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Testimony: 

Before the Subcommittee on Federal Financial Management, Government 
Information, and International Security, Committee on Homeland Security 
and Governmental Affairs, U.S. Senate: 

For Release on Delivery Expected at 2:00 p.m. EST Wednesday, July 27, 
2005: 

Securities and Exchange Commission: 

Results of Fiscal Year 2004 Financial Audit: 

Statement of David M. Walker, Comptroller General of the United States: 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-880T]: 

GAO Highlights: 

Highlights of GAO-05-880T, testimony before the Subcommittee on Federal 
Financial Management, Government Information, and International 
Security, Committee on Homeland Security and Governmental Affairs, U.S. 
Senate: 

Why GAO Did This Study: 

Pursuant to the Accountability for Tax Dollars Act of 2002, the 
Securities and Exchange Commission (SEC) is required to prepare and 
submit to Congress and the Office of Management and Budget audited 
financial statements. GAO agreed, under its audit authority, to 
perform the initial audit of SEC’s financial statements. GAO’s audit 
was done to determine whether, in all material respects, (1) SEC’s 
fiscal year 2004 financial statements were reliable, (2) SEC’s 
management maintained effective internal control over financial 
reporting and compliance with laws and regulations, and (3) SEC’s 
management complied with applicable laws and regulations. 

Established in 1934 to enforce the securities laws and protect 
investors, the SEC plays an important role in maintaining the integrity 
of the U.S. securities markets. 

GAO was asked by the Chairman of the Senate Subcommittee on Federal 
Financial Management, Government Information, and International 
Security, Committee on Homeland Security and Governmental Affairs, to 
present the results of its May 26, 2005, report, Financial Audit: 
Securities and Exchange Commission’s Financial Statements for Fiscal 
Year 2004 (GAO-05-244).

What GAO Found: 

The SEC’s first ever financial audit was performed by GAO for fiscal 
year 2004. In reporting on the results of the audit, GAO issued an 
unqualified, or clean, opinion on the financial statements of the SEC. 
This means that SEC’s financial statements presented fairly, in all 
material respects, its financial position as of September 30, 2004, and 
the results of operations for the year then ended. However, because of 
material internal control weaknesses in the areas of preparing 
financial statements and related disclosures, recording and reporting 
disgorgements and penalties, and information security, GAO issued an 
adverse opinion on internal controls, concluding that SEC did not 
maintain effective internal control over financial reporting as of 
September 30, 2004. However, SEC did maintain, in all material 
respects, effective internal control over compliance with laws and 
regulations material in relation to the financial statements as of 
September 30, 2004. In addition, GAO did not find reportable instances 
of noncompliance with laws and regulations it tested. It is important 
to remember that GAO’s opinions on SEC’s financial statements and 
internal controls reflect a point in time.

SEC prepared its first complete set of financial statements for fiscal 
year 2004 and made significant progress during the year in building a 
financial reporting structure for preparing financial statements for 
audit. However, GAO identified inadequate controls over SEC’s 
financial statement preparation process including a lack of sufficient 
documented policies and procedures, support, and quality assurance 
reviews, increasing the risk that SEC management will not have 
reasonable assurance that the balances presented in the financial 
statements and related disclosures are supported by SEC’s underlying 
accounting records. In addition, GAO identified inadequate controls 
over SEC’s disgorgements and civil penalties activities, increasing the 
risk that such activities will not be completely, accurately, and 
properly recorded and reported for management’s use in its decision 
making. 

GAO also found that SEC has not effectively implemented information 
system controls to protect the integrity, confidentiality, and 
availability of its financial and sensitive data, increasing the risk 
of unauthorized disclosure, modification, or loss of the data, possibly 
without detection. The risks created by these information security 
weaknesses are compounded because the SEC does not have a comprehensive 
monitoring program to identify unusual or suspicious access activities. 

SEC agreed with our findings and is currently working to improve 
controls in all these areas.

What GAO Recommends: 

www.gao.gov/cgi-bin/getrpt?GAO-05-880T.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Jeanette M. Franzel at 
(202) 512-9471 or franzelj@gao.gov.

