A. Reporting Entity
The Department has a wide range of responsibilities which include: detecting, apprehending, prosecuting, and incarcerating criminal offenders; operating Federal prison factories; upholding the civil rights of all Americans; enforcing laws to protect the environment; ensuring healthy competition of business in the United States free enterprise system; safeguarding the consumer from fraudulent activity; carrying out the immigration laws of the United States; and representing the American people in all legal matters involving the United States Government. Under the direction of the Attorney General, these responsibilities are discharged by the components of the Department.
For purposes of these consolidated/combined financial statements, the following components comprise the Departments reporting entity:
Transferred to Department of Homeland Security pursuant to the Homeland Security Act of 2002 effective March 1, 2003:
B. Basis of Presentation
These financial statements have been prepared to report the financial position and results of operations of the Department as required by the Government Management Reform Act of 1994, Public Law 103-356, 108, Stat. 3515. These financial statements have been prepared from the books and records of the Department in accordance with accounting principles generally accepted in the United States of America issued by the Federal Accounting Standards Advisory Board (FASAB) and presentation guidelines in the Office of Management and Budget (OMB) Bulletin 01-09, Form and Content of Agency Financial Statements. These financial statements are different from the financial reports prepared pursuant to OMB directives which are used to monitor and control the use of the Departments budgetary resources. The accompanying financial statements include the accounts of all funds under the Departments control.
FPI, a reporting component of the Department of Justice, operates as a government corporation and does not receive annual appropriations. The budgetary accounting data is presented to best represent the budget activity of FPI based solely on proprietary accounting data.
C. Basis of Consolidation
The consolidated/combined financial statements of the Department include the accounts of the AFF/SADF, WCF, OBDs, USMS, OJP, DEA, FBI, ATF, INS, BOP, and FPI. All significant proprietary intra-entity transactions and balances have been eliminated in consolidation. The Statements of Budgetary Resources and Statements of Custodial Activity are combined statements for FYs 2004 and 2003, and as such, intra-entity transactions have not been eliminated. For FY 2003, the ATF and INS are only presented for approximately eight and five months, respectively.
D. Basis of Accounting
Transactions are recorded on an accrual and a budgetary basis of accounting. Under the accrual basis, revenues are recorded when earned and expenses are recorded when incurred, regardless of when cash is exchanged. Under the budgetary basis, however, funds availability is recorded based upon legal considerations and constraints. As a result, similar line items on the proprietary financial statements, budgetary financial statements, and notes may not equal. Examples include, but are not limited to, the following:
Custodial activity reported on the Statement of Custodial Activity is prepared on the modified cash basis. For example, Civil and Criminal Debt Collections are recorded when the Department receives payment from debtors to the Federal Government.
The financial statements should be read with the realization that they are for a component of the United States Government, a sovereign entity. One implication of this is that liabilities cannot be liquidated without legislation that provides resources and legal authority to do so.
E. Revenues and Other Financing Sources
The Department receives the majority of funding needed to support its programs through Congressional appropriations. The Department receives annual, no-year, and multi-year appropriations that may be used, within statutory limits, for operating and capital expenditures. Additional funding is obtained through exchange revenues, nonexchange revenues and transfers-in.
Appropriations are recognized as budgetary financing sources at the time the related program or administrative expenses are incurred. Exchange revenues are recognized when earned, for example, when goods have been delivered or services rendered. Nonexchange revenues are resources that the Government demands or receives, for example, forfeiture revenue and fines and penalties.
The Departments exchange revenue consists of the following activities: licensing fees to manufacture and distribute controlled substances; services rendered for legal activities; space management; data processing services; sale of merchandise and telephone services to inmates; sale of manufactured goods and services to other federal agencies; fees for inspecting commercial and/or sea vessel passengers; processing various immigration applications; and other services. Fees are set by law and are periodically evaluated in accordance with OMB guidance. The pricing policy for FPI goods and services provided is based on cost plus a predetermined gross margin ratio.
The Departments nonexchange revenue consists of forfeiture income resulting from the sale of forfeited property, penalties in lieu of forfeiture, recovery of returned asset management cost, judgment collections, and other miscellaneous income. Other nonexchange revenue includes the OJP Crime Victims Fund receipts, ATF taxes and fees from firearms and ammunition industries, and AFF/SADF interest on investments with the Department of the Treasury (Treasury).
The Departments deferred revenue includes fees received for processing various applications and licenses with DEA. Deferred revenue represents monies received to process applications and licenses for which the process was not completed at the end of fiscal year or monies received for licenses that are valid for multiple years. These monies are recorded as liabilities in the financial statements. Deferred revenue also includes forfeited property held for sale. When the property is sold, the deferred revenue is reversed and forfeiture revenue in the amount of the gross proceeds of the sale is recorded.
F. Fund Balance with the US Treasury and Cash
Funds with the Treasury represent primarily appropriated, revolving, and trust funds available to pay current liabilities and finance future authorized purchases. The Treasury as directed by authorized certifying officers processes cash receipts and disbursements. The Department does not, for the most part, maintain cash in commercial bank accounts. Certain receipts, however, are processed by commercial banks for deposit into individual accounts maintained at the Treasury. The Departments cash and other monetary assets consist of undeposited collections, imprest funds, cash used in undercover operations, cash held as evidence, and seized cash.
