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    Subject Term: "Fines (penalties)"

    4 publications with a total of 17 open recommendations
    Director: J. Lawrence Malenich
    Phone: (202) 512-9399

    7 open recommendations
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Acting Administrator of the General Services Administration (GSA) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: General Services Administration
    Status: Open

    Comments: GSA agreed with our recommendation and stated that it is developing a comprehensive plan to address the recommendation. GSA also stated that its projected time frame for publishing the catch-up inflation adjustment ruling is the end of October 2017, after completing the review and concurrence process.
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Acting Chairman of the National Transportation Safety Board (NTSB) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: National Transportation Safety Board
    Status: Open

    Comments: In an e-mail commenting on our draft report, the Governmental Affairs Liaison at NTSB stated that NTSB plans to publish the initial catch-up inflation adjustment in October 2017.
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Secretary of Agriculture (USDA) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: Department of Agriculture
    Status: Open

    Comments: In response to our request for comments on our draft report and recommendation to USDA, the Attorney-Advisor in the Office of General Counsel at USDA stated in an e-mail that USDA did not have any comments.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Chairman of the Federal Election Commission (FEC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in FEC's 2017 AFR.

    Agency: Federal Election Commission
    Status: Open

    Comments: In response to our request for comments on our draft report and recommendation to FEB, the Director of Congressional, Legislative and Intergovernmental Affairs at FEC stated in an e-mail that FEC had no comments.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Acting Chairman of the Federal Maritime Commission (FMC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in FMC's 2017 AFR.

    Agency: Federal Maritime Commission
    Status: Open

    Comments: In responding to our draft report, FMC stated that it plans to publish updates to its civil monetary penalty information in its 2017 performance and accountability report.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Chairman of the National Indian Gaming Commission (NIGC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in the Department of the Interior's 2017 AFR.

    Agency: National Indian Gaming Commission
    Status: Open

    Comments: In response to our request for comments on our draft report, NIGC stated that it generally agreed with our recommendation. In addition, NIGC stated that as an independent federal regulatory agency within the Department of the Interior (DOI), NIGC and DOI have developed procedures to ensure that the required civil monetary penalty information will be reported to DOI for its annual agency financial report starting with fiscal year 2017.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Director of OMB should clarify its guidance related to civil monetary penalty inflation adjustment information that agencies are required to report in the AFRs.

    Agency: Executive Office of the President: Office of Management and Budget
    Status: Open

    Comments: In response to our request for comment, OMB staff stated that they generally agreed with our recommendation.
    Director: James Cosgrove
    Phone: (202) 512-7114

    2 open recommendations
    Recommendation: To ensure that the HVBP program accomplishes its goal to balance quality and efficiency and to ensure that it minimizes the payment of bonuses to hospitals with lower quality scores, the Administrator of CMS should revise the formula for the calculation of hospitals' total performance score or take other actions so that the efficiency score does not have a disproportionate effect on the total performance score.

    Agency: Department of Health and Human Services: Centers for Medicare and Medicaid Services
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To ensure that the HVBP program accomplishes its goal to balance quality and efficiency and to ensure that it minimizes the payment of bonuses to hospitals with lower quality scores, the Administrator of CMS should revise the practice of proportional redistribution used to correct for missing domain scores so that it no longer facilitates the awarding of bonuses to hospitals with lower quality scores.

    Agency: Department of Health and Human Services: Centers for Medicare and Medicaid Services
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Clark, Cheryl E
    Phone: (202) 512-9377