[End of section] 

Mr. Chairman and Members of the Subcommittee: 

I am pleased to be here today to discuss the results of our audit of 
the Securities and Exchange Commission's (SEC) fiscal year 2004 
financial statements, the first complete set of financial statements 
SEC has prepared and has subjected to an independent audit.[Footnote 1] 
Our recent report,[Footnote 2] issued on May 26, 2005, presents the 
results of that audit. Today, I will discuss those results and the 
steps we believe SEC needs to take to improve its ability to produce 
timely and reliable financial statements, and to produce them 
efficiently and with reasonable assurance that they are fairly 
presented. These steps will also help SEC to produce complete and 
reliable information for internal management who make decisions about 
SEC operations and expenditures, and congressional stakeholders who 
provide oversight of SEC operations and make decisions about SEC 
funding. 

The results of our audit were mixed--a clean opinion on the financial 
statements and an adverse opinion on internal control. Because we 
detected three material weaknesses in internal control, we concluded 
that SEC's internal control did not reduce to a relatively low level 
the risk of misstatements material to the financial statements. In 
other words, mistakes may occur and either go undetected by employees 
in the normal course of their work or be detected too late to prevent 
errors or fraud. The material weaknesses we found relate to SEC's 
internal control over (1) preparing financial statements and the 
related disclosures, (2) recording and reporting of 
disgorgements[Footnote 3] and civil penalties,[Footnote 4] and (3) 
information security. It is important to remember that our opinions on 
SEC's financial statements and internal controls reflect a point in 
time. SEC has stated its commitment to enhancing its financial and 
operational effectiveness. We and others have made recommendations, 
which if successfully implemented, would help SEC to generate timely, 
reliable, and useful financial information with which to make informed 
decisions, manage daily operations, and ensure accountability on an 
ongoing basis. 

SEC has a very visible and prominent leadership role in promoting and 
enforcing accountability for corporations whose equity and debt 
securities are traded in the securities markets. Recently, this role 
has also encompassed helping to ensure the effective implementation of 
the Sarbanes-Oxley Act, with its emphasis on internal control and 
corporate governance for the companies it regulates. At a time when 
many corporations are striving to strengthen internal controls and 
improve financial reporting, SEC has the opportunity and responsibility 
to serve as a model of good practice. In that regard, SEC stated in its 
2004 Performance and Accountability Report, issued in May 2005, that 
SEC must lead by example with respect to the internal control 
requirements demanded of the private and federal sectors, and also 
articulated management's vision that SEC serve as the standard against 
which other federal agencies are measured. A higher standard of 
accountability is appropriate for SEC as a government regulatory 
agency; moreover, it is important to the success of SEC's programs, 
activities, and leadership in the business community and as a 
government regulator. 

Audit Results: 

In our audit of the fiscal year 2004 financial statements for SEC, we 
found: 

* the financial statements as of and for the fiscal year ended 
September 30, 2004, including the accompanying notes, are presented 
fairly, in all material respects, in conformity with U.S. generally 
accepted accounting principles;

* SEC did not have effective internal control over financial reporting 
(including safeguarding of assets), but had effective control over 
compliance with laws and regulations that could have a material effect 
on the financial statements as of September 30, 2004; and: 

* no reportable noncompliance with laws and regulations we tested. 

We issued an unqualified, or clean, opinion on the SEC's financial 
statements. This means that the financial statements and accompanying 
notes present fairly, in all material respects, SEC's financial 
position as of September 30, 2004, and, as well, certain other 
financial information that the statements must provide: net cost, 
changes in net position, budgetary resources, financing, and custodial 
activities for the year then ended. We also found that the statements 
conform to U.S. generally accepted accounting principles. In order to 
reach our conclusions about the financial statements, we (1) tested 
evidence supporting the amounts and disclosures in the financial 
statements, (2) assessed the accounting principles used and significant 
estimates made by management, and (3) evaluated the presentation of the 
financial statements. 