G. Investments
Investments are Federal debt securities issued by the Bureau of Public Debt. When securities are purchased, the investment is recorded at face value (the value at maturity). Premiums and/or discounts are amortized through the end of the reporting period. The Departments intent is to hold investments to maturity, unless securities are needed to sustain operations. No provision is made for unrealized gains or losses on these securities because, in the majority of cases, they are held to maturity.
H. Accounts Receivable
Net accounts receivable includes reimbursement and refund receivables due from Federal agencies and others, less the allowance for doubtful accounts. Generally, most intragovernmental accounts receivable are considered fully collectible. The allowance for doubtful accounts for public receivables is estimated based on past collection experience and analysis of outstanding receivable balances at year end.
I. Inventory and Related PropertyInventories consist of new and rehabilitated office furniture, equipment and supplies used for the repair of airplanes, administrative supplies and materials, commission sales to inmates (sundry items), metals, plastics, electronics, graphics, and optics.
The value of new stock is determined on the basis of acquisition cost, whereas, the value of rehabilitated stock is determined on the basis of rehabilitation and transportation costs. Inventory on hand at year end is reported at the lower of original cost (using the first-in, first-out method) or current market value. Recorded values of inventories are adjusted for the results of physical inventories conducted throughout and at the close of the fiscal year.
An allowance for inventory valuation and obsolescence is recorded for anticipated inventory losses of contracts where the current estimated cost to manufacture the item exceeds the total sales price, as well as estimated losses for inventories that may not be utilized in the future.
J. General Property, Plant and Equipment
Real property, except for land, and leasehold improvements are capitalized when the cost of acquiring and/or improving the asset is $100 or more and the asset has a useful life of two or more years. Land is capitalized regardless of the acquisition cost. Real property is depreciated, based on historical cost, using the straight-line method over the estimated useful lives of the assets.
Except for BOP and FPI, Department acquisitions of personal property, excluding internal use software, $25 and over are capitalized if the asset has an estimated useful life of two or more years. Personal property is depreciated, based on historical cost, using the straight-line method over the estimated useful lives of the assets. BOP and FPI capitalize personal property acquisitions over $5.
Internal use software is capitalized when developmental phase costs or enhancement costs are $500 or more and the asset has an estimated useful life of two or more years. Aircraft are capitalized when the initial cost of acquiring those assets is $100 or more.
K. Advances and Prepayments
Advances and prepayments, classified as assets on the balance sheet, consist primarily of funds disbursed to grantees in excess of total expenditures made by those grantees to third parties, funds advanced to state and local participants in the DEA Domestic Cannabis Eradication and Suppression Program, and travel advances issued to Federal employees for official travel. Travel advances are limited to meals and incidental expenses expected to be incurred by the employees during official travel. Payments in advance of the receipt of goods and services are recorded as prepaid charges at the time of payment and are recognized as expenses when the goods and services are received.
L. Forfeited and Seized Property
Forfeited property is property for which the title has passed to the US Government. This property is recorded at the estimated fair market value at the time of forfeiture. The value of the property is reduced by the estimated liens of record.
Property is seized in consequence of a violation of public law. Seized property can include monetary instruments, real property, and tangible personal property of others in the actual or constructive possession of the custodial agency. Most non-cash property is held by the USMS from the point of seizure until its disposition. This property is recorded at the estimated fair market value at the time of seizure.
M. Non-Entity Assets
Non-entity assets are not available for use by the Department and consist of restricted undisbursed civil and criminal debt collections, cash bonds, and seized cash and other monetary assets.
N. Liabilities, Loans and Interest Payable to the US Treasury
Liabilities represent the monies or other resources that are likely to be paid by the Department as the result of a transaction or event that has already occurred. However, no liability can be paid by the Department absent proper budget authority. Liabilities that are not funded by the current year appropriation are classified as liabilities not covered by budgetary resources in Note 15.
Congress granted the FPI borrowing authority pursuant to Public Law 100-690. Under this authority, the FPI borrowed $20,000 from the Treasury with a lump-sum maturity date of September 30, 2008.
O. Contingencies and Commitments
The Department is involved in various legal actions, including administrative proceedings, lawsuits, and claims. A liability is generally recognized as an unfunded liability for those legal actions where unfavorable decisions are considered probable and an estimate for the liability can be made. Contingent liabilities that are considered possible are disclosed in the notes to the financial statements. Liabilities that are considered remote are not recognized in the financial statements or disclosed in the notes to the financial statements.
P. Annual, Sick and Other Leave
Annual and compensatory leave is expensed with an offsetting liability as it is earned and the liability is reduced as leave is taken. Each year, the balance in the accrued annual leave liability account is adjusted to reflect current pay rates. To the extent current or prior year appropriations are not available to fund annual and compensatory leave earned but not taken, funding will be obtained from future financing sources. Sick leave and other types of nonvested leave are expensed as taken.
Q. Interest on Late Payments
Pursuant to the Prompt Payment Act, 31 U.S.C. § 3901‑3907, Department of Justice pays interest on payments for goods or services made to business concerns after the due date. The due date is generally 30 days after receipt of a proper invoice or acceptance of the goods or services, whichever is later.
