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IRS Could Improve Justification for Budgets, GAO Says

JUL. 21, 2016

GAO-16-695

DATED JUL. 21, 2016
DOCUMENT ATTRIBUTES
Citations: GAO-16-695
IRS 2017 BUDGET IRS Could Improve Presentation of Budget Data in Its Congressional Justification

 

Report to the Subcommittee on Financial Services and General

 

Government, Committee on Appropriations, U.S. Senate

 

 

July 2016

 

_____________________________________________________________________

 

 

Why GAO Did This Study

 

 

Funding the federal government depends largely upon IRS's ability to collect taxes, including providing taxpayer services that make voluntary compliance easier and enforcing tax laws to ensure compliance with tax responsibilities. For fiscal year 2017, the President requested $12.3 billion in appropriations for IRS; the request is almost $1 billion (9 percent) more than IRS's fiscal year 2016 appropriation.

Because of the size of IRS's budget and the importance of its service and compliance programs for all taxpayers, GAO was asked to review the fiscal year 2017 budget request for IRS. In March 2016, GAO reported interim information on IRS's budget. This report assesses (1) the extent to which IRS's fiscal year 2017 CJ presents data on requested funding levels by appropriation accounts and in alignment with agency priorities, (2) IRS's management and allocation of user fees, and (3) the costs and reporting of IRS's IT investments. GAO reviewed the fiscal year 2017 CJ, documentation on IRS's vision for the future state, IRS budget plans, IT investment reports, and IRS budget data for fiscal years 2011 to 2017, interviewed IRS officials, and met with congressional appropriations staff to discuss the information they want included in the CJ.

What GAO Recommends

GAO recommends that IRS ensure the CJ includes data on the amount of funding requested to maintain current services for each future state theme, and that Treasury ensure the accuracy of Treasury-generated IRS IT investment reports. IRS and Treasury agreed with the recommendations.

View GAO-16-695. For more information, contact James R. McTigue, Jr. at (202) 512-9110 or mctiguej@gao.gov.

_____________________________________________________________________

 

 

What GAO Found

Congressional justification data. The Internal Revenue Service (IRS) has taken steps to manage its budget more strategically but did not make linkages between priorities and appropriations accounts. IRS prioritized a subset of its 19 strategic objectives for action and established six themes that represent its "future state" vision for tax administration. In the fiscal year 2017 congressional justification (CJ), IRS linked requests for increased funding to themes and included details on how much would be funded by each appropriation account. However, IRS did not provide data on how much it spends in support of each theme or the amount of funding needed to maintain current levels by theme. IRS is working to develop such data, but officials cited challenges with data availability and tracking spending by themes. Such information would provide transparency on the current funding levels which assist Congress in making informed budget decisions.

User fee spending. IRS has permanent, indefinite authority to obligate and spend user fee collections, which it obligates as part of its budget execution process. IRS's user fee spend plan must be approved by both the Department of the Treasury (Treasury) and the Office of Management and Budget. IRS was directed to wait 30 days following the submission of the user fee spend plan to Congress before obligating funds. As seen in the table, planned user fee spending increased more than $220 million (79 percent) between fiscal years 2011 and 2016. Of the $509 million planned user fee obligations in fiscal year 2016, the largest amounts are for the Patient Protection and Affordable Care Act ($204 million) and the Foreign Account Tax Compliance Act ($62 million).

 

User Fee Funding Obligated by IRS Appropriation Account,

 

Fiscal Year 2011 through 2015

 

Actuals, and 2016 Planned (Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 2.]

 

 

 

 

Information technology data. The President's budget requested $2.8 billion for IRS's information technology (IT) investments which accounted for 21 percent of IRS's budget request for fiscal year 2017. Instead of presenting its IT investment data in its CJ, IRS moved them to a Treasury website. This is consistent with other Treasury bureaus and was intended to provide time for an enhanced data review process. However, despite the review process, Treasury did not detect an error which resulted in IRS underreporting its total IT investments by about $4 million. According to federal internal control standards, ongoing monitoring should occur in the course of normal operations. Data errors could negatively affect Congress's ability to make budget decisions and provide oversight.

                                Contents

 

 

 Letter

 

 

      Background

 

 

      IRS Did Not Fully Link Future State Themes to Appropriation

 

      Accounts in Its 2017 Congressional Justification

 

 

      IRS Used Its Flexibility to Spend User Fee Revenue to Fund

 

      Priorities

 

 

      IRS Changed Reporting of Major IT Investments, but Treasury

 

      Lacked Controls to Detect Errors in Reporting Certain IT Spending

 

      Data

 

 

      Conclusions

 

 

      Recommendations for Executive Action

 

 

      Agency Comments and Our Evaluation

 

 

 Appendix I     Internal Revenue Service Funding and Full-Time

 

                Equivalents Data from Fiscal Year 2011 through 2017

 

 

 Appendix II    Summary of the Internal Revenue Service's Major

 

                Information Technology Investments

 

 

 Appendix III   Our Open Budget-Related Recommendations to the Internal

 

                Revenue Service

 

 

 Appendix IV    Comments from the Internal Revenue Service

 

 

 Appendix V     GAO Contact and Staff Acknowledgments

 

 

 Tables

 

 

      Table 1: IRS Allocation of $290 Million Increase in

 

               Appropriations from Fiscal Years 2015 to 2016 (Dollars

 

               in Millions)

