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April 2, 2009: 

The Honorable Mary L. Schapiro: 

Chairman: 

U.S. Securities and Exchange Commission: 

Subject: Management Report: Improvements Needed in SEC's Internal 
Controls and Accounting Procedures: 

Dear Ms. Schapiro: 

On November 14, 2008, we issued our opinion on the U.S. Securities and 
Exchange Commission's (SEC) fiscal years 2008 and 2007 financial 
statements. We also issued our opinion on the effectiveness of SEC's 
internal control over financial reporting (including safeguarding of 
assets) and over compliance as of September 30, 2008, and our 
evaluation of SEC's compliance with selected provisions of laws and 
regulations during fiscal year 2008.[Footnote 1] 

The purpose of this report is to present issues identified during our 
fiscal year 2008 audit of SEC's internal controls and accounting 
procedures and to recommend actions to address these issues. 
Accordingly, in this report we are making 19 recommendations to SEC to 
strengthen internal controls and accounting procedures. These 
recommendations are in addition to 24 remaining recommendations 
included in prior year audits of SEC's financial statements that still 
need to be fully addressed. See enclosure I. 

Results in Brief: 

As part of our audit of SEC's fiscal years 2008 and 2007 financial 
statements, we identified three significant deficiencies[Footnote 2] in 
internal control, which although not material weaknesses,[Footnote 3] 
represent deficiencies in the design or operation of internal control 
that could adversely affect SEC's ability to meet its internal control 
objectives. These significant deficiencies concerned controls over (1) 
information security,[Footnote 4] (2) property and equipment, and (3) 
accounting for budgetary resources. 

We also identified other internal control issues that, although not 
considered material weaknesses or significant deficiencies, warrant SEC 
management's consideration. These issues concern: 

* documenting accounting procedures, 

* reviewing accounting entries, 

* reporting Freedom of Information Act (FOIA)[Footnote 5] fees, 

* adding footnote disclosure for disgorgement and penalty[Footnote 6] 
activities, 

* estimating allowance for loss amounts for disgorgement and penalty 
accounts receivables, 

* safeguarding cash receipts related to disgorgement and penalty 
payments, 

* recording disgorgement and penalty transactions in Momentum,[Footnote 
7] 

* processing personnel actions and certifying employees' time cards, 
and: 

* considering Office of Compliance Inspections and Examinations (OCIE) 
inspection results. 

At the end of our discussion of each of these issues in the following 
sections, we make recommendations for strengthening SEC's internal 
controls or accounting procedures. In addition, enclosure I provides 
the status of recommendations from our prior audits that were reported 
as open in our April 1, 2008, management report.[Footnote 8] These 
recommendations are intended to bring SEC into conformance with the 
standards for internal control[Footnote 9] to be followed by all 
federal agencies and to minimize the risk of future misstatements in 
SEC's financial statements. 

As presented in enclosure I, during fiscal year 2008, SEC took action 
to fully address 10 of the 34 recommendations from our prior audits 
that we had reported as open in our April 1, 2008 management 
report.[Footnote 10] 

In providing written comments on a draft of this report, the SEC 
Chairman highlighted accomplishments during fiscal year 2008, and 
expressed her commitment to continuing remediation efforts to resolve 
these control deficiencies. Further, the Chairman discussed SEC's short-
term and long-term strategies for addressing the three significant 
deficiencies GAO identified. In order to fully address GAO's 
recommendations, the Chairman stated that SEC is preparing a corrective 
action plan which builds on SEC's ongoing efforts initiated in fiscal 
year 2008. 

Scope and Methodology: 

As part of our audit of SEC's fiscal years 2008 and 2007 financial 
statements, we evaluated SEC's internal controls and tested its 
compliance with selected provisions of laws and regulations. We 
designed our audit procedures to test relevant controls over financial 
reporting, including those designed to provide reasonable assurance 
that transactions are properly recorded, processed, and summarized to 
permit the preparation of the financial statements in conformity with 
U.S. generally accepted accounting principles, and that assets are 
safeguarded against loss from unauthorized acquisition, use, or 
disposition. 