R. Retirement Plan
With few exceptions, employees hired before January 1, 1984, are covered by the Civil Service Retirement System (CSRS) and employees hired after that date are covered by the Federal Employees Retirement System (FERS). For employees covered by CSRS, the Department contributes 7% of the employees gross pay for regular and 7.5% for law enforcement officers retirement. For employees covered by FERS, the Department contributes 10.7% of employees gross pay for regular and 22.7% for law enforcement officers retirement. All employees are eligible to contribute to the Federal Thrift Savings Plan (TSP). For those employees covered by the FERS, a TSP account is automatically established, and the Department is required to contribute an additional 1% of gross pay to this plan and match employee contributions up to 4%. No matching contributions are made to the TSPs accounts established by the CSRS employees. The Department does not report CSRS or FERS assets, accumulated plan benefits, or unfunded liabilities, if any, which may be applicable to its employees. Such reporting is the responsibility of the Office of Personnel Management (OPM). Statement of Federal Financial Accounting Standards (SFFAS) No. 5, Accounting for Liabilities of the Federal Government, requires employing agencies to recognize the cost of pensions and other retirement benefits during their employees active years of service. Refer to Note 18Imputed Financing Sources for additional details.
S. Federal Employee Compensation Benefits
The Federal Employees Compensation Act (FECA) provides income and medical cost protection to covered Federal civilian employees injured on the job, employees who have incurred a work‑related occupational disease, and beneficiaries of employees whose death is attributable to a job‑related injury or occupational disease. The total FECA liability consists of an actuarial and an accrued portion as discussed below.
Actuarial Liability: The US Department of Labor (DOL) calculates the liability of the Federal Government for future compensation benefits, which includes the expected liability for death, disability, medical, and other approved costs. The liability is determined using the paid‑losses extrapolation method calculated over the next 37‑year period. This method utilizes historical benefit payment patterns related to a specific incurred period to predict the ultimate payments related to that period. The projected annual benefit payments were discounted to present value. The resulting Federal Government liability was then distributed by agency. The Department portion of this liability includes the estimated future cost of death benefits, workers' compensation, medical, and miscellaneous cost for approved compensation cases for the Department employees. The Department liability is further allocated to component reporting entities on the basis of actual payments made to the FECA Special Benefits Fund (SBF) for the three prior years as compared to the total Department payments made over the same period.
The FECA actuarial liability is recorded for reporting purposes only. This liability constitutes an extended future estimate of cost, which will not be obligated against budgetary resources until the fiscal year in which the cost is actually billed to the Department. The cost associated with this liability cannot be met by the Department without further appropriation action.
Accrued Liability: The accrued FECA liability is the amount owed to the DOL for the benefits paid from the FECA SBF.
T. Use of Estimates
The preparation of financial statements requires management to make certain estimates and assumptions that affect the reported amounts of assets and liabilities and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates.
The Fund Balance with Treasury amount reported in the financial statements represents the unexpended balance on the Departments books for the entire Departments Treasury Symbols:
| 2004 | 2003 | |
| Fund Balances: | ||
| Trust Funds | $525,556 | $737,850 |
| Revolving Funds | 431,884 | 500,920 |
| Appropriated Funds | 12,216,446 | 13,731,865 |
| Other Fund Types | 3,124,046 | 3,124,083 |
| Total Fund Balance with Treasury | $16,297,932 | $18,094,718 |
| Status of Fund Balances: | ||
| Unobligated Balance - Available | $2,197,018 | $2,704,766 |
| Unobligated Balance - Unavailable | 507,554 | 536,326 |
| Obligated Balance not yet Disbursed | 12,178,587 | 13,459,216 |
| Other Funds (With)/Without Budgetary Resources | 1,414,773 | 1,394,410 |
| Total Status of Fund Balances | $16,297,932 | $18,094,718 |
The unobligated balance for annual and multi-year budget authority may be used to incur new obligations for the purpose specified by the appropriation act. Annual and multi-year budget authority expires at the end of its period of availability. During the first through the fifth expired years, the unobligated balance becomes unavailable and may be used to adjust obligations and disbursements that were recorded before the budgetary authority expired or to meet a legitimate or bona fide need arising in the fiscal year for which the appropriation was made. The unobligated balance for no-year budget authority may be used to incur obligations indefinitely for the purpose specified by the appropriation act. No-year budget authority unobligated balances are still subject to the annual apportionment and allotment process.
Other Funds (With)/Without Budgetary Resources primarily represents the net difference of 1) Investments in short-term securities with budgetary resources, 2) Resources temporary not available pursuant to public law, 3) Custodial liabilities, and 4) Miscellaneous receipts.