 

 

      Table 2: IRS Fiscal Year 2016 Allocation of User Fee Revenue

 

               (Dollars in Millions)

 

 

      Table 3: User Fee Funds Obligated by IRS Appropriation Account,

 

               Fiscal Year 2011 through 2015 Actuals, and 2016 Planned

 

               (Dollars in Millions)

 

 

      Table 4: IRS User Fee Carryover Balances from Fiscal Year 2011

 

               through 2015 Actuals and 2016 Estimates (Dollars in

 

               Millions)

 

 

      Table 5: Internal Revenue Service (IRS) Funding, Fiscal Years

 

               2011 through 2016 Enacted and 2017 Requested (Dollars in

 

               Millions)

 

 

      Table 6: Internal Revenue Service (IRS) Full-Time Equivalents

 

               (FTE), Fiscal Years 2011 through 2015 Actual, 2016

 

               Enacted, and 2017 Requested

 

 

      Table 7: Major IT Investments (Dollars in Millions)

 

 

 Figures

 

 

     Figure 1: Cybersecurity Funding at IRS, Fiscal Years 2014

 

               Estimated, 2015 Actual, 2016 Enacted, and 2017 Requested

 

               (Dollars in Millions)

 

 

     Figure 2: IRS's Fiscal Year 2017 Requested Increase by Program and

 

               Appropriation Account (Dollars in Millions)

 

 

     Figure 3: Information Technology Investments, Fiscal Years 2011

 

               through 2015 Actual, 2016 Enacted, and 2017 Requested

 

               (Dollars in Millions)

 

 

     Figure 4: Major Information Technology Investments by Funding

 

               Source, Fiscal Year 2017 Requested (Dollars in Millions)

 

 

                             Abbreviations

 

 

 CJ        congressional justification

 

 

 FTE       full-time equivalent

 

 

 IRS       Internal Revenue Service

 

 

 IT        information technology

 

 

 OMB       Office of Management and Budget

 

 

 PPACA     Patient Protection and Affordable Care Act

 

 

 SPIKE     SharePoint Investment Knowledge Exchange

 

 

 Treasury  Department of the Treasury

 

_____________________________________________________________________

 

 

This is a work of the U.S. government and is not subject to copyright protection in the United States. The published product may be reproduced and distributed in its entirety without further permission from GAO. However, because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately.
_____________________________________________________________________

 

 

July 21, 2016

 

 

The Honorable John Boozman

 

Chairman

 

The Honorable Christopher A. Coons

 

Ranking Member

 

Subcommittee on Financial Services and General Government

 

Committee on Appropriations

 

United States Senate

 

 

Funding the federal government depends largely upon the Internal Revenue Service's (IRS) ability to collect taxes -- in fiscal year 2015, IRS collected about $3.3 trillion (before tax refunds of $403 billion), or 93 percent of total federal government receipts. IRS's mission is to provide taxpayers top-quality services by helping them understand and meet their tax responsibilities, and to enforce the law with integrity and fairness. For fiscal year 2017, the President requested $12.3 billion in annual appropriations for IRS, about $1 billion (9 percent) more than fiscal year 2016 enacted levels.1 In March 2016, we reported that IRS's fiscal year 2016 appropriation increased by $290 million to $11.2 billion over fiscal year 2015 levels, with the increases being targeted to improve taxpayer service, combat identity theft, and improve cybersecurity.2 In that report, we also reported that IRS appropriations remain about 7 percent below fiscal year 2011 levels. Full-time equivalent staff members funded by annual appropriations declined by 12,000 between fiscal year 2011 and fiscal year 2016, a 13 percent reduction. We also reported that these declines have contributed to fluctuations in taxpayer service and longer wait times on the phones than taxpayers have historically experienced.

Because of the size of IRS's budget and the importance of its service and compliance programs for all taxpayers, you asked us to review the fiscal year 2017 budget request for IRS. In this report, we assess (1) the extent to which IRS's fiscal year 2017 congressional justification (CJ) presents data on requested funding levels by appropriation accounts and in alignment with agency priorities, (2) IRS's management and allocation of user fees, and (3) the costs and reporting of IRS's information technology investments.

To assess the extent to which the CJ provides data on funding levels by appropriation accounts and agency priorities, we reviewed IRS documentation on the implementation of the future state vision and on the process used to prioritize requested program increases -- the future state is IRS's vision for the future of tax administration to help IRS more efficiently and effectively implement its mission. We reviewed the CJs from fiscal years 2013 through 2017 for spending and staffing data, and for changes to the budget presentation. During a meeting with appropriations staff from both the majority and the minority, we discussed their needs for obtaining information to make appropriations decisions as IRS makes changes in its budget presentation. To describe IRS's user fee funding, we reviewed IRS's authority to collect and obligate user fees, the President's budget requests from fiscal years 2013 through 2017, and IRS budget and planning documents.3 To assess the costs of IRS's information technology (IT) investments, we reviewed congressional justifications, capital investment plans and summaries, and IRS data for fiscal years 2011 to 2017. We analyzed reported cost and schedule data for major IT investments and interviewed Department of the Treasury (Treasury) officials to assess the accuracy of these data and the procedures used to report information to Congress. We compared data reported in the fiscal year 2016 CJ and the fiscal year 2017 capital investment plan and summary, and assessed the extent to which IRS reporting complied with federal internal control standards.4 As applicable for each objective, we interviewed IRS Corporate Budget and IT officials, and reviewed data collection procedures. We determined that the data used in this report were sufficiently reliable for our purposes.