We found three material weaknesses in internal control and thus issued 
an adverse opinion on internal control--stating that SEC management did 
not maintain effective internal control over financial reporting and 
the safeguarding of assets as of September 30, 2004. Internal control 
over financial reporting consists of an entity's policies and 
procedures that are designed and operated to provide reasonable 
assurance about the reliability of that entity's financial reporting 
and its process for preparing and fairly presenting financial 
statements in accordance with generally accepted accounting principles. 
It includes policies and procedures for maintaining accounting records, 
authorizing receipts and disbursements, and the safeguarding of assets. 
Because SEC makes extensive use of computer systems for recording and 
processing transactions, SEC's financial reporting controls also 
include controls over computer operations and access to data and 
computing resources. 

Our opinion on SEC's internal control means that SEC's internal control 
did not reduce to a relatively low level the risk that misstatements 
material to the financial statements may occur and go undetected by 
employees in the normal course of their work. This conclusion on SEC's 
internal controls did not affect our opinion on SEC's financial 
statements. This is because during the audit process SEC made the 
adjustments identified during the audit as necessary for the fair 
presentation of its financial statements. However, the weaknesses we 
found could affect other, unaudited information used by SEC for 
decision making. Our evaluation of internal control covered SEC's 
financial reporting controls which also cover certain operational 
activities that result in SEC's financial transactions, such as 
activities pertaining to stock exchange transaction fees, public-filing 
fees, maintaining disgorgements and penalties receivable, payroll- 
related transactions, and others. 

We also tested SEC's compliance with selected provisions of laws and 
regulations that have a direct and material impact on the financial 
statements. For example, we tested for compliance with sections of the 
Securities Exchange Act of 1934, as amended, that requires SEC to 
collect fees from the national securities exchanges and the National 
Association of Securities Dealers based on volume of stock 
transactions, and sections of the Securities Act of 1933, as amended, 
that requires SEC to collect fees from registrants for public filings. 
Our tests found no instances of noncompliance that are reportable. We 
also found that SEC maintained, in all material respects, effective 
internal control over compliance. 

I would now like to discuss in detail the three material internal 
control weaknesses we found during our audit. 

Material Internal Control Weaknesses: 

SEC Needs to Improve Its Controls over Financial Statement Preparation 
and Reporting: 

We found that SEC did not have formalized processes or documentation 
for the procedures, systems, analysis of accounts, and personnel 
involved in developing key balances and preparing the financial 
statements and related disclosures. As I will discuss later, this issue 
is compounded by SEC's limitations with its financial management 
system. Also, SEC did not have formalized quality control or review 
procedures. As a result, we identified errors in the beginning asset 
and liability balances and in the September 30, 2004, draft financial 
statements prepared by SEC management, that if had not been corrected, 
would have resulted in materially misleading operating results for 
fiscal year 2004. 

SEC's lack of formalized processes, documented procedures, and quality 
assurance checks, significantly delayed the reporting of fiscal year 
2004 financial results, consumed significant staff resources, caused 
audit inefficiencies, and resulted in higher financial statement 
preparation and audit costs. I would like to highlight the following 
items we found: 

* SEC did not have documentation providing an explanation or a 
crosswalk between the financial statements and the source systems, 
general ledger accounts, account queries, and account analyses. 

* SEC did not maintain a subsidiary ledger for certain activities, such 
as customer deposit amounts pertaining to filing fees. 

* Accounting staff had difficulty in retrieving support for certain 
account balances, such as undelivered-order amounts, and for certain 
property and equipment leases. 

* Reconciliations of detail and summary account balances were not 
prepared for certain financial statement line items, such as for the 
customer deposit liability relating to filing fees and the associated 
earned filing fee revenue; the accounts receivable related to exchange 
fees and the related amount of earned exchange fee revenue; and the 
budgetary accounts related to undelivered and delivered orders, thus 
requiring SEC staff to create an audit trail after the fact. 

* There also was no consistent evidence of supervisory review of 
journal entries, including closing and adjusting journal entries made 
in connection with preparing quarterly and year-end financial 
statements. 

* Comprehensive accounting policies and procedures were still in draft 
or had not yet been developed for several major areas related to 
financial statements, including disgorgements and penalties, filing 
fees, exchange fees, and fixed asset capitalization. 