| 2004 | 2003 | |
| Cash: | ||
| Undeposited Collections | $3,226 | $20,267 |
| Imprest Funds | 8,096 | 10,447 |
| Seized Cash Deposited | 31,550 | 51,115 |
| Other Cash | 1,105 | 2,272 |
| Total Cash | 43,977 | 84,101 |
| Foreign Currency | 330 | 207 |
| Monetary Assets: | ||
| Seized Monetary Instruments | 60,465 | 49,849 |
| Other Monetary Assets | 2,782 | 2,286 |
| Total Monetary Assets | 63,247 | 52,135 |
| Total Cash, Foreign Currency, and Monetary Assets | $107,554 | $136,443 |
| Face Value |
Unamortized | Investments Net |
Market Value |
||
| Premium | Discount | ||||
| As of September 30, 2004: Intragovernmental |
|||||
| Non-Marketable Federal Securities: | |||||
| Market Based | $1,508,171 | $75 | $(1,623) | $1,506,623 | $1,506,002 |
| Subtotal | 1,508,171 | $75 | $(1,623) | $1,506,623 | 1,506,002 |
| Accrued Interest | 553 | 553 | |||
| Total | $1,508,724 | $1,506,555 | |||
| As of September 30, 2003: Intragovernmental |
|||||
| Non-Marketable Federal Securities: | |||||
| Market Based | $1,451,060 | $134 | $(1,321) | $1,449,873 | $1,451,163 |
| Subtotal | 1,451,060 | $134 | $(1,321) | $1,449,873 | 1,451,163 |
| Accrued Interest | 546 | 546 | |||
| Total | $1,451,606 | $1,451,709 | |||
| 2004 | 2003 | |
| Intragovernmental | ||
| Accounts Receivable | $333,379 | $271,028 |
| Allowance for Uncollectible Accounts | (3,102) | (4,329) |
| Total Intragovernmental | 330,277 | 266,699 |
| With the Public | ||
| Accounts Receivable | 130,644 | 130,726 |
| Allowance for Uncollectible Accounts | (35,571) | (45,800) |
| Total With the Public | 95,073 | 84,926 |
| Total Accounts Receivable, Net | $425,350 | $351,625 |
| 2004 | 2003 | |
| Inventory: | ||
| Raw Materials | $78,348 | $68,970 |
| Work in Process | 37,941 | 29,321 |
| Finished Goods | 63,084 | 58,109 |
| Inventory Purchased for Resale | 16,099 | 15,563 |
| Inventory Allowances: | ||
| Excess, Obsolete and Unserviceable | (8,545) | (6,339) |
| Allowance | (5,110) | (3,359) |
| Operating Materials and Supplies: | ||
| Held for Current Use | 15,664 | 20,026 |
| Total Inventory and Related Property | $197,481 | $182,291 |
Equitable Sharing Payments:
The statute governing the use of the AFF (28 U.S.C. §524(c)) permits the payment of equitable shares of forfeiture proceeds to participating foreign governments and state and local law enforcement agencies. The statute does not require such sharing and permits the Attorney General wide discretion in determining those transfers. Actual sharing is difficult to predict because many factors influence both the amount and timing of disbursement of sharing payments, such as the length of time required to move an asset through the forfeiture process to disposition, the amount of net proceeds available for sharing, the elapse of time for Departmental approval of equitable sharing requests for cases with asset values exceeding $1 million, and appeal of forfeiture judgments. Because of uncertainties surrounding the timing and amount of any equitable sharing payment, an obligation and expense are recorded only when the actual disbursement of the equitable sharing payment is imminent. From FYs 1999 through 2004, equitable sharing allocation levels averaged $232,017. The anticipated equitable sharing allocation level for FY 2005 is $270,000.
Analysis of Change in Forfeited Property:
Pursuant to Federal Financial Accounting and Auditing Technical Release 4, Reporting on Non-Valued Seized and Forfeited Property, the value of forfeited property with no legal market in the United States (e.g., weapons, chemicals, drug paraphernalia, gambling devices, etc.) is not included in the net forfeited property value, although the item count of non-valued items is disclosed.
Fiscal Year Ended September 30, 2004:
| Forfeited Property Category | Beginning Balance | Adjustments FY 2004 | Forfeited During FY 2004 | Disposed During FY 2004 | Ending Balance |
Liens and Claims | Ending Balance Net of Liens | |
|---|---|---|---|---|---|---|---|---|
| Financial & Other | Number | 98 | (23) | 119 | 155 | 39 | - | 39 |
| Monetary Instruments | Value | $2,695 | $537 | $24,200 | $25,449 | $1,983 | $7 | $1,976 |
| Real Property | Number | 338 | 31 | 313 | 394 | 288 | - | 288 |
| Value | $51,207 | $5,383 | $51,221 | $66,818 | $40,993 | $345 | $40,648 | |
| Personal Property | Number | 3,824 | (82) | 8,001 | 9,602 | 2,141 | - | 2,141 |
| Value | $26,881 | $(2,512) | $54,683 | $55,112 | $23,940 | $932 | $23,008 | |
| Non-Valued | Number | 19,652 | (4,265) | 16,199 | 14,797 | 16,789 | - | 16,789 |
| Total | Number | 23,912 | (4,339) | 24,632 | 24,948 | 19,257 | - | 19,257 |
| Value | $80,783 | $3,408 | $130,104 | $147,379 | $66,916 | $1,284 | $65,632 |
During FY 2004, $95,247 of forfeited property was sold, $18,861 was returned to owners, and $33,271 was disposed of by other means. Other means of distribution include property transferred to other federal agencies for official use or equitable sharing, property distributed to a state or local agency, or property that is destroyed.
The number of items represents quantities calculated using many different units of measure. Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2004.