We conducted this performance audit from December 2015 to July 2016 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 objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives.

Background

IRS Budget Structures

Funding requests for IRS are organized by appropriation account, which aligns broadly with its strategic goals to (1) deliver high-quality and timely service to reduce taxpayer burden, and encourage voluntary compliance; and (2) effectively enforce the law to ensure compliance with tax responsibilities and combat fraud. IRS funds its IT investments from its Operations Support and Business Systems Modernization appropriation accounts. IRS's four appropriation accounts and the fiscal year 2016 appropriations are as follows:5

  • Enforcement ($4.86 billion): Funds activities such as determining and collecting owed taxes, providing legal and litigation support, and conducting criminal investigations.

  • Operations Support ($3.75 billion): Funds activities including rent and facilities expenses, IRS-wide administration activities, and IT maintenance and security.

  • Taxpayer Services ($2.33 billion): Funds taxpayer service activities and programs, including prefiling assistance and education, filing and account services, and taxpayer advocacy services.

  • Business Systems Modernization ($290 million): Funds the planning and capital asset acquisition of IT to modernize IRS business systems.

 

In support of the President's budget request, agencies submit CJs to Congress to explain the request by outlining agency goals and objectives for the coming fiscal year, and providing detailed descriptions of activities at the program, project, and activity level. Agencies are to prepare the justifications in accordance with the Office of Management and Budget's (OMB) Circular A-11 which provides guidance on materials required for the agency's request and reflects the needs of the Congress for providing effective oversight.6

Future State

Since 2014, IRS has undertaken a multiyear effort to develop a vision for the future state of tax administration to fulfill its mission more efficiently and effectively. To focus this effort, IRS narrowed 19 existing objectives to a core set of objectives that were used to develop six future state themes:

 

1. Facilitate voluntary compliance by empowering taxpayers with secure innovative tools and support.

2. Understand noncompliant taxpayer behavior and develop approaches to deter and change it.

3. Leverage and collaborate with external stakeholders.

4. Cultivate a well-equipped, diverse, skilled, and flexible workforce.

5. Select highest value work, using data analytics and a robust feedback loop.

6. Drive more agility, efficiency, and effectiveness in IRS operations.

 

These future state themes are in addition to Treasury's department-wide focus on strengthening cybersecurity and eliminating identity theft. IRS reported that it adopted a new, more strategic approach to identify and select budget program priorities based on the future state themes.

User Fees

A user fee is charged to beneficiaries of certain goods or services provided by the federal government.7 In general, a user fee is related to a voluntary transaction or request for government goods or services above and beyond what is normally provided to the public. Although IRS services and operations are primarily funded through annual appropriations, IRS has the authority to supplement its appropriations with other resources, such as user fees. Until 1995, IRS user fee collections were deposited into the Treasury's general fund. In 1995, Congress granted IRS authority to retain and obligate up to $119 million in user fee revenue to supplement its annual appropriation.8 In 2005, Congress removed the limit of $119 million and IRS was permitted to retain and obligate user fees that were implemented after September 30, 1994, or the portion of the fee that has been increased since September 30, 1994, for those fees that existed prior to that date.9 For example, fees for installment agreements -- monthly payment plans for taxes owed -- were established after September 30, 1994, and therefore IRS retains the full amount of the fee collected. However, the fee for enrolling as an actuary is divided between IRS and the general fund of the Treasury because this user fee existed prior to September 30, 1994.

In fiscal year 2016, IRS expects to collect about $422 million in user fee revenue from sources such as installment agreements (about $155 million) and income verification express services (about $51 million). IRS deposits user fees that it is authorized to retain into its Miscellaneous Retained Fees Fund -- an estimated $411 million in fiscal year 2016 -- before transferring funds to an appropriation account to be obligated. For fiscal year 2016, planned user fee obligations ($509 million) account for about 4 percent of IRS's total obligations ($12,374 million). IRS's user fee funds are available until expended (no-year funds) and funds that are not obligated in the fiscal year in which they are collected are carried over to the next fiscal year.

Information Technology and Appropriations Increases

IT comprises a significant portion of IRS's budget and plays a critical role in enabling IRS to carry out its mission and responsibilities. IRS's fiscal year 2016 appropriations include about $2.5 billion for IT investments; this represents 20 percent of the total IRS budget.10 IRS relies on IT systems to process tax returns, account for tax revenues collected, send bills for taxes owed, issue refunds, assist in the selection of tax returns for audit, and provide telecommunications services for all business activities, including providing taxpayers with toll-free access to tax information, among other things.

IRS's fiscal year 2016 appropriations increased by $290 million. IRS is required by law to allocate these funds across three areas: customer service representative level of service, cybersecurity, and identity theft prevention.11 IRS plans to use this funding to invest in (1) increased telephone level of service, including reduced wait times and improved performance on IRS's Taxpayer Protection Program/Identity Theft Toll Free Line; (2) cybersecurity, including network security improvements, protection from unauthorized access, and enhanced insider threat detection; and (3) identity theft refund fraud prevention. As shown in table 1, cybersecurity was allocated almost one-third of the funding, solely from the Operations Support appropriation account. This funding includes $7 million (50 additional full-time equivalents) to maintain the cybersecurity workforce.