GAO's Standards for Internal Control in the Federal Government[Footnote 
5] requires that controls over the financial statement preparation 
process be designed to provide reasonable assurance regarding the 
reliability of the balances and disclosures reported in the financial 
statements and related notes in conformity with generally accepted 
accounting principles, including the maintenance of detailed support 
that accurately and fairly reflect the transactions making up the 
balances in the financial statements and disclosures. In addition, an 
effective financial management system includes policies and procedures 
related to the processing of accounting entries. 

SEC's difficulties in the area of financial statement preparation are 
exacerbated because SEC's financial management system is not set up to 
generate the user reports needed to perform analyses of accounts and 
activity on a real-time basis leading to SEC's staff-intensive and time-
consuming efforts to prepare financial statements. Because SEC does not 
maintain standard schedules for producing certain basic reports of 
account detail for analysis, users have to request reports generated on 
an ad hoc basis by a software application whose operations are known 
only to some SEC staff. Also, as I will discuss in more detail later, 
not all of SEC's systems used for tracking and recording financial data 
are integrated with the accounting system. 

Federal agencies preparing financial statements are required to develop 
a financial management system to prepare a complete set of statements 
on a timely basis in accordance with generally accepted accounting 
principles. The financial statements should be the product of an 
accounting system that is an integral part of an overall financial 
management system with structure, internal control, and reliable data. 
Office of Management and Budget Circular No. A-127, Financial 
Management Systems, requires that each agency establish and maintain a 
single integrated financial management system--basically a unified set 
of financial systems electronically linked for agencywide support. 
Integration means that the user is able to obtain needed information 
efficiently and effectively from any level of use or access point. 
(This does not necessarily mean having only one software application 
covering all financial management system needs or storing all 
information in the same database.) Interfaces between systems are 
acceptable as long as the information needed to enable reconciliation 
between the systems is accessible to managers. Interface linkages 
should be electronic unless the number of transactions is so small that 
it is not cost beneficial to automate the interface. Reconciliations 
between systems, where interface linkages are appropriate, should be 
maintained to ensure data accuracy. 

To support its financial management functions, SEC relies on several 
different systems to process and track financial transactions that 
include filing and exchange fees, disgorgements and penalties, property 
and equipment, administrative items pertaining to payroll and travel, 
and others. Not all of these systems are integrated with the accounting 
system. For example, the case-tracking system and the spreadsheet 
application used to account for significant disgorgement and penalty 
transactions and the system used to account for property and equipment 
are not integrated with the accounting system. Without a fully 
integrated financial management system, SEC decision makers run the 
risk of delays in attaining relevant data or using inaccurate 
information inadvertently while at the same time dedicating scarce 
resources toward the basic collection of information. 

A properly designed and implemented financial statement preparation and 
reporting process (which encompasses the financial management system) 
should provide SEC management with reasonable assurance that the 
balances presented in the financial statements and related disclosures 
are materially correct and supported by the underlying accounting 
records. To address the issues related to SEC's financial statement 
preparation and reporting processes, we recommended that SEC take the 
following 13 actions to improve controls over the process. 

1. Develop written policies and procedures that provide sufficient 
guidance for the year-end closing of the general ledger as well as the 
preparation and analysis of quarterly and annual financial statements. 

2. Establish clearly defined roles and responsibilities for the staff 
involved in financial reporting and the preparation of interim and year-
end financial statements. 

3. Prepare a crosswalk between the financial statements and the source 
systems, general ledger accounts, and the various account queries and 
analyses that make up key balances in the financial statements. 

4. Maintain subsidiary records or ledgers for all significant accounts 
and disclosures so that the amounts presented in the financial 
statements and footnotes can be supported by the collective 
transactions making up the balances. 

5. Perform monthly or periodic reconciliations of subsidiary records 
and summary account balances. 

6. Perform a formal closing of all accounts at an interim date or dates 
to reduce the level of accounting activity and analysis required at 
year-end. The formal closing entails procedures to ensure that all 
transactions are recorded in the proper period through the closing 
date, and then closing the accounting records so that no new entries 
can be posted during that period. 

7. Distinguish common closing and adjusting entries in a formal 
listing, which is used in the general ledger closing process and in 
preparing financial statements. 

