reasonableness of the methodology used to report performance information for National Drug Control Program activities.

A.    Reviewed data supporting the Performance Summary Report to establish the relationship to the National Drug Control Program activities.

B.    Verified whether all drug-related activities are reflected in the performance information.

V.              Performed sufficient verifications of reported performance information to support our conclusion on the reliability of the assertions.

A.    Verified that the Performance Summary Report included all of the elements specified in Section 7 of the ONDCP Circular:  Drug Control Accounting.

B.    Verified the mathematical accuracy of the performance information presented.

C.    Traced the performance information presented to the supporting documentation.

D.    Reviewed the supporting documentation for reasonableness.

 

Appendix II

 

Major Contributors to This Report

 

Gregory D. Kutz, Assistant Inspector General for Audit (Management Services and Exempt Organizations)

Jeffrey M. Jones, Director

Anthony J. Choma, Audit Manager

Kanika Kals, Lead Auditor

Yasmin B. Ryan, Senior Auditor

 

Appendix III

 

Report Distribution List

 

Commissioner  C

Office of the Commissioner – Attn:  Chief of Staff  C

Deputy Commissioner for Operations Support  OS

Deputy Commissioner for Services and Enforcement  SE

Deputy Chief Financial Officer  OS:CFO

Deputy Chief, Criminal Investigation  SE:CI

Chief Counsel  CC

National Taxpayer Advocate  TA

Director, Office of Legislative Affairs  CL:LA
Director, Office of Program Evaluation and Risk Analysis  RAS:O

Office of Internal Control  OS:CFO:CPIC:IC

Audit Liaisons:

Chief Financial Officer  OS:CFO

Chief, Criminal Investigation  SE:CI

 

Appendix IV

 

Internal Revenue Service’s Fiscal Year 2012 Detailed Accounting Submission and Related Performance Summary Report

 

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

WASHINGTON, D.C. 20224

 

CHIEF FINANCIAL OFFICER

 

 

January 9, 2013

 

 

MEMORANDUM FOR MICHAEL E. MCKENNEY

           ACTING DEPUTY INSPECTOR GENERAL FOR AUDIT

 

FROM:                        Pamela J. LaRue /s/ Pamela J. LaRue

           Chief Financial Officer

 

SUBJECT:                 Annual Accounting and Authentication of Fiscal Year (FY) 2012 Drug Control Funds, Related Performance, and Assertion of Performance Information

 

The purpose of this memorandum is to transmit a revised IRS FY 2012 Annual Accounting and Authentication of Drug Control Funds and Related Performance Report, originally submitted on December 5, 2012.  Two percentages were changed in Section A, Subsection 1) b).

 

The Treasury Inspector General for Tax Administration (TIGTA) is required to perform an attestation review before the IRS submits this document to the Office of National Drug Control Policy (ONDCP)After IRS receives TIGTA's conclusion as to the reliability of each assertion, I will forward the document to the ONDCP.

 

If you have any questions, please contact me at (202) 622-6400, or have a member of your staff contact Adina Leach, Acting Associate Chief Financial Officer for Corporate Budget, at (202) 622-8770.

 

Attachments (2)

 

 

Attachment 1

 

 

INTERNAL REVENUE SERVICE

Annual Accounting and Authentication of Drug Control Funds and Related

Performance

 

DETAILED ACCOUNTING SUBMISSION

 

A.  Table of Fiscal Year (FY) 2012 Drug Control Obligations

 

 

Drug Resources by Function

($000)

Investigations

$63,508

Total

$63,508

Drug Resources by Decision Unit

 

Narcotics Crimes

$63,508

Total

$63,508

 

1)  Drug Methodology

 

a)  All Drug Control Obligations (the resources appropriated and available for these activities) are reported under one Drug Control Function and one Budget Decision Unit, as shown in the above chart.

 

b)  The Internal Revenue Service (IRS) Drug Control Budget encompasses the Criminal Investigation (CI) Narcotics-related program.  The Office of National Drug Control Policy (ONDCP) requires Cl to report only on the Organized Crime and Drug Enforcement Task Force (OCDETF) portion of the Narcotics programCl's overall Direct Investigative Time (DIT) applied to narcotics cases for FY 2012 was 12.4 percent of total DIT.  The OCDETF sub­ component of this program was 11.2 percent of total DIT or 90.3 percent of the total narcotics DIT.

 

The methodology for computing the resources appropriated and realized for the OCDETF program is the application of the DIT attributable to OCDETF cases and applying the DIT percentage to the total realized appropriated resources, reduced by reimbursable funds and Earned Income Tax Credit (EITC) resources, for the year for which the resources are being reported. The result is determined to be the amount of resources expended on OCDETF cases.  This methodology has been approved by Cl, the IRS Chief Financial Officer, and the Treasury Inspector General for Tax Administration (TIGTA) during the FY 2006 ONDCP attestation review.