    6 open recommendations
    Recommendation: The Commissioner of IRS should direct the appropriate IRS officials to develop and implement agency-wide procedures to routinely monitor the accuracy of penalties recorded in taxpayer accounts to timely detect and correct errors.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: During fiscal year 2015, IRS conducted a trial quality review to evaluate the accuracy of penalty assessments recorded in a sample of taxpayer accounts and took action to address the errors it identified. Based on its trial review, IRS developed procedures for performing this type of review in June 2016 and informed us that it would formalize procedures in the IRM to include routine monitoring and testing of the accuracy of penalty assessments in taxpayer accounts. However, as of September 30, 2016, IRS had not implemented these procedures or documented them in the IRM. We will continue to evaluate IRS's actions to address this recommendation during our fiscal year 2017 audit.
    Recommendation: The Commissioner of IRS should direct the appropriate IRS officials to determine the reason(s) why taxpayer assistance centers (TAC) managers and personnel did not consistently comply with existing Internal Revenue Manual (IRM) requirements that TAC managers and personnel (1) perform and document reviews of the Follow-Up Review Log by the last day of the following month, (2) maintain control copies of transmittal forms, and (3) ship taxpayer receipts and information via traceable overnight mail and, based on this determination, establish a process to better enforce compliance with these requirements.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: IRS's efforts to address this recommendation are ongoing. IRS stated that it has performed a study of the causes of noncompliance with the IRM requirements and will complete all related corrective actions by May 2017. We will continue to evaluate IRS's actions to address this recommendation during our fiscal year 2017 audit.
    Recommendation: The Commissioner of IRS should update the IRM to require managers to reconcile transmittal forms with the Follow-Up Review Log to reasonably assure that personnel are properly entering transmittal forms into the log and are appropriately documenting follow-up on unacknowledged transmittals of taxpayer receipts and information.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: While IRS updated the IRM in April 2016 to require TAC managers to (1) perform a semiannual reconciliation of document transmittal forms to the associated Follow-Up Review Log to monitor employee compliance with IRM requirements and (2) document this reconciliation on Form 14698, Field Assistance Taxpayer Assistance Centers Remittance and Non-Remittance Log Reconciliation, our fiscal year 2016 audit testing identified instances where the use of the form was not fully implemented at the TACs we visited. Further, we continued to identify instances where TAC employees did not always (1) track document transmittals on the Follow-up Review Log and (2) follow up on late acknowledgments timely. In one instance, we found that TAC personnel did not document on the log the actions that were taken for a package that was lost; however, the manager had completed a review of the Follow-up Review Log. We will continue to evaluate the results of IRS's corrective actions during our fiscal year 2017 audit.
    Recommendation: The Commissioner of IRS should direct the appropriate IRS officials to establish a process to ensure that the requirement for unauthorized access awareness training is explicitly communicated to non-IRS contractors who have unescorted access to IRS facilities.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: IRS's efforts to address this recommendation are ongoing. IRS stated that by July 2017, it will partner with FPS and GSA to establish a process to help ensure that all contractors who require unescorted access are first approved for interim or final staff-like access and complete mandatory information protection and security awareness training within 10 business days of approved staff-like access. We will continue to evaluate IRS's actions to address this recommendation during our fiscal year 2017 audit.
    Recommendation: The Commissioner of IRS should direct the appropriate IRS officials to establish procedures to monitor whether non-IRS contractors with unescorted physical access to IRS facilities are receiving unauthorized access awareness training.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: IRS's efforts to address this recommendation are ongoing. IRS stated that by July 2017, it will send out a communication to its FMSS field offices that will include SOPs for monitoring training and acquiring unauthorized access awareness training documentation for each non-IRS contract employee. We will continue to evaluate IRS's actions to address this recommendation during our fiscal year 2017 audit.
    Recommendation: The Commissioner of IRS should direct the appropriate IRS officials to determine why staff did not consistently comply with IRS's existing requirements for the final candling of receipts at service center campuses and lockbox banks, including logging remittances found during final candling on the final candling log at the time of discovery, safeguarding the remittances at the time of discovery, transferring the remittances to the deposit unit promptly, and passing one envelope at a time over the light source, and based on this determination, establish a process to better enforce compliance with these requirements.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: IRS's efforts to address this recommendation are ongoing. IRS stated that by July 2017, it will identify and analyze the risks associated with candling at the SCCs and lockbox banks, along with any mitigating factors, to determine if further actions are warranted. We will continue to evaluate IRS's actions to address this recommendation during our fiscal year 2017 audit.
    Director:
    Phone:

    2 open recommendations
    Recommendation: The Commissioner of Internal Revenue should match independent contractors' information returns with their tax returns to more systematically identify employers who are misclassifying employees as independent contractors and to better target audit resources for doing employment tax examinations.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open

    Comments: Call 202/512-6100 for additional information.
    Recommendation: Section 630 of the Revenue Act of 1978 restricts IRS' authority to ensure that current and future classifications will be correct. In view of the equity issues and tax revenues involved, Congress may wish to consider repealing this restriction against requiring employers to prospectively reclassify employees who have been misclassified as independent contractors.

    Agency: Congress
    Status: Open

    Comments: Call 202/512-6100 for additional information.