8. Require supervisory review for all entries posted to the general 
ledger and financial statements, including closing entries. A 
supervisor should review revisions to previously approved entries and 
revised financial statements and footnotes. All entries and review 
should be documented. 

9. Establish milestones for preparing and reviewing the financial 
statements by setting dates for critical phases such as closing the 
general ledger; preparing financial statements, footnotes, and the 
performance and accountability report; and performing specific quality 
control review procedures. 

10. Use established tools (i.e., checklists and implementation guides) 
available for assistance in compiling and reviewing financial 
statements. 

11. Maintain documentation supporting all information included in the 
financial statements and footnotes. This documentation should be more 
self-explanatory than what has been retained in the past. The 
documentation should be at a level of detail to enable a third party, 
such as an auditor, to use the documentation for substantiating 
reported data without extensive explanation or re-creation by the 
original preparer. 

12. Take advantage of in-house resources and expertise in establishing 
financial reporting policies, internal controls, and business 
practices, as well as in review of financial statement and footnote 
presentation. 

13. Develop or acquire an integrated financial management system to 
provide timely and accurate recording of financial data for financial 
reporting and management decision making. 

In response to our audit findings, SEC plans to increase its financial 
reporting staff this fiscal year, formalize its policies and 
procedures, and solicit advice from corporate financial reporting 
experts within SEC. SEC senior management has reviewed and endorsed 
certain initial policies applied in the first year of financial 
reporting, and has modified or recommended others for further review. 
In addition, SEC plans to establish a formal audit committee to provide 
for regular review by key management officials and advise on policies 
and controls. SEC is undertaking a multiyear project to replace the 
existing case-tracking system with a system that is better designed for 
financial reporting purposes. 

Now I would like to shift to the second material internal control 
weakness. 

SEC Has Control Weaknesses over Disgorgements and Civil Penalties: 

As part of its enforcement responsibilities, SEC issues and administers 
judgments that order disgorgements and civil penalties against 
violators of federal securities laws. The resulting transactions for 
fiscal year 2004 involved collections of about $945 million, and 
recording and reporting of fiduciary and custodial balances on the 
financial statements.[Footnote 6] SEC records and tracks information on 
over 12,000 parties in SEC enforcement cases involving disgorgements 
and penalties through a case-tracking system. However, the case- 
tracking system is not designed for financial reporting and is not 
integrated with SEC's general ledger accounting system, which 
accumulates, tracks, and summarizes SEC's financial transactions. 

To compensate for limitations in the system, SEC staff compiles 
quarterly subsidiary ledgers using extensive and time-consuming 
procedures. After downloading financial information on disgorgements 
and penalties from the case-tracking system to a spreadsheet with 
thousands of cases and defendants with a magnitude of approximately 1 
million data elements, SEC staff performs numerous calculations using 
the data in the spreadsheet to compile the disgorgement and penalty 
balances as of the end of each quarter. Such a process is inherently 
inefficient and prone to error. Further, since the source of the data 
included on the spreadsheet is from the case-tracking system, whose 
data reliability has been reported as a problem by SEC for the past 
three years,[Footnote 7] it is imperative that specific control 
procedures be put in place to provide reasonable assurance over the 
completeness and reliability of the data in the case-tracking system. 
In addition, control procedures are needed to reduce the risk of errors 
in the spreadsheet and ultimately the reported financial statement 
information. Finally, when reviewing case files we noted instances in 
which the supporting documentation in the files contained notations by 
the case managers indicating that potential activities or transactions 
related to the case had occurred. However, there was not adequate 
supporting documentation to support an entry to the case-tracking 
system. These instances raised questions about whether SEC's accounting 
and financial reporting information related to penalties and 
disgorgements was potentially incomplete or out-of-date. 