 

Table 1: IRS Allocation of $290 Million Increase in Appropriations

 

from Fiscal Years 2015 to 2016 (Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 12.]

 

 

 

 

Cybersecurity efforts are intended to protect taxpayer information and IRS's systems, services, and data from internal and external cyber-related threats. Cybersecurity funding increased by 58 percent from fiscal years 2015 to 2016, primarily from increased appropriations as shown in figure 1.

 

Figure 1: Cybersecurity Funding at IRS, Fiscal Years 2014

 

Estimated, 2015 Actual, 2016 Enacted, and 2017 Requested

 

(Dollars in Millions)

 

 

 

 

Source: IRS data. | GAO-16-695.

Note: IRS officials said that the fiscal year 2014 amount is an estimate because it did not track cybersecurity costs separately from identity theft prevention and refund fraud until fiscal year 2015.

The President's fiscal year 2017 budget also requests cybersecurity funds provided through a Treasury Cybersecurity Enhancement Account, which is intended to bolster Treasury's overall cybersecurity posture. The request includes $62 million for IRS, including $54.7 million to directly support IRS cybersecurity efforts by securing data, improving continuous monitoring, and other initiatives.

IRS Did Not Fully Link Future State Themes to Appropriation Accounts in Its 2017 Congressional Justification

IRS's Senior Executive Team recognized that the 19 strategic objectives listed in the 2014-2017 IRS Strategic Plan were too broad a set of priorities for IRS future state vision. In January 2015, the Senior Executive Team agreed on six enterprise themes to support the future state vision that aligned with a subset of the strategic objectives and were informed by the needs of the business units.

IRS modified its approach to prioritizing programs and initiatives for requested funding increases in fiscal year 2017. In January 2015, the Office of Planning, Programming and Audit Oversight asked the operating divisions to submit program increase proposals they believed necessary for IRS to achieve its priorities. This office reviewed the proposals to ensure they aligned with IRS's strategic plan and submitted them to the Senior Executive Team for consideration. The Senior Executive Team prioritized the proposed program increases through a voting process to ensure that they aligned with IRS's strategy and resource needs.

According to IRS officials, funding increases were requested for fewer programs as a result of this new approach. Specifically, in the fiscal year 2017 CJ, increases were requested for 14 programs, whereas in the fiscal year 2016 CJ, increases in 25 programs were requested.

In its fiscal year 2017 CJ, IRS explained how requests for increased funding were linked to appropriations accounts, but it did not provide this information for the amount requested to maintain current funding levels. IRS linked each requested program increase to a future state theme and included details on how much of the requested increase would be funded by each of the four appropriation accounts.12 Figure 2 shows each of the 14 program increase requests organized by theme or focus area, with funding requested broken out by appropriation account. Including data on the appropriation account provides additional transparency and improves the quality of the information available to Congress for budget deliberations.

 

Figure 2: IRS's Fiscal Year 2017 Requested Increase by Program and

 

Appropriation Account (Dollars in Millions)

 

 

 

 

Source: GAO analysis IRS data. | GAO-16-695

However, IRS did not provide data on how much it is currently spending in support of each theme. As a result, it is unclear what amount of funding would be required to maintain current levels by theme. According to officials, IRS is working to develop such data, but officials cited technical challenges with data availability and comparability as well as challenges identifying spending for specific themes, some of which are worded broadly.

OMB Circular A-11 requires that an agency prepare justifications in concise, specific terms and cover all programs and activities of the agency. Additionally, the guidance specifies that an agency should consult with relevant congressional appropriations committees to confirm their support for modifications to the CJ's format. In adopting a new approach by prioritizing a subset of objectives, IRS modified how its budget data were organized, but did not clarify how spending by themes relates to appropriation accounts. Congressional appropriations' staff from both the majority and minority with whom we spoke told us they wanted more information on base spending by theme and account. Such information is important to ensure transparency on the current funding levels to assist Congress in making informed budget decisions.

IRS Used Its Flexibility to Spend User Fee Revenue to Fund Priorities

IRS Allocated User Fees as Part of Its Broader Budget Execution Process

IRS has permanent, indefinite authority to obligate user fee collections. This authority allows the agency flexibility in the use of these funds. While IRS does not need congressional approval of its user fee spend plan, it must obtain approval from Treasury and OMB. Additionally, for fiscal year 2016, IRS was directed to wait 30 days following the submission of the user fee spend plan to Congress before obligating these funds.13

IRS's Chief Financial Officer has oversight responsibilities for the initial assessment, updates, collection, and review of user fees. While the Chief Financial Officer does not provide the services for which user fees are charged, the office is responsible for ensuring that user fees are appropriately collected, deposited, and reported.14 As seen in table 2, IRS plans to allocate $509 million of user fee revenues in fiscal year 2016 across three appropriation accounts. This represents 4 percent of IRS's total obligations in fiscal year 2016 ($12.37 billion).

 

Table 2: IRS Fiscal Year 2016 Allocation of User Fee Revenue

 

(Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 17.]