We requested comments on a draft of this report from the SEC Chairman. 
SEC's written comments are reprinted in enclosure II. We conducted our 
audit in accordance with U.S. generally accepted government auditing 
standards and Office of Management and Budget (OMB) audit guidance. 
Further details on our scope and methodology are included in our 
November 2008 report on our audits of SEC's fiscal years 2008 and 2007 
financial statements[Footnote 11] and are summarized in enclosure III. 

Property and Equipment: 

SEC's property and equipment consists of general-purpose equipment used 
by the agency, capital improvements made to buildings leased by SEC for 
office space, and internal-use software development costs for projects 
in development and production. During fiscal year 2008, SEC acquired 
approximately $17 million in property and equipment and reported a net 
property and equipment balance of $84 million at September 30, 2008. As 
with our prior year's audit, we found continuing concerns with SEC's 
controls over property and equipment such as ineffective controls 
related to SEC's property receipt function, errors in amounts 
capitalized for internal-use software projects, and inaccuracies in 
recorded acquisition costs for property and equipment purchases. 

To address our previous audit findings in this area, in fiscal year 
2008, SEC implemented a new property and equipment subsidiary ledger 
system that is integrated with its general ledger accounting system, 
and also developed new policies and procedures for recording property 
transactions. However, our testing of property and equipment 
acquisitions processed under this new system found that the controls 
over the receipt and acceptance of assets were not operating 
effectively, which caused errors in SEC's recording of new property and 
equipment purchases. These control deficiencies resulted from (1) 
incorrect system design configurations and (2) a lack of training on 
the use of the new system in conjunction with the new accounting 
processes for property and equipment purchases. 

Specifically, the new property and equipment system was intended to 
link the receipt of capitalizable furniture and equipment purchases 
recorded in the property and equipment subsidiary ledger to the general 
ledger. However, this link was not properly configured to automatically 
post the appropriate accounting entries for capitalizing such purchases 
in SEC's general ledger. As a result, such acquisitions were recorded 
as expenses instead of as assets to be depreciated over the useful 
life. This system error resulted in unrecorded property and equipment 
additions and overstated expenses. Also, we observed that not all staff 
involved in the process for capitalizing software additions had been 
fully trained and the document that was intended to provide guidance to 
the staff on how to enter transaction data into the new system had not 
yet been finalized prior to the system's implementation. A contributing 
factor to these internal control deficiencies was SEC's decision to 
implement the new property and equipment system in July 2008, late into 
the fiscal year, without sufficient time to fully test the system 
configurations or train its users prior to the end of its fiscal year. 

SEC finalized its guidance and corrected the design configurations in 
September 2008, enabling the purchase transactions to automatically 
post to the proper accounts in the general ledger as of the end of the 
fiscal year. However, SEC personnel continued to incorrectly record 
property and equipment purchases because they were still not familiar 
with the new system processes, resulting in ongoing asset 
capitalization errors. To compensate for the system configuration 
issues and lack of user training on the new processes, SEC performed a 
labor-intensive reconciliation and review of property additions 
acquired during the fourth quarter of fiscal year 2008 and made 
adjusting entries to correct capitalization errors and properly report 
related account balances at September 30, 2008. 