Fiscal Year Ended September 30, 2003:
| Forfeited Property Category | Beginning Balance |
Adjustments FY 2003 | Forfeited During FY 2003 |
Disposed During FY 2003 | Ending Balance |
Liens and Claims | Ending Balance Net of Liens | |
|---|---|---|---|---|---|---|---|---|
| Financial & Other | Number | 66 | (9) | 146 | 105 | 98 | - | 98 |
| Monetary Instruments | Value | $3,801 | $306 | $3,626 | $5,038 | $2,695 | $- | $2,695 |
| Real Property | Number | 283 | 49 | 364 | 358 | 338 | - | 338 |
| Value | $37,299 | $7,615 | $62,541 | $56,161 | $51,294 | $87 | $51,207 | |
| Personal Property | Number | 3,595 | 20 | 16,192 | 15,983 | 3,824 | - | 3,824 |
| Value | $26,068 | $(540) | $76,795 | $74,162 | $28,161 | $1,280 | $26,881 | |
| Non-Valued | Number | 791 | 8,803 | 17,875 | 7,817 | 19,652 | - | 19,652 |
| Total | Number | 4,735 | 8,863 | 34,577 | 24,263 | 23,912 | - | 23,912 |
| Value | $67,168 | $7,381 | $142,962 | $135,361 | $82,150 | $1367 | $80,783 |
During FY 2003, $73,562 of forfeited property was sold, $39,474 was returned to owners, and $22,325 was disposed of by other means. Other means of distribution include property transferred to other federal agencies for official use or equitable sharing, property distributed to a state or local agency, or property that is destroyed.
The number of items represents quantities calculated using many different units of measure. Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2003. The addition of ATF as a departmental law enforcement participant in the Asset Forfeiture Program (AFP) was effective January 24, 2003.
Analysis of Change in Seized Property and Evidence:
A seizure is the act of taking possession of goods in consequence of a violation of public law. Seized property consists of monetary instruments, real property and tangible personal property in the actual or constructive possession of the seizing and the custodial agencies. Such property is not legally owned by the Department until judicially or administratively forfeited. Seized evidence includes cash, financial instruments, non-monetary valuables and illegal drugs.
Pursuant to Federal Financial Accounting and Auditing Technical Release 4, Reporting on Non-Valued Seized and Forfeited Property, the value of seized property with no legal market in the United States (e.g., explosives, chemicals, drug paraphernalia, gambling devices, etc.) is not included in the net seized property value, although the item count of non-valued items is disclosed. The gross value of seized property, less estimated liens, equals the net seized property value.
Fiscal Year Ended September 30, 2004:
| Seized Property Category | Beginning Balance |
Adjustments FY 2004 | Seized During FY 2004 | Disposed During FY 2004 | Ending Balance | Liens and Claims | Ending Balance Net of Liens | |
|---|---|---|---|---|---|---|---|---|
| Seized for Forfeiture: | ||||||||
| Financial & Other | Number | 379 | 500 | 396 | 1,009 | 266 | - | 266 |
| Monetary Instruments | Value | $41,836 | $(13,844) | $31,703 | $37,027 | $22,668 | $270 | $22,398 |
| Real Property | Number | 323 | 4 | 358 | 272 | 413 | - | 413 |
| Value | $41,633 | $13,723 | $53,819 | $45,898 | $63,277 | $12,360 | $50,917 | |
| Personal Property | Number | 8,991 | 656 | 6,188 | 10,196 | 5,639 | - | 5,639 |
| Value | $82,037 | $1,608 | $93,117 | $82,235 | $94,527 | $9,721 | $84,806 | |
| Non-Valued | Number | 39,946 | 1,286 | 19,997 | 18,004 | 43,225 | - | 43,225 |
| Total Seized for | Number | 49,639 | 2,446 | 26,939 | 29,481 | 49,543 | - | 49,543 |
| Forfeiture | Value | $165,506 | $1,487 | $178,639 | $165,160 | $180,472 | $22,351 | $158,121 |
| Seized for | Number | 536,696 | (1,851) | 259,786 | 13,397 | 781,234 | - | 781,234 |
| Evidence | Value | $97,320 | $47 | $43,627 | $19,967 | $121,027 | $- | $121,027 |
| Number | 586,335 | 595 | 286,725 | 42,878 | 830,777 | - | 830,777 | |
| Total | Value | $262,826 | $1,534 | $222,266 | $185,127 | $301,499 | $22,351 | $279,148 |
During FY 2004, $108,898 of seized property was forfeited, $49,703 was returned to owners, and $26,526 was disposed of by other means. Other means of distribution include seized property that is sold, converted to cash, or destroyed.
Seized cash deposited (see Note 3) in the SADF of $31,550 is not presented in this note. Also, the number of items represents quantities calculated using many different units of measure. Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during the FY 2004.