 

 

 

 

IRS allocates user fee revenues as part of its budget execution process and began planning for fiscal year 2016 allocations in April 2015. IRS allocates user fee revenue to fund agency priorities for which other funding was unavailable, but does not generally consider the source of funds when making these decisions.15 Budget officials briefed members of the Senior Executive Team and the IRS Commissioner multiple times between September 2015 and January 2016, including on preliminary estimates of user fee spending. According to IRS officials, IRS sends a draft of the user fee spend plan to Treasury within 30 days of its budget being enacted and finalizes the plan within 60 days. However, IRS began fiscal year 2016 operating under a continuing resolution until December, so the user fee spend plan was submitted to Congress in February 2016.16

In May 2016, IRS announced that it is revising a number of existing user fees to more closely match the cost of providing the service and implementing new user fees for some additional services as a result of its 2015 Biennial Fee Review. Agencies are required to review, on a biennial basis, the fees, royalties, rents, and other charges for services and things of value and make recommendations on revising those charges to reflect costs incurred.17 IRS expects total annual user fee revenue to increase by $128 million when the fees are fully implemented. Officials said they plan to continue their current policy regarding how user fee revenue is allocated.

IRS Officials Cited Change in Appropriations and Cost of Implementing Mandates for Shift in User Fee Allocations

According to IRS officials, the planning process for allocating user fee revenue has been consistent between fiscal years 2011 and 2016. However, according to IRS officials, changes in appropriation levels and the cost of implementing mandates has resulted in a shift in how user fee revenue has been allocated. As shown in table 3 and the sidebar, both the amount and allocation of user fee funds shifted between fiscal years 2011 and 2016.

 

Table 3: User Fee Funds Obligated by IRS Appropriation Account,

 

Fiscal Year 2011 through 2015 Actuals, and 2016 Planned

 

(Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 19.]

 

 

 

 

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User Fee Allocations

 

 

Of the $509 million in user fee revenue IRS plans to allocate in fiscal year 2016, about $296 million (58 percent) is planned for implementing mandates required by the:
  • Patient Protection and Affordable Care Act Information Technology ($203.5 million),

  • Foreign Account Tax Compliance Act ($62 million), and

  • Achieving a Better Life Experience Act ($30 million).

Source: GAO analysis of IRS data. | GAO-16-695

 

_____________________________________________________________________

 

 

As we reported in June 2015, IRS management decided to allocate more user fee funds to Operations Support in fiscal year 2015, in part because of changes in the amount appropriated to its accounts and the cost of implementing mandates, such as the Patient Protection and Affordable Care Act (PPACA), which is largely funded by user fee revenue and Operations Support funds.18 Of the $1.6 billion spent on PPACA implementation between fiscal years 2010 and 2015, $465 million was user fee revenue (29 percent) and $467 million was annually appropriated Operations Support funds (29 percent).19 The fiscal year 2015 appropriation for Operations Support was $161 million (4.2 percent) less than fiscal year 2014, while Taxpayer Services was not reduced during that time frame. In fiscal year 2015, IRS obligated $210 million in user fee revenue and $154 million from the Operations Support account for PPACA implementation.

In addition to changes in the allocation of user fee funds across appropriation accounts, IRS has also changed the amount it retains and the amount it carries over to the next fiscal year. The amount of user fee revenue that IRS collected and retained increased from $324 million in fiscal year 2011 to $391 million in fiscal year 2015. As previously mentioned, IRS is implementing changes to user fees which it expects to generate an additional $128 million annually, all of which IRS is authorized to retain and spend. In fiscal year 2011, user fee obligations ($285 million) accounted for 2.2 percent of IRS's total obligations ($12,777 million). For fiscal year 2016, planned user fee obligations ($509 million) account for about 4 percent of IRS's total obligations ($12,374 million).

 

_____________________________________________________________________

 

 

Carryover Balances

 

 

IRS can carry over any unexpended fee collections -- those funds left over after IRS transfers fee collections to supplement its appropriations -- for use in subsequent years.

We have suggested that carryovers are one way agencies can establish reserves to sustain operations in the event of a sharp downturn in user fee collections or other events. See GAO-08-386SP for additional information on user fee design.

 

Source: Pub. L. No. 103-329, title 1, § 3, 108 Stat. 2382, 2388-2389 (Sept. 30, 1994) and GAO. | GAO-16-695

 

_____________________________________________________________________

 

 

These changes in the amount of funds that IRS retains and obligates have also affected the amount it carries over from one fiscal year to the next. As seen in table 4, IRS's carryover balance has declined in recent years from about $327 million at the end of fiscal year 2011 to about $93 million planned for the end of fiscal year 2016. This is potentially significant because, as we have previously reported, carryover balances can help agencies to sustain operations in the event of a sharp downturn in user fee collections or other events (see sidebar). However, this is less of consideration for programs that could also be funded through annual appropriations, as is the case with IRS. In briefings to the Senior Executive Team and to the IRS Commissioner, officials identified the low carryover balance from fiscal year 2016 to 2017 as a key risk because it decreases the funds available for future fiscal years. As part of budget deliberations, officials considered the tradeoffs between spending funds on priorities in the current budget year and maintaining a reserve for future years.

 

Table 4: IRS User Fee Carryover Balances from Fiscal Year 2011

 

through 2015 Actuals and 2016 Estimates (Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 21.]