As in our prior year's audit, during the course of testing fiscal year 
2008 property additions, we identified many instances of inaccurate 
amounts capitalized for internal-use software projects and in recorded 
acquisition costs for property and equipment purchases. For example, 
our review found that for 8 of the 10 capitalized software additions 
with related federal employee costs we tested, SEC used an incorrect 
salary rate when capitalizing the related federal employee costs. 
Because SEC's calculation of federal employee costs related to 
capitalized software amounts was not automated, manual spreadsheets 
were used for the calculation. SEC's time and attendance system, 
Quicktime, is not currently configured to calculate these employee 
costs through the use of project codes in the system. This calculation 
error resulted in SEC's overstating assets by approximately $2.3 
million at June 30, 2008. While SEC recorded an adjusting entry to 
correct this overstatement at June 30, our year-end testing of property 
and equipment additions continued to identify substantive errors 
resulting from SEC's continued incorrect calculation of federal 
employee costs. These issues indicate a need for improved oversight and 
review of accounting for property transactions. SEC's written guidance 
for property and equipment did not include procedures for performing 
and documenting oversight and review processes for these transactions. 

SEC corrected most of the substantive errors we identified and the 
remaining uncorrected errors did not materially affect the balances 
reported for property and equipment or the corresponding depreciation/ 
amortization expense amounts in SEC's financial statements for fiscal 
year 2008. However, these continuing conditions, along with the issues 
we found this year with the new system implementation, evidence a 
significant deficiency in internal control over the recording of 
property and equipment that affects the reliability of its related 
financial statement balances. Consistent with Standards for Internal 
Control in the Federal Government,[Footnote 12] SEC should have 
controls in place to provide reasonable assurance that its financial 
transactions are completely and accurately recorded. Until users are 
adequately trained in using the new property and equipment system and 
processes, and oversight and review processes over accounting for 
property and equipment transactions are strengthened, SEC does not have 
sufficient assurance that property and equipment transactions will be 
completely, consistently, or accurately recorded or reported. 

To address certain deficiencies discussed here and other internal 
control deficiencies over property and equipment, we reaffirm five open 
recommendations from our prior audits, detailed in enclosure I. 

Recommendations: 

We also recommend that the Chairman take the following additional 
actions to improve controls over property and equipment: 

(1) Provide training for all appropriate employees on entering and 
processing transactions related to property and equipment purchases in 
the new property and equipment system. 

(2) Develop and implement procedures for performing and documenting 
oversight and review processes over property and equipment 
transactions. 

(3) Develop and implement procedures for the use of project codes in 
Quicktime to automate the calculation of federal employee costs related 
to capitalized software amounts. 

Accounting for Budgetary Resources: 

For fiscal year 2008, SEC's Statement of Budgetary Resources (SBR) 
reflects approximately $916 million in obligations incurred, which 
represent legal liabilities against funds available to SEC to pay for 
goods and services ordered. At September 30, 2008, $157 million of 
those obligations represented undelivered orders for goods and services 
ordered but not yet delivered or received as of that date. SEC's SBR 
also reports offsetting collections[Footnote 13] of approximately $986 
million. These primarily represent fees SEC collected from self- 
regulatory organizations (e.g., stock exchanges and the Financial 
Industry Regulatory Authority (FINRA))[Footnote 14] and 
registrants[Footnote 15] that Congress has also appropriated in annual 
appropriation acts.[Footnote 16] SEC offsets its appropriation for the 
fiscal year using these offsetting collections and then sets aside the 
balance for future years, and reports these amounts as offsetting 
collections temporarily precluded from obligations. 

We identified the same types of problems in SEC's accounting for these 
budgetary activities this year as we reported for fiscal year 2007. We 
continued to find many instances in which SEC (1) recorded invalid 
obligation-related transactions due to incorrect posting configurations 
in SEC's general ledger, (2) did not maintain documentation of 
authorizations for downward adjustments to prior-year undelivered 
orders, and (3) recorded obligations prior to having documentary 
evidence of a binding agreement for the goods or services. We also 
identified two internal control deficiencies related to SEC's 
accounting for offsetting collections. Specifically, we identified (1) 
revenue-related transactions that were invalid due to additional 
incorrect posting configurations in SEC's general ledger and (2) 
incomplete and incorrect written procedures for general ledger entries 
used to account for returning appropriated funds to the U.S. Treasury. 