Fiscal Year Ended September 30, 2003:
| Seized Property Category | Beginning Balance |
Adjustment FY 2003 | Seized During FY 2003 | Disposed During FY 2003 | Ending Balance | Liens and Claims | Ending Balance Net of Liens | |
|---|---|---|---|---|---|---|---|---|
| Seized for Forfeiture: | ||||||||
| Financial & Other | Number | 432 | (218) | 323 | 158 | 379 | - | 379 |
| Monetary Instruments | Value | $38,433 | $(21,186) | $27,959 | $3,162 | $42,044 | $208 | $41,836 |
| Real Property | Number | 301 | 15 | 312 | 305 | 323 | - | 323 |
| Value | $47,385 | $2,132 | $57,338 | $57,230 | $49,625 | $7,992 | $41,633 | |
| Personal Property | Number | 8,123 | 781 | 19,027 | 18,940 | 8,991 | - | 8,991 |
| Value | $83,977 | $(3,182) | $129,249 | $113,551 | $96,493 | $14,456 | $82,037 | |
| Non-Valued | Number | 625 | 44,007 | 13,508 | 18,194 | 39,946 | - | 39,946 |
| Total Seized for | Number | 9,481 | 44,585 | 33,170 | 37,597 | 49,639 | - | 49,639 |
| Forfeiture | Value | $169,795 | $(22,236) | $214,546 | $173,943 | $188,162 | $22,656 | $165,506 |
| Seized for | Number | 48,458 | (346) | 498,528 | 9,944 | 536,696 | - | 536,696 |
| Evidence | Value | $62,188 | $(12,607) | $102,058 | $54,319 | 97,320 | $- | $97,320 |
| Number | 57,939 | 44,239 | 531,698 | 47,541 | 586,335 | - | 586,335 | |
| Total | Value | $231,983 | $(34,843) | $316,604 | $228,262 | $285,482 | $22,656 | $262,826 |
During FY 2003, $129,071 of seized property was forfeited, $81,349 was returned to owners, and $17,842 was disposed of by other means. Other means of distribution include seized property that is sold, converted to cash, or destroyed.
Seized cash deposited (see Note 3) in the SADF of $51,115 is not presented in this note. Also, the number of items represents quantities calculated using many different units of measure. Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2003.
Analysis of Drug Evidence:
The DEA, FBI, and ATF have custody of illegal drugs taken as evidence for legal proceedings. In accordance with Federal Financial Accounting and Auditing Technical Release No. 4, Reporting on Non-Valued Seized and Forfeited Property, the Department reported the total amount of seized drugs below by quantity (kilograms) only, as illegal drugs have no value and are destroyed upon resolution of legal proceedings.
The following table represents the analysis of change in Seized Narcotics Held for FYs Ended September 30, 2004 and 2003. The amounts presented in the table represent actual laboratory tested classification and weight.
| Analyzed Drug Evidence |
Beginning Balance |
Analyzed During FY 2004 |
Disposed During FY 2004 |
Ending Balance |
|---|---|---|---|---|
| KG | KG | KG | KG | |
| Cocaine | 369,804 | 758,371 | 119,319 | 1,008,856 |
| Heroin | 10,850 | 911 | 780 | 10,981 |
| Marijuana | 101,364 | 18,088 | 21,053 | 98,399 |
| Methamphetamine | 5,829 | 2,019 | 1,354 | 6,494 |
| Other narcotics | 138,864 | 16,468 | 18,822 | 136,510 |
| Total | 626,711 | 795,857 | 161,328 | 1,261,240 |
| Analyzed Drug Evidence |
Beginning Balance |
Analyzed During FY 2003 |
Disposed During FY 2003 |
Ending Balance |
|---|---|---|---|---|
| KG | KG | KG | KG | |
| Cocaine | 321,724 | 85,633 | 37,553 | 369,804 |
| Heroin | 3,075 | 8,520 | 745 | 10,850 |
| Marijuana | 41,115 | 84,093 | 23,844 | 101,364 |
| Methamphetamine | 5,160 | 2,089 | 1,420 | 5,829 |
| Other narcotics | 67,017 | 87,605 | 15,758 | 138,864 |
| Total | 438,091 | 267,940 | 79,320 | 626,711 |
Unanalyzed drug evidence is qualitatively different from analyzed drug evidence because unanalyzed drug evidence includes the weight of packaging and drug categories are based on the determination of Special Agents instead of laboratory chemists. Unanalyzed drug evidence also includes bulk drugs housed in secured storage facilities of which only a sample is taken for laboratory analysis. For these reasons, unanalyzed drug evidence is not included in the tables above.
Items are generally depreciated using the straight line method.
| As of September 30, 2004: | Acquisition Cost | Accumulated Depreciation | Net Book Value | Service Life |
| Land and Land Rights | $200,128 | $- | $200,128 | N/A |
| Construction in Progress | 496,546 | - | 496,546 | N/A |
| Buildings, Improvements and Renovations | 7,607,738 | (1,982,596) | 5,625,142 | 24-50 yrs |
| Other Structures and Facilities | 565,110 | (202,369) | 362,741 | 10-50 yrs |
| Aircraft | 189,628 | (62,326) | 127,302 | 7-25 yrs |
| Boats | 2,882 | (1,339) | 1,543 | 18 yrs |
| Vehicles | 333,947 | (203,380) | 130,567 | 2-25 yrs |
| Equipment | 983,133 | (526,431) | 456,702 | 2-25 yrs |
| Assets Under Capital Lease | 111,840 | (42,226) | 69,614 | 5-20 yrs |
| Leasehold Improvements | 457,893 | (191,199) | 266,694 | 2-20 yrs |
| Internal Use Software | 85,850 | (38,166) | 47,684 | 5 yrs |
| Internal Use Software in Development Other General Property, Plant and | 76,464 | - | 76,464 | N/A |
| Equipment | 329 | (94) | 235 | 10-20 yrs |
| Total | $11,111,488 | $(3,250,126) | $7,861,362 |
| As of September 30, 2003: | Acquisition
Cost |
Accumulated Depreciation |
Net
Book Value |
Service Life |
| Land and Land Rights | $198,912 | $- | $198,912 | N/A |
| Construction in Progress | 959,068 | - | 959,068 | N/A |
| Buildings, Improvements and Renovations | 6,767,628 | (1,729,683) | 5,037,945 | 24-50 yrs |
| Other Structures and Facilities | 505,577 | (176,790) | 328,787 | 10-50 yrs |
| Aircraft | 200,027 | (65,611) | 134,416 | 7-25 yrs |
| Boats | 3,017 | (1,256) | 1,761 | 18 yrs |
| Vehicles | 262,082 | (160,978) | 101,104 | 2-25 yrs |
| Equipment | 881,544 | (475,122) | 406,422 | 2-25 yrs |
| Assets Under Capital Lease | 155,038 | (66,660) | 88,378 | 5-20 yrs |
| Leasehold Improvements | 371,018 | (143,875) | 227,143 | 2-20 yrs |
| Internal Use Software | 72,550 | (27,435) | 45,115 | 5 yrs |
| Internal Use Software in Development | 59,346 | - | 59,346 | N/A |
| Other General Property, Plant and Equipment | 4,616 | (1,779) | 2,837 | 10-20 yrs |
| Total | $10,440,423 | $(2,849,189) | $7,591,234 | |
| 2004 | 2003 | |
| Intragovernmental | ||
| Advances to Others | $88,362 | $103,319 |
| Prepayments | 13,747 | 12,043 |
| Other Intragovernmental Assets | 35 | 4 |
| Total Intragovernmental | 102,144 | 115,366 |
| Other Assets With the Public | 3,594 | 3,236 |
| Total Other Assets | $105,738 | $118,602 |
Other Assets With the Public primarily consists of farm livestock held by the Bureau of Prisons.