As a result of the issues I have described, we concluded that SEC did 
not have adequate control procedures in place to provide adequate 
assurance over the reliability of financial information related to this 
area. Thus, our auditors performed additional testing over SEC's 
financial statement balances related to penalties and disgorgements. 
GAO's Standards for Internal Control in the Federal Government requires 
that agencies establish controls to ensure that transactions are 
recorded in a complete, accurate, and timely manner. Although SEC has a 
draft policy that covers certain aspects of accounting for 
disgorgements and penalties, it is not comprehensive. For example, the 
policy does not define who is responsible for recording disgorgement 
and penalty data or the documentation that should be maintained to 
support the amounts recorded. Of even greater importance, the policy 
does not identify controls that are critical for determining the 
amounts to be recorded and for reviewing entries for completeness and 
accuracy, including the specific types of controls needed for the 
quarterly downloading of data and use of the spreadsheets for arriving 
at the accounting entries. Nor does the policy address supervisory 
review necessary to ensure consistent application of the procedures. 

A lack of comprehensive policies and controls over disgorgement and 
penalty transactions increases the risk that the transactions will not 
be completely, accurately, and consistently recorded and reported. In 
our audit of the estimated net amounts receivable from disgorgements 
and penalties, we did find errors in the recorded balances for the 
related gross accounts receivable and allowance for loss. Specifically, 
we noted errors where SEC had made entries to the accounting system 
that conflicted with information in the files. We also noted 
inconsistent treatment in recording judgments, interest amounts, 
terminated debts, and collection fees imposed by Treasury. We believe 
that these errors and inconsistencies occurred because of the control 
weaknesses we found. While, in most cases, these errors and 
inconsistencies were offsetting, such errors raise concern about the 
reliability of the $1.673 billion gross accounts receivable for 
disgorgements and penalties and the related allowance amounts of $1.394 
billion reported in footnote 3 to SEC's financial statements. 

To address internal control weaknesses over disgorgements and 
penalties, we recommended that SEC: 

1. implement a system that is integrated with the accounting system or 
that provides the necessary input to the accounting system to 
facilitate timely, accurate, and efficient recording and reporting of 
disgorgement and penalty activity;

2. review the disgorgement and penalty judgments and subsequent 
activities documented in each case file by defendant to determine 
whether individual amounts recorded in the case-tracking system are 
accurate and reliable;

3. implement controls so that the ongoing activity involving 
disgorgements and penalties is properly, accurately, and timely 
recorded in the case-tracking system and the accounting system;

4. strengthen coordination, communication, and data flow among staff of 
SEC's Division of Enforcement and Office of Financial Management who 
share responsibility for recording and maintaining disgorgement and 
penalty data; and: 

5. develop and implement written policies covering the procedures, 
documentation, systems, and responsible personnel involved in recording 
and reporting disgorgement and penalty financial information. The 
written procedures should also address quality control and managerial 
review responsibilities and documentation of such a review. 

SEC agrees with our findings in this area and has begun efforts to 
strengthen internal controls. For example, SEC plans to complete a 
comprehensive review of files and data and review and strengthen 
policies and procedures for recording and updating amounts receivable 
for disgorgements and penalties. SEC anticipates that consistent 
application of strengthened internal controls and potentially some 
limited redesign of the existing management information system will be 
adequate to resolve the material weaknesses in fiscal year 2006. 
However, SEC acknowledges that a replacement of the current case- 
tracking system and a more thorough reexamination of the relevant 
business process would provide more effective assurance. Accordingly, 
in fiscal year 2006, SEC plans to complete a requirements analysis as 
the first phase of the multiyear project to replace the case-tracking 
system. 

Now I would like to shift to the discussion of the material internal 
control weakness pertaining to information security. 

SEC Needs to Address Weak Controls over Financial and Sensitive Data: 

Information system controls are essential for any organization that 
depends on computer systems and networks to carry out its mission or 
business and maintain key records and accountability information. 
Without proper safeguards, organizations run the risk that intruders 
may obtain sensitive information, commit fraud, disrupt operations, or 
launch attacks against other computer systems and networks. 

SEC--which relies extensively on computer systems to support its 
operations--needs a comprehensive program of general controls[Footnote 
8] to monitor and manage information security risks. Our 
review[Footnote 9] of SEC's information system general controls found 
that the commission did not effectively implement controls to protect 
the integrity, confidentiality, and availability of its financial and 
sensitive information. 