During fiscal year 2008, SEC addressed some problems related to 
incorrect posting configurations in its general ledger; however, 
several such problems continued. Specifically, we found that SEC's 
general ledger was not properly configured to post the proper 
accounting entries for upward and downward adjustment transactions. SEC 
corrected this posting-logic configuration error for single-year 
funds[Footnote 17] during this year's audit. However, the incorrect 
posting configurations for the bulk of its funds, no-year 
funds,[Footnote 18] were not yet corrected as of September 30, 2008. In 
fiscal year 2008, SEC recorded approximately $83.8 million in adjusting 
entries to correct transaction errors resulting from these incorrect 
posting configurations. SEC has acknowledged this problem and has 
stated that correcting these remaining posting configuration errors is 
a high priority in fiscal year 2009. 

Downward adjustments to obligations incurred occur as part of SEC's 
process for monitoring undelivered orders. The purpose of this 
monitoring is to promptly deobligate funds no longer needed so these 
budgetary resources can be used to fund other activities or obligations 
during the time frame that those funds are available. For all 43 
statistically selected downward adjustments we tested, we found no 
documentary evidence of review and approval of the transactions. SEC's 
written instructions for the review of undelivered orders did not 
provide guidance or requirements for documenting review and approval of 
downward adjustment transactions. Consistent with Standards for 
Internal Control in the Federal Government,[Footnote 19] internal 
control should be clearly documented, and the documentation readily 
available for examination. 

During our testing of obligation activity, we identified five instances 
in which SEC recorded obligations prior to the signing (i.e., 
executing) of a written contract. SEC's administrative control of funds 
guidance did not clearly document the responsibilities of the staff 
performing obligation-related activities with regard to recording 
obligations in accordance with the recording statute. Recording 
obligations prior to having documentary evidence of a binding agreement 
for the goods and services is a violation of the recording 
statute,[Footnote 20] and may result in funds being reserved 
unnecessarily and therefore made unavailable for other uses should the 
agreement not materialize. Early recording of obligations also may 
result in charging incorrect fiscal year funds for an agreement 
executed in a later fiscal year. 

In fiscal year 2007, SEC changed its method of accounting for user fees 
collected in excess of current-year appropriations. However, in fiscal 
year 2008, we found that SEC had not yet implemented a corresponding 
reconfiguration of its system to post offsetting collection 
transactions as the transactions occurred in accordance with its 
accounting change. These incorrect entries resulted in an overstatement 
of SEC's total budgetary resources and amounts available for 
obligation. To compensate for this system limitation, SEC performed a 
manual review of the general ledger activity for these transactions and 
made correcting entries. In fiscal year 2008, SEC made adjustments of 
approximately $983.7 million to properly record these fees in the 
appropriate budgetary accounts. 

SEC's written guidance for funds management details the series of 
accounting entries for recording its offsetting collections and related 
transactions, including the return of appropriated funds to the U.S. 
Treasury. However, based on our analysis, we determined that SEC's 
guidance was not complete and included the use of an incorrect general 
ledger account. Specifically, the series of accounting entries detailed 
in SEC's guidance (1) did not include accounting entries needed to 
properly reflect the balances in the general ledger accounts for 
"unexpended appropriations used" and "expended appropriations" and (2) 
cited an incorrect general ledger account to use for recording the 
return of appropriated funds to the U.S. Treasury. Although the process 
document was inaccurate, SEC performed a manual review of the general 
ledger activity for these transactions and made adjusting entries to 
properly reflect the balances in its general ledger for "unexpended 
appropriations used" and "expended appropriations," and used the 
appropriate general ledger account for recording the return of 
appropriated funds to the U.S. Treasury. However, incomplete or 
inaccurate written guidance for accounting for offsetting collections 
can lead to erroneous accounting for the status of SEC's appropriated 
amounts, particularly in the event of employee turnover, especially 
because these entries occur infrequently rather than routinely. 