 

Fiscal Year 2006 was the first year OCDETF funding became a permanent part of the Cl's budget.  In the past, OCDETF was a reimbursable program administered by the Department of Justice (DOJ).

 

2)  Methodology Modifications

 

None

 

3)  Material Weaknesses or Other Findings

 

None

 

4)  Reprogramming or Transfers

 

None

 

5)  Other Disclosures

 

None

 

B.  Assertions

 

1)  Obligations by Budget Decision Unit

 

Obligations reported by the Budget Decision Unit are a result of applying DIT data derived from the Criminal Investigation Management Information System (CIMIS) to the actual obligations from the Cl realized Financial Plan, less reimbursements and EITC funds.

 

2)  Drug Methodology

 

The methodology used to calculate obligations of prior-year budgetary resources is reasonable and accurate.

 

a)  Data

 

Data is derived from CIMIS to determine the DIT applied to the OCDETF activities.  Each special agent submits CIMIS time reports monthly detailing their activities relating to specific investigations.   Each investigation is associated with a specific program and sub-program area.  The percentage of DIT applied to each program area is calculated monthly with a final annual percentage determined after the close of the fiscal year.  The annual percentage of DIT relating to OCDETF sub-program area items is applied to the total resources expended for FY 2012 in the Cl budget (excluding reimbursables and EITC).  These OCDETF percentages include High lntensity/OCDETF, OCDETF, and Terrorism/OCDETF program areas.  These OCDETF DIT percentages are used to determine the total resources expended on the OCDETF program.

 

b)  Other Estimation Methods

 

None

 

c)  Financial Systems

 

The IRS Integrated Financial System (IFS) is the final authority for the IRS resource obligations and yields data which fairly presents drug-related obligation estimates.

 

4)  Application of Drug Methodology

 

The methodology disclosed in this section was the actual methodology used to generate the required table and meets all requirements described in Section 6 of the ONDCP Circular:  Drug Control AccountingCalculations made using this methodology are sufficiently documented to independently reproduce all data and ensure consistency between reporting years.

 

5)  Reprogramming or Transfers

 

The data presented is associated with obligations against a financial plan and properly reflects any revisions occurring during the fiscal year.

 

6)  Fund Control Notices

 

Criminal Investigation asserts the data presented is associated with obligations against a financial plan that fully complied with all fund control notices issued by the Director under 21 U.S.C. § 1703(f) and Section 8 of the ONDCP Circular: Budget Execution, as applicable.

 

C.  Performance Summary Report

 

1)  Performance Reporting

 

a)  Performance Measures

 

The IRS reviewed performance measures used by other agencies that support the National Drug Control Strategy as well as budget-level performance measures that are already used to address the effectiveness of Cl activities.  As a result of the review, the IRS determined that, in addition to the number of subject criminal investigations completed, the most appropriate performance measures to evaluate its contribution to the National Drug Control Strategy were number of convictions and conviction rate.  These are both budget-level performance measures already used by Cl to evaluate its performance as a whole.  Criminal investigations completed for the OCDETF program and all other programs are defined as total subject criminal investigations completed during the fiscal year, including those resulting in a prosecution recommendation to the DOJ, discontinuance due to lack of evidence, or a finding that the allegation was false (or other reasons). Convictions are defined as the total number of subject criminal investigations with CIMIS status codes of guilty plea, nolo-contendere, judge guilty, or jury guilty.  Conviction rate is defined as the total number of subject criminal investigations with CIMIS status codes of guilty plea, nolo-contendere,  judge guilty, or jury guilty divided by these status codes and nolle prosequi, judge dismissed, and jury acquittal.

 

These measures assess Cl's performance of its mission to serve the public by conducting investigations of potential violations of the Internal Revenue Code and related financial crimes (which OCDETF cases are an important component), to foster confidence in the tax system and enhance voluntary complianceIn addition, it reduces or eliminates the profits and financial gains from narcotics trafficking and money laundering.

 

Criminal Investigation's Narcotics Program supports the goals of the National Drug Control Strategy and the National Money Laundering Strategy by seeking to reduce or eliminate the profits and financial gains from narcotics trafficking and money laundering organizations.  Cl has participated in the OCDETF program since its inception in 1982 and focuses its narcotics efforts almost exclusively on high-priority OCDETF cases where its contributions will have the greatest impact.