In March 2005, we reported weaknesses in electronic access controls, 
including controls designed to prevent, limit, and detect access to 
SEC's critical financial and sensitive systems.[Footnote 10] We found 
these weaknesses in user accounts and passwords, access rights and 
permissions, network security, and the audit and monitoring of security-
related events. These weaknesses were heightened because SEC had not 
fully established a comprehensive monitoring program. 

We identified the following electronic access control weaknesses: 

* SEC operating personnel did not consistently set password parameters-
-such as a minimum of six digits including both numbers and letters--to 
ensure a level of difficulty for an intruder trying to guess a 
password, and users sometimes did create easy-to-guess passwords. 

* All 4,100 network users were inadvertently granted access that would 
allow them to circumvent the audit controls in the commission's main 
financial systems. 

* Key network devices were not configured to prevent unauthorized 
individuals from gaining access to detailed network system policy 
settings and lists of users or user groups. 

* SEC did not have a comprehensive monitoring program for routine 
review, audit, or monitoring of system user-access activities. For 
example, audit logging, which is typically used to track certain types 
of activity on a system, was not consistently implemented on network 
services and there was no real-time capability to target unusual or 
suspicious network events for review. In addition, SEC had not fully 
implemented a network intrusion-detection system. The commission did, 
however, have several initiatives under way to monitor user access 
activity. 

We also identified weaknesses in other information system controls-- 
including physical security, segregation of computer functions, 
application change controls, and service continuity. For instance: 

* At the time of our review, 300 employees and contractors had physical 
access to SEC's data center. Persons with access included an 
undetermined number of application programmers, budget analysts, 
administrative staff, and customer support staff. Typically, persons 
serving these functions do not need access to the data center for their 
work. 

* SEC had not sufficiently separated incompatible[Footnote 11] system 
administration and security administration functions on its key 
financial applications. 

* Although a change control board at SEC was responsible for 
authorizing all application changes, none of the software modifications 
reviewed had documentation to show that such authorizations had been 
obtained. 

* SEC had not implemented a service-continuity plan to ensure that the 
system and its major applications could continue to function after a 
major disruption, such as a loss of electricity. 

As a result of these weaknesses, sensitive SEC data--including payroll 
and financial transactions, personnel data, regulatory, and other 
mission-critical information--were at increased risk of unauthorized 
disclosure, modification, or loss. 

A key reason for weaknesses in SEC's information system general 
controls is that the commission has not fully developed and implemented 
a comprehensive agency information security program. The Federal 
Information Security Management Act (FISMA) requires each agency to 
develop, document, and implement an agencywide information security 
program to provide security for the information and systems that 
support the operations and assets of the agency. Agencies are required 
to use a risk-based approach to information security management. FISMA 
also requires an agency's information security program to include these 
key elements: 

* periodic assessments of risk and the magnitude of harm that could 
result from unauthorized access, use, or disruption of information 
systems;

* policies and procedures that are based on risk assessments and risk 
reductions to ensure that information security is addressed throughout 
the life cycle of each system and that applicable requirements are met;

* security awareness training to inform all users of information 
security risks and users' responsibilities in complying with 
information security policies and procedures; and: 

* periodic tests and evaluations of the effectiveness of information 
security policies, procedures, and practices related to management, 
operational, and technical controls of every major system. 

Although SEC has taken some actions to improve security management-- 
including establishing a central security management group and 
appointing a senior information security officer to manage the 
information security program--further efforts are needed. For example, 
we found that the commission had not clearly defined roles and 
responsibilities for the central security group it had established. In 
addition, SEC had not fully (1) assessed its risks, (2) established or 
implemented security policies, (3) promoted security awareness, or (4) 
tested and evaluated the effectiveness of its information system 
controls. 

SEC and its Office of Inspector General (OIG) have recognized 
weaknesses in the commission's information security program. Since 
2002, SEC has reported information security as a material weakness in 
its FMFIA reports. In its fiscal year 2004 FISMA report, SEC's OIG 
reported that the commission had several weaknesses in information 
security and was not substantially in compliance with information 
security requirements contained in FISMA. 