Although SEC was able to identify most of the errors and make 
corresponding adjustments, the ineffective processes that caused these 
errors constitute a significant deficiency in SEC's internal control 
over recording and reporting obligations and revenue, and put SEC at 
risk that the amounts recorded in the general ledger and reported on 
SEC's Statement of Budgetary Resources could be misstated in the 
future. 

To address certain deficiencies discussed here and other internal 
control deficiencies over SEC's accounting for its budgetary 
activities, we reaffirm four open recommendations from our prior 
audits, detailed in enclosure I. 

Recommendations: 

We also recommend that the Chairman take the following additional 
actions to improve SEC's budgetary accounting controls: 

(4) Develop and implement formal operating procedures for monitoring 
undelivered orders to include guidance for documenting review and 
approval of downward adjustment transactions. 

(5) Correct general ledger configurations to properly record offsetting 
collections as these transactions occur. 

(6) Update the written guidance for funds management to include correct 
accounting entries and use of correct general ledger accounts for 
recording offsetting collections transactions. 

Other Issues: 

Although not considered to be significant deficiencies, the following 
weaknesses also warrant management consideration. 

Documenting Accounting Procedures: 

During this year's audit, we observed that SEC lacked detailed written 
procedures for several of its accounting processes that precede the 
general ledger closing process and generation of financial statements. 
We noted the absence of formally approved desktop procedures to provide 
detailed instructions for the tasks to be performed, the location of 
files on the shared network drive, and descriptions of relevant 
spreadsheet formulas. Specifically, we noted a lack of desktop 
procedures for the analysis, calculation, and recording of advances and 
prepayments; the preparation and analysis of the Investments and Fair 
Funds Summary file; and the preparation of the Journal Voucher Log 
Master, which is used to create an interface for posting certain 
transactions or adjusting journal entries into the general ledger. 
SEC's procedures did not provide detailed instructions needed for 
performing each task, including internal control procedures to be 
followed and the manner for documenting the controls associated with 
the tasks performed. These are elements of detailed procedures 
necessary to ensure continuity of the efficient performance of key 
accounting procedures and timely and reliable financial reporting in 
the event of employee turnover. 

Standards for Internal Control in the Federal Government[Footnote 21] 
states that management is responsible for developing detailed policies, 
procedures, and practices to fit the agency's operations and to ensure 
that they are built into and are an integral part of operations to meet 
the agency's objectives. One such objective is timely and reliable 
financial reporting. Moreover, the standards state that internal 
control should be clearly documented and the documentation readily 
available for examination. The documentation should appear in 
management directives, administrative policies, or operating manuals 
and may be in paper or electronic form. All documentation and records 
should be properly managed and maintained. 

Recommendation: 

We recommend that the Chairman take the following action to improve 
controls over accounting procedures that precede the general ledger 
closing process and generation of financial statements: 

(7) Develop and implement a desktop procedures manual that provides 
detailed instructions for performing each key accounting process 
preceding the general ledger closing process; the associated internal 
control to be followed for each step, as applicable; and the manner for 
documenting compliance with these controls. 

Reviewing Accounting Entries: 

SEC uses journal vouchers (JV) for recording transactions and making, 
correcting, or adjusting entries. During our audit, we noted many 
instances of undocumented or ineffective supervisory review of 
accounting entries. Our interim control testing of 45 statistically 
selected JVs recorded during the 9 months ended June 30, 2008, 
identified 32 instances in which individual JVs lacked documentation of 
supervisory review and approval. In addition, while reviewing JVs 
related to undelivered orders, we noted that the reviewer of one JV did 
not detect an error in the approval documentation during the review. 
Specifically, we noted that the summary JV entry sheet had an incorrect 
amount and that it was signed by a preparer, reviewer, and approver. 
Although the correct amount was recorded in the general ledger, this 
error is evidence of a lack of a thorough and complete review. SEC's 
written guidance for JVs did not include descriptions of the steps to 
be performed and the documentation required for supervisory-level 
review. 