 

 

 

 

IRS Changed Reporting of Major IT Investments, but Treasury Lacked Controls to Detect Errors in Reporting Certain IT Spending Data

IRS Reported the Fiscal Year 2017 President's Budget Request of $2.8 Billion for IT Spending Differently Than in Prior Years

IT is a significant portion -- about 21 percent -- of the total IRS budget request for fiscal year 2017. The President requested $2.8 billion for IRS's IT investments in fiscal year 2017, an increase of about 15 percent. This includes a $391 million (65 percent) increase for non-major IT investments and a $33 million (2 percent) decrease for major IT investments as shown in figure 3.20

 

Figure 3: Information Technology Investments, Fiscal Years 2011

 

through 2015 Actual, 2016 Enacted, and 2017 Requested

 

(Dollars in Millions)

 

 

 

 

Source: IRS Fiscal Year 2014 to 2017 Congressional Justification and Summary of Capital Investments. | GAO-16-695

Note: Numbers may not sum to totals because of rounding.

IT investments are funded through the Operations Support and the Business Systems Modernization appropriation accounts and user fees. These investments generally support (1) day-to-day operations (which include operations and maintenance, as well as development, modernization, and enhancements to existing systems); and (2) modernization efforts in support of IRS's goals. For IRS's 23 major IT investments, the amount requested for fiscal year 2017 is $1.8 billion, which is funded primarily through the Operations Support appropriation account as shown in figure 4.21

 

Figure 4: Major Information Technology Investments by Funding

 

Source, Fiscal Year 2017 Requested (Dollars in Millions)

 

 

 

 

Source: IRS Fiscal Year 2017 Summary of Capital Investments. | GAO-16-695

In previous years, IRS reported data on its IT investments in the CJ in a Summary of Capital Investments and Portfolio of Major Investments. The Summary of Capital Investments listed major and non-major IT investment totals and major IT investments by funding source. The Portfolio of Major Investments included a comprehensive list and description of major IT investments. For fiscal year 2017, IRS moved the Summary of Capital Investments from the CJ to a link on Treasury's website that was accessible 30 days following the release of the President's budget.22 This website also includes a Capital Investment Plan, similar to the Portfolio of Major Investments.

Treasury provides capital investment information on its website for each Treasury bureau. Treasury is required to submit a Capital Investment Plan to Congress no later than 30 days following the submission of the President's budget.23 According to IRS and Treasury officials, Treasury asked IRS to move the capital investment information from the CJ to a separate website to give Treasury additional time to review the data to improve reliability. According to IRS officials, this approach also eliminated the possibility of administrative errors in transcribing data from one database to another. While the move delayed the availability of the IRS information, the timing was consistent with capital investment reporting by other Treasury bureaus.

Treasury Lacked Controls to Detect Errors in Reporting Certain IT Spending Data

In the fiscal year 2017 IRS Summary of Capital Investments, Treasury reported the non-major IT investment total inaccurately for the 3 fiscal years presented (fiscal years 2015 actual, 2016 enacted, and 2017 requested). Treasury underreported the amounts by about $4 million (less than 1 percent) in each fiscal year. Consequently, Treasury also reported the IT total for major and non-major IT investments inaccurately.

According to IRS and Treasury officials, this discrepancy was the result of an error introduced during the 30-day Treasury review process. IRS enters IT investment information into Treasury's SharePoint Investment Knowledge Exchange (SPIKE) system.24 IRS and Treasury review and monitor the information before the Capital Investment Plan and the Summary of Capital Investments reports are generated. According to IRS officials, for fiscal year 2017, Treasury took a more active role in reviewing the information submitted by IRS on IT investments. During the review process, manual adjustments in SPIKE caused an error that resulted in two rows of non-major IT investments being excluded from the non-major IT total.

We asked IRS about the discrepancy, and IRS approached Treasury with the issue and Treasury subsequently corrected the error in SPIKE and revised the Summary of Capital Investments on Treasury's website. Stronger internal controls could help prevent such mistakes, such as effective monitoring of Treasury-generated IRS information technology investment reports. According to federal internal control standards, ongoing monitoring should occur in the course of normal operations. Monitoring should be performed continually and be ingrained in the agency's operations. It includes regular management and supervisory activities, comparisons, reconciliations, and other actions people take in performing their duties.25 According to Treasury officials, Treasury is aware of the need to reduce manual corrections by making improvements to SPIKE, but has yet to take steps to fully ensure that such errors will not occur in future budget cycles.

In June 2015, we reported on a separate ongoing monitoring internal control issue which resulted in IRS providing inaccurate data on actual obligations to date for major IT investments in its fiscal year 2016 CJ.26 As a result of our recommendation that IRS implement internal controls to ensure the accuracy of information on major IT investments reported in the annual CJ, IRS took additional steps when preparing the fiscal year 2017 CJ. This included performing an operational review to examine the existing procedures. In addition, for the fiscal year 2017 IT investment reports, IRS implemented processes to ensure accurate and reliable data such as comparing its IT data maintained on control charts to the data it enters in SPIKE. IRS performed this reconciliation individually for each IT investment. However, IRS reported that it did not review the Summary of Capital Investments generated by Treasury in its entirety for accuracy after it was generated from SPIKE.

Without effectively monitoring IT investment information, Treasury risks continued errors in the information it reports on its IT investments. Such errors could negatively affect Congress's ability to obtain accurate information on IT investments needed to inform future budget decisions and oversight.