Without proper safeguards for its information systems, SEC is at risk 
from malicious intruders entering inadequately protected systems. It is 
at risk that intruders will use this access to obtain sensitive 
information, commit fraud, disrupt operations, or launch attacks 
against other computer systems and networks. We believe the primary 
cause of these weaknesses has been the lack of a fully developed and 
implemented entitywide information security program. In our March 2005 
report,[Footnote 12] we recommended 6 actions to fully develop and 
implement an effective security program. In addition, we made 52 
recommendations to correct specific information security weaknesses 
related to electronic access control and other information system 
controls. Due to their sensitivity, these recommendations were included 
in a separate report designated for "Limited Official Use Only." A 
fully developed, documented, and implemented agency information 
security program would provide the commission with a solid foundation 
for resolving its information security problems and for ongoing 
management of its information security risks. 

We believe that if our recommendations and SEC's planned actions are 
carried out effectively, SEC can make considerable progress toward its 
declared vision as "the standard against which federal agencies are 
measured"[Footnote 13] and will be in a stronger position to manage its 
daily operations and accomplish its mission. 

This testimony is based on our recent audit of SEC's fiscal year 2004 
financial statements, which was conducted in accordance with U.S. 
generally accepted government auditing standards. 

Mr. Chairman, this concludes my prepared statement. I would be pleased 
to respond to any questions that you or the other members of the 
Subcommittee may have. 

Contacts and Staff Acknowledgements: 

For further information on this testimony, please contact Jeanette 
Franzel at (202) 512-9471 or at [Hyperlink, franzelj@gao.gov] and Greg 
Wilshusen at (202) 512-6244 or at [Hyperlink, wilshuseng@gao.gov]. 
Individuals making key contributions to this testimony include Cheryl 
Clark, Kim McGatlin, Charles Vrabel, Estelle Tsay, Kristi Dorsey, and 
Maxine Hattery. 

(194560): 

FOOTNOTES

[1] The Accountability of Tax Dollars Act of 2002 requires certain 
agencies, including SEC, to prepare financial statements and have them 
audited. 

[2] Financial Audit: Securities and Exchange Commission's Financial 
Statements for Fiscal Year 2004, GAO-05-244 (Washington, D.C.: May 26, 
2005). 

[3] Disgorgement is the repayment of illegally earned profits. 

[4] A penalty is a monetary sum that is to be paid by the registrant to 
SEC as a result of a security law violation. 

[5] GAO, Standards for Internal Control in the Federal Government, 
GAO/AIMD-00-21.3.1 (Washington, D.C.: November 1999). 

[6] Fiduciary activities represent the moneys collected from federal 
securities law violators and maintained by SEC to be distributed to 
harmed investors. Custodial activities represent the moneys collected 
by SEC from violators of federal securities laws that are returned to 
the General Fund of the Treasury, as nonfederal individuals or entities 
do not have an ownership interest in these revenues. 

[7] The Federal Managers' Financial Integrity Act (FMFIA) of 1982 (31 
U.S.C. § 3512 (c)(d)) requires the head of each agency to annually 
prepare a statement that identifies material weaknesses in the agency's 
systems of internal accounting and administrative control and its plans 
and schedule for correcting them. SEC reported material weaknesses and 
related system nonconformance issues concerning data integrity and 
financial reporting for disgorgements and penalties in its 2002, 2003, 
and 2004 FMFIA reports. 

[8] Information system general controls affect the overall 
effectiveness and security of computer operations as opposed to being 
unique to any specific computer application. These controls include 
security management, operating procedures, software security features, 
and physical protection designed to ensure that access to data is 
appropriately restricted, computer security functions are segregated, 
only authorized changes to computer programs are made, and back-up and 
recovery plans are adequate to ensure the continuity of essential 
operations. 

[9] GAO-05-244. 

[10] See GAO, Information Security: Securities and Exchange Commission 
Needs to Address Weak Controls over Financial and Sensitive Data, GAO- 
05-262 (Washington, D.C.: March 23, 2005). 

[11] Incompatible functions are those that cause a conflict or risk if 
they are under the responsibility of the same person. For example, 
authorizing access and using that access are incompatible functions. 

[12] GAO-05-262. 

[13] U.S. Securities and Exchange Commission, 2004 Performance and 
Accountability Report.