| 2004 | 2003 | |
| Intragovernmental | ||
| Fund Balance with US Treasury | $799,057 | $1,069,890 |
| Investments, Net | 561,867 | 497,490 |
| Total Intragovernmental | 1,360,924 | 1,567,380 |
| Cash and Monetary Assets | 93,174 | 103,251 |
| Accounts Receivable, Net | 11,344 | 5,006 |
| Total With the Public | 104,518 | 108,257 |
| Total Nonentity Assets | 1,465,442 | 1,675,637 |
| Total Entity Assets | 25,662,846 | 27,008,197 |
| Total Assets | $27,128,288 | $28,683,834 |
In FY 1998, Congress granted FPI borrowing authority pursuant to Public Law 100-690. Under this authority, FPI borrowed $20,000 from the Treasury with an extended lump-sum maturity date of September 30, 2008. The funds received under this loan were internally restricted for use in the construction of factories and the purchase of equipment. The loan accrues interest, payable March 31 and September 30 of each year, at 5.5% (the rate equivalent to the yield of Treasury obligations of comparable maturities which existed on the date of the loan extension). Accrued interest payable under the loan is either fully or partially offset to the extent the non-interest bearing cash deposits are maintained with the Treasury. In this regard, there is no accrual of interest unless the cash balance, on deposit with the Treasury, falls below $20,000. When this occurs, interest is calculated on the difference between the loan amount ($20,000) and the cash balance.
The loan agreement provides for certain restrictive covenants and a prepayment penalty for debt retirements prior to FY 2008. Additionally, the agreement limits authorized borrowings in an aggregate amount not to exceed 25% of the FPIs net equity. There were no net interest expenses for the years ended September 30, 2004 and 2003.
Capital leases include a Federal Detention Center (25 year lease term), an airplane hangar (20 year lease term) in Oklahoma City, Oklahoma, and a training facility (16 year lease term) in Pineville, Louisiana.
| Capital Leases: | 2004 | 2003 |
| Summary of Assets Under Capital Lease: | ||
| Land and Buildings | $104,070 | $104,070 |
| Machinery and Equipment | 7,770 | 50,968 |
| Accumulated Amortization | (42,226) | (66,660) |
| Total | $69,614 | $88,378 |
Future Payments Due:
| Fiscal Year | Land and Buildings |
Machinery and Equipment |
Total |
| 2005 | $10,577 | $1,657 | $12,234 |
| 2006 | 10,577 | 387 | 10,964 |
| 2007 | 10,577 | 171 | 10,748 |
| 2008 | 10,577 | 87 | 10,664 |
| 2009 | 10,196 | 5 | 10,201 |
| After 2009 | 47,771 | - | 47,771 |
| Subtotal | $100,275 | $2,307 | $102,582 |
| Less: Imputed Interest | (31,702) | (131) | (31,833) |
| FY 2004 Net Capital Lease Liability | $68,573 | $2,176 | $70,749 |
| FY 2003 Net Capital Lease Liability | $73,345 | $9,305 | $82,650 |
| 2004 | 2003 | ||
| Net Capital Lease Liability Covered by Budgetary Resources | $869 | $1,668 | |
| Net Capital Lease Liability Not Covered by Budgetary Resources | $69,880 | $80,982 |
Operating Leases:
Future Operating Lease Payments Due:
| Fiscal Year | Land and Buildings |
Machinery and Equipment |
Total |
| 2005 | $1,255,032 | $58,961 | $1,313,993 |
| 2006 | 1,353,404 | 41,460 | 1,394,864 |
| 2007 | 1,439,791 | 44,675 | 1,484,466 |
| 2008 | 1,534,210 | 42,769 | 1,576,979 |
| 2009 | 1,638,137 | 42,791 | 1,680,928 |
| After 2009 | 110,238 | 37,123 | 147,361 |
| Total Future Lease Payments | $7,330,812 | $267,779 | $7,598,591 |
Operating leases have been established for multiple years. Many of the operating leases that expire over an extended period of time include an option to purchase the equipment at the current fair market value, or to renew the lease for additional periods.