 

b)  Prior Years Performance Targets and Results

 

Before FY 2008, Cl did not set performance targets for the OCDETF Program.  However, Cl projected for completed investigations which were used as benchmarksThe OCDETF resources became a part of the IRS budget in FY 2006Previously, the IRS portion of the OCDETF resources was included in the DOJ appropriation and was reported as part of the DOJ budget submissionThe performance results for FY 2007 through FY 2011 are shown below:

 

 

FY 2007

FY 20081

FY 2009

FY 2010

FY 2011

Investigations Completed

654

824

652

788

927

Convictions

N/A

460

462

405

435

Conviction Rate

N/A

90.6%

84.9%

82.3%

88.1%

 

1  The completed investigations for FY 2008 was stated as 827 in the FY 2009 reportSince that time, TIGTA and Cl agreed on a change in methodology, lowering the figure to 824.

 

As a result of budgetary constraints, Cl reduced its narcotics DIT (9 to 11 percent of total) in FY 2006 and FY 2007In response to the Attorney General's request for the commitment of additional Cl resources to OCDETF cases, Cl agreed to increase the amount of DIT devoted to narcotics investigations in FY 2008 to between 11 and 13 percent of total DIT.  Criminal Investigation maintained this same level through FY 2012.

 

c)  Current Year Performance Targets and Results

 

Based on a recommendation from the FY 2008 audit and attestation, to evaluate the cause of the delayed case postings identified and evaluate the feasibility of either improving the timeliness of case postings and/or adjusting its year-end performance information to reflect timing differences caused by late postings of case information, Cl calculated its year-end performance using the status date of investigations.  The results for FY 2012 are shown below:

 

FY 2012 OCDETF

Targets & Performance

FY 2012

OCDETF Targets

Based on Status Date as

of November 05, 2012                                            I

Investigations  Completed

680

904

Convictions

410

563

Conviction Rate

85%

90.2%

 

As noted above, Cl exceeded in all three performance target areas for FY 2012Investigations Completed, Convictions, and Conviction Rate.

 

d)  Fiscal Year 2013 Performance Targets OCDETF Cases:

 

The performance information for the IRS Cl OCDETF program for FY 2013, as submitted to ONDCP (ONDCP Budget Submission):

 

  Criminal investigations  Completed

680

   Convictions

410

   Conviction Rate

85%

 

e)  Quality of Performance Data

 

To ensure the reliability of the data, all cases have unique numbers assigned in CIMIS which contain validity and business rule checks.  The CIMIS database tracks the status of the investigations from initiation through final disposition.  The system has sufficient internal checks and balances to assure status updates are input in the proper order.

 

D.  Annual Accounting and Authentication of Drug Control Funds and Related Performance

 

1)  Performance Measures Assertions

 

a)  Performance Reporting System is appropriate and applied

 

The IRS uses the CIMIS to capture performance information accurately and that system was properly applied to generate the performance data.

 

b)  Explanations for not meeting performance targets are reasonable

 

Explanations offered for failing to meet a performance target and for any recommendations concerning plans and schedules for meeting future targets or for revising or eliminating performance targets are reasonable.

 

c)  Methodology to establish performance targets is reasonable and applied

 

The methodology described in the Performance Summary Report for FY 2012 to establish performance targets for the current year is reasonable given past performance and available resources.

 

d)  Adequate performance measures exist for all significant drug control activities

 

The IRS established at least one acceptable performance measure for each Drug Control Decision Unit identified in its Detailed Accounting of FY 2012 Drug Control Funds as required by Section 6a(1)(A) for which a significant amount of obligations were incurred in the previous year.

 

2)  Criteria for Assertions

 

a)  Data

The sources of the data used are well documented and the data used in the report is clearly identified and is the most recent available.

 

b)  Estimation Methods

 

Not applicable.

 

c)  Reporting Systems

 

The reporting system supporting the above assertions is current, reliable, and an integral part of the agency's budget and management processes.

 

Attachment 2

 

 

FY 2012

OCDETF Program -Year End

As of September 30, 2012

 

 

 

Cl Financial Plan - Enforcement

Appropriated *

 

$569,771,824

OED Method **

 

$567,034,372

 

Total OCDETF DIT

 

11.2%

 

11.2%

 

Year End OCDETF

 

$63,814,444

 

$63,507,850

 

"Earmarked" OCDETF

 

$60,136,000

 

$60,136,000

 

Over/(Under) Realization

 

$3,678,444

 

$3,371,850

 

Percent of OCDETF Realized

 

 

105.61%

* FY 2012 Status of Funds Report

** Obligations, Expenditures, & Distributions (OED)



[1] Pub. L. No. 100-690, 102 Stat. 4181 (1988). 

[2] A National Drug Control Program agency is defined as any agency that is responsible for implementing any aspect of the National Drug Control Strategy.

[3] A 12-consecutive-month period ending on the last day of any month, except December.  The Federal Government’s fiscal year begins on October 1 and ends on September 30.

[4] A 12-consecutive-month period ending on the last day of any month, except December.  The Federal Government’s fiscal year begins on October 1 and ends on September 30.