Conclusions

IRS intended to improve its budget process by aligning its spending priorities with themes supporting its future state vision, but the effort remains a work in progress. For fiscal year 2017, IRS did not make clear how spending by themes relates to appropriation accounts and how this advances IRS's priorities; this linkage is important to the clarity and transparency of IRS's budget presentation. Appropriations staff told us this information would help them make informed budget and oversight decisions. While IRS faces data challenges that may limit its ability to fully link funding requests to appropriation accounts, providing these linkages to the extent feasible will improve transparency and provide Congress with information to assist in making informed decisions. Additionally, accurate and timely budget data are key to effective congressional oversight. Since IT is such a significant portion -- about 21 percent -- of the total budget request for IRS, it is particularly important to have robust controls in place to ensure the data's accuracy.

Recommendations for Executive Action

To enhance the budget process and to improve transparency, we recommend that the Commissioner of Internal Revenue, to the extent feasible, ensure that the CJ includes data by appropriation account on the amount of funding requested to maintain current services for each future state theme.

As Treasury works with IRS to improve the quality and accuracy of budget data, we recommend that the Secretary of the Treasury ensure sufficient controls are in place to make certain that the information technology investment reports generated from SPIKE are accurate. This includes, for example, taking steps to reduce the need for manual corrections to the data.

Agency Comments and Our Evaluation

We provided a draft of this report to the Commissioner of Internal Revenue and the Secretary of the Treasury for comment. In written comments reproduced in Appendix IV, IRS agreed with the recommendation related to the presentation of data in the Congressional Justification. IRS plans to provide a robust description of planed activities and outcomes for funding requested to maintain current services. Given IRS's emphasis on the future state, budget data on the amount requested to maintain current services for each theme is particularly valuable. In a separate email response, Treasury agreed with the recommendation related to information technology internal controls. Treasury noted that it plans to implement improvements to SPIKE in the next few months that would address our recommendation by avoiding the need for manual corrections moving forward. IRS and Treasury also provided technical comments which were incorporated as appropriate.

We are sending copies of this report to the Chairman and Ranking Members of other Senate and House committees and subcommittees that have appropriation, authorization, and oversight responsibilities for IRS.

We are also sending copies to the Commissioner of Internal Revenue, the Secretary of the Treasury, and other interested parties. In addition, the report is available at no charge on the GAO website at http://www.gao.gov.

If you or your staff have any questions about this report, please contact me at (202) 512-9110 or mctiguej@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff who made key contributions to this report are listed in appendix V.

James R. McTigue, Jr.

 

Director, Tax Issues

 

Strategic Issues

 

FOOTNOTES

 

 

1 For IRS budget and full-time equivalent data, see appendix I.

2 GAO, Internal Revenue Service: Preliminary Observations on the Fiscal Year 2017 Budget Request and 2016 Filing Season Performance, GAO-16-459R (Washington, D.C.: Mar. 8, 2016).

3 The President's budget request for fiscal year 2013 contains actual data from fiscal year 2011. The President's budget request for fiscal year 2014 contains actual data for fiscal year 2012.

4 GAO, Standards for Internal Control in the Federal Government, GAO-14-704G (Washington, D.C.: September 2014).

5 In addition to the amount appropriated to these four accounts, IRS supplements its budgetary resources through collections, such as user fees, which are not appropriated annually. Also, in addition to the appropriations for these four accounts, $290 million was appropriated for "measurable improvements in the customer service representative level of service rate, to improve the identification and prevention of refund fraud and identity theft, and to enhance cybersecurity to safeguard taxpayer data" to be transferred to the Enforcement, Operations Support, or Taxpayer Services accounts. Pub. L. No. 114-113, div. E, § 113, 129 Stat. 2242, 2430 (Dec. 18, 2015). The amounts listed here reflect those transfers.

6 Office of Management and Budget, Circular No. A-11, Preparation, Submission, and Execution of the Budget, (Washington, D.C.: June 2015).

7 GAO, A Glossary of Terms Used in the Federal Budget Process, GAO-05-734SP (Washington, D.C.: September 2005).

8 Pub. L. No. 103-329, title 1, § 3, 108 Stat. 2382, 2388-2389 (Sept. 30, 1994).

9 Pub. L. No. 109-115, div. A, title II, § 209, 119 Stat. 2396, 2439 (Nov. 30, 2005).

10 Total IT investments ranged from 19 to 21 percent of total budgetary resources from fiscal years 2011 to 2017.

11 Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, div. E, § 113, 129 Stat. 2242, 2430 (Dec. 18, 2015).

12 IRS only listed program increases under three of the six themes in the fiscal year 2017 CJ.

13 161 Cong. Rec. H10135 (Dec. 17, 2015).

14 GAO-12-193.

15 User fees under the Return Preparer Program and the Photocopy Program are applied only towards the reimbursement of the costs of managing those two programs respectively. The Historical Easement Fee is required to be used to fund enforcement compliance with that specific requirement. 26 U.S.C. § 170(f)(13)(C). In fiscal year 2016, this totaled $13.3 million.

16 For more information about continuing resolutions, see GAO, Continuing Resolutions: Uncertainty Limited Management Options and Increased Workload in Selected Agencies, GAO-09-879 (Washington, D.C.: Sept. 24, 2009).

17 31 U.S.C. § 902(a)(8). Also, see OMB Circular A-25, § 8(e).

18 GAO, IRS 2016 Budget: IRS Is Scaling Back Activities and Using Budget Flexibilities to Absorb Funding Cuts, GAO-15-624 (Washington, D.C.: June 24, 2015).