The majority of space occupied by the Department is leased from the GSA. The space is assigned to the Department by the GSA based on the Departments square footage requirements. The rent charged to the Department is intended to approximate commercial rates. Most of these leases may be terminated without incurring termination charges, however, it is anticipated that the Department will continue to lease space from the GSA in future years. Total future operating lease payments of $7,598,591 include GSA leases.
| 2004 | 2003 | |
| Intragovernmental Liabilities | ||
| Other Accrued Liabilities | $142 | $62 |
| Employer Contributions and Payroll Taxes Payable | 73,924 | 52,535 |
| Advances from Others | 273,060 | 316,508 |
| Liability for Deposit Fund, Clearing Accounts and Undeposited Collections | 15,884 | 19,686 |
| Other Liabilities | 128,681 | 72,514 |
| Total Intragovernmental | 491,691 | 461,305 |
| Other Accrued Liabilities | 3,556 | 3,399 |
| Advances from Others | 1,156 | 3,158 |
| Liability for Deposit Fund, Clearing Accounts and Undeposited Collections | 77,932 | 65,749 |
| Custodial Liabilities (Note 20) | 476,215 | 141,963 |
| Other Liabilities | 2,782 | 9,243 |
| Total With the Public | 561,641 | 223,512 |
| Total Other Liabilities | $1,053,332 | $684,817 |
Intragovernmental other liabilities primarily represent civil debt collections where the Treasury General Fund is designated as the recipient of either a portion of a collection or the entire amount of a collection.
| 2004 | 2003 | |
| Intragovernmental | ||
| Accrued FECA Liabilities (Note 1.S) | $176,813 | $162,551 |
| Other Liabilities | 50 | - |
| Total Intragovernmental | 176,863 | 162,551 |
| Actuarial FECA Liabilities (Note 1.S) | 829,337 | 839,749 |
| Accrued Annual and Compensatory Leave | 608,640 | 586,650 |
| Deferred Revenue (Note 1.E) | 101,977 | 66,589 |
| Contingent Liabilities (Note 16) | 106,881 | 67,919 |
| Capital Lease Liabilities (Note 13) | 69,880 | 80,982 |
| Future Radiation Exposure Compensation Act Liabilities (Note 26) | 588,617 | - |
| Other Liabilities | 3,553 | 3,399 |
| Total With the Public | 2,308,885 | 1,645,288 |
| Total Liabilities Not Covered by Budgetary Resources | 2,485,748 | 1,807,839 |
| Total Liabilities Covered by Budgetary Resources | 4,451,338 | 4,660,037 |
| Total Liabilities | $6,937,086 | $6,467,876 |
Generally, liabilities not covered by budgetary resources are liabilities for which Congressional action is needed before budgetary resources can be provided. However, some liabilities do not require appropriations and will be liquidated by the assets of the entities holding these liabilities. They include civil and criminal debt collections, seized cash and monetary instruments, and revolving fund operations.
The Department is party to various administrative proceedings, legal actions, and claims, including environmental damage claims, equal opportunity matters, and contractual bid protests. The balance sheet includes an estimated liability for those legal actions where the Chief Counsel considers adverse decisions probable. Management has determined that it is probable that some of these proceedings and actions will result in the incurrence of liabilities, and the amounts are reasonably estimable. The estimated liabilities for these cases at September 30, 2004 and 2003 were $106,881 and $67,919, respectively, and recorded in the financial statements.
There are also legal actions pending where adverse decisions are considered to be reasonably possible. As of September 30, 2004, 58 legal actions were reported as reasonably possible. Of the 58 legal actions, 37 reported a potential loss in the range of $160,538 to $223,238. For the remaining 21 legal actions an estimate of potential loss could not be determined.
Liabilities that are not covered by realized budgetary resources and for which there is not certainty that budgetary authority will be realized, such as the enactment of an appropriation, are considered liabilities not covered by budgetary resources. These liabilities totaling $2,485,748 and $1,807,839 on September 30, 2004 and 2003, respectively, are discussed in Note 15, Liabilities Not Covered by Budgetary Resources. These liabilities do not equal Components of Net Cost of Operations Requiring or Generating Resources in Future Periods on the Consolidated Statement of Financing. Total Components of Net Cost of Operations Requiring or Generating Resources in Future Periods include only current unfunded expense amounts and changes in unfunded exchange revenue receivables from the public, while the unfunded liabilities represent both current and prior year unfunded expense amounts. The increases and decreases below represent the absolute value of the changes in the various Department components rather than a net number. Some of those liabilities represent current year activity to be funded by future resources and are comprised of the following:
| FY 2004 | FY 2003 | |
| Decreases in Liabilities Not Covered by Budgetary Resources | ||
|
Decrease in Accrued FECA Liabilities |
$(765) | $(1,200) |
| Decrease in Actuarial FECA Liabilities | (25,242) | (32,731) |
| Decrease in Accrued Annual and Compensatory Leave | (5,858) | (524) |
| Decrease in Contingent Liabilities | (11,452) | (31,701) |