19 The remaining PPACA funding between fiscal years 2010 and 2015 was from the Department of Health and Human Services Health Insurance Reform Implementation Fund ($559 million, 34 percent), Taxpayer Services ($77 million, 5 percent), and Enforcement ($53 million, 3 percent).

20 Treasury guidance defines a major investment as one that costs $10 million in either the current year or budget year, costs $50 million over the 5-year period extending from the prior year through 2 years after the budget year, or meets other specific criteria established by Treasury or OMB, such as having significant program or policy implications. OMB has instructed agencies not to categorize IT capital planning and Chief Information Officer function investments as major IT investments.

21 See appendix II for a summary of IRS's major IT investments.

22http://www.treasury.gov/about/budget-performance/pages/summary-of-capital-investments.aspx.

23 Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, div. E, § 123, 129 Stat. 2242, 2432 (Dec. 18, 2015).

24 SPIKE is Treasury's capital planning portfolio management tool. SPIKE is used to generate data for the Capital Investment Plan and the Summary of Capital Investments.

25 GAO, Standards for Internal Control in the Federal Government, GAO-14-704G (Washington, D.C.: September 2014).

26 See GAO-15-624. For other budget-related recommendations that remain open, see appendix III.

 

END OF FOOTNOTES

 

 

* * * * *

 

 

Appendix I: Internal Revenue Service Funding and Full-Time

 

Equivalents Data from Fiscal Year 2011 through 2017

 

 

Table 5: Internal Revenue Service (IRS) Funding, Fiscal Years 2011

 

through 2016 Enacted and 2017 Requested (Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 28.]

 

 

 

 

Table 6: Internal Revenue Service (IRS) Full-Time Equivalents

 

(FTE), Fiscal Years 2011 through 2015 Actual, 2016 Enacted,

 

and 2017 Requested

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 29.]

 

 

 

 

* * * * *

 

 

Appendix II: Summary of the Internal Revenue Service's

 

Major Information Technology Investments

 

 

In the fiscal year 2017 Capital Investment Plan, the Internal Revenue Service (IRS) did not report life-cycle costs of its major information technology (IT) investments since most investments were considered ongoing with an undetermined useful life. Instead, IRS provided total anticipated outlays for the investments through fiscal year 2021.

 

Table 7: Major IT Investments (Dollars in Millions)

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 30.]

 

 

 

 

 

 

 

 

* * * * *

 

 

Appendix III: Our Open Budget-Related Recommendations to the

 

Internal Revenue Service

 

 

[ Editor's Note: For a searchable version of the table,

 

see , p. 33.]

 

 

 

 

 

 

 

 

* * * * *

 

 

Appendix IV: Comments from the Internal Revenue Service

 

 

July 5, 2016

 

 

Mr. James R. McTigue, Jr.

 

Director, Tax Issues

 

U.S. Government Accountability Office

 

441 G Street, N.W.

 

Washington, DC 20548

 

 

Dear Mr. McTigue:

Thank you for the opportunity to review the draft GAO report, IRS 2017 BUDGET: IRS Could Improve Presentation of Budget Data in Its Congressional Justification (GAO-16-695). We appreciate that GAO recognizes the important role our service and compliance programs provide to all taxpayers. As in prior years, the IRS Congressional Justification (CJ) reflects continued improvements in the transparency, data quality, and accuracy of budget data through the strengthening of validation processes and controls.

Below are the IRS's comments on each specific recommendation.

Recommendation #1: To the extent feasible, ensure that the Congressional Justification includes data by appropriation account on the amount of funding requested to maintain current services for each future state theme.

Comment:

We agree with this recommendation. To ensure transparency and ease of communicating the Service's base and requested investments, the IRS will ensure its budget requests are identified by appropriation account with a robust description of what it expects to achieve at base funding levels and how the requested initiatives would improve performance and program delivery.

Recommendation #2: The Secretary of the Treasury should ensure sufficient controls are in place to make certain that the information technology investment reports generated from SharePoint Knowledge Information Exchange (SPIKE) system are accurate. This includes, for example, taking steps to reduce the need for manual corrections to the data.

Comment:

Since this recommendation is addressed to Department of the Treasury, we provided this document to them for review. Treasury indicated that they will provide a written response directly to GAO.

If you have any questions, please contact me, or a member of your staff may contact Ursula S. Gillis, Chief Financial Officer, at (202) 317-6400.

Sincerely,

 

 

Jeffrey J. Tribiano

 

Deputy Commissioner for Operations

 

Support

 

* * * * *

 

 

Appendix V: GAO Contact and Staff Acknowledgments

 

 

GAO Contact

James R. McTigue, Jr. (202) 512-9110, mctiguej@gao.gov

Staff Acknowledgments

In addition to the individual named above, the following staff made key contributions to this report: Thomas Gilbert, Assistant Director; Melissa King, Analyst-in-Charge; Charles Fox; Robert Gebhart; Carol Henn; Laurie King; Edward Nannenhorn; Sabine Paul; Bradley Roach; Robert Robinson; Cynthia M. Saunders; Andrew J. Stephens; and Elwood White.

GAO's Mission

The Government Accountability Office, the audit, evaluation, and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO's commitment to good government is reflected in its core values of accountability, integrity, and reliability.

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