We also found instances in which the documentation supporting certain 
JVs that were reviewed, approved, and posted in the general ledger 
contained errors that were not detected as part of the JV review 
process. For example, our test of property and equipment transactions 
identified spreadsheet formula errors for capitalizing staff costs for 
certain internal-use software. The monthly reported Capitalized Costs 
for Federal Staff was recorded using a quarterly rate for all full-time 
equivalents (FTE) instead of a monthly rate. We brought these errors to 
SEC's attention and SEC made a $2.3 million correcting entry. This 
correcting entry was recorded using a new mechanism for recording 
activity in the general ledger--the standard voucher (SV) entry--which 
was implemented when SEC upgraded its general ledger system late in 
fiscal year 2008. However, we noted errors in SEC's correcting entry 
and an additional FTE calculation error, which were not detected during 
the review process. Moreover, SEC has not prepared written guidance for 
when to use SV or JV entries. Consistent with Standards for Internal 
Control in the Federal Government,[Footnote 22] SEC should have 
controls in place to provide reasonable assurance that its financial 
transactions are recorded completely and accurately. 

Recommendations: 

We recommend that the Chairman take the following actions to improve 
controls over accounting entries: 

(8) Develop and implement written procedures for the preparation and 
review of accounting entries to include descriptions of the steps to be 
performed and the documentation required for supervisory-level review 
of all supporting documentation. 

(9) Develop and implement written procedures providing guidance for 
when to use JV or SV entries. 

Reporting FOIA Fees: 

In fiscal year 2008, SEC collected approximately $94,000 in fees from 
the public for providing information under FOIA. Because the fees 
collected were for payment of services that SEC provided, these fees 
are exchange revenues. We noted, however, that SEC did not account for 
and report these fees as exchange revenues and instead reported the 
activity in its fiscal year 2008 Statement of Custodial Activity as 
part of Total Custodial Revenue due to an incorrect interpretation of 
federal accounting principles. We noted that SEC's Balance Sheet 
Compilation Methodology specifies that FOIA fees should be reported as 
custodial liabilities. Although the amount was not material, such 
reporting was nevertheless inconsistent with U.S. generally accepted 
accounting principles (GAAP) and federal financial reporting 
requirements. 

Specifically, Statement of Federal Financial Accounting Standards No. 
7, Accounting for Revenue and Other Financing Sources and Concepts for 
Reconciling Budgetary and Financial Accounting, states that exchange 
revenues arise when a government entity provides goods and services to 
the public or to another government entity for a price.[Footnote 23] In 
addition, OMB Circular No. A-136, Financial Reporting Requirements, 
requires federal entities to report the full amount of exchange revenue 
on the Statement of Net Cost or a supplementary schedule, regardless of 
whether the entity is permitted to retain the revenues in whole or in 
part. Any portion of exchange revenue that cannot be retained by the 
entity is reported as a transfer-out on the Statement of Changes in Net 
Position.[Footnote 24] 

Recommendation: 

We recommend that the Chairman take the following action to improve 
SEC's reporting for FOIA fees: 

(10) Develop and implement procedures to account for the receipt of 
FOIA fees in accordance with GAAP and federal financial reporting 
requirements. 

Adding Footnote Disclosure for Disgorgement and Penalty Activities: 

In fiscal year 2008, SEC changed its method of presentation for the 
receipt, accounting, and disposition of all disgorgement-related assets 
stemming from actions against violators of federal securities laws. 
Historically, SEC treated disgorgement-related receivables as custodial 
activity and the collection and investment of disgorgements and 
penalties as fiduciary activity. Beginning in fiscal year 2008, SEC 
treated all activity related to disgorgement and penalties as non- 
entity assets under control of SEC with an equal and offsetting 
liability on the balance sheet. As of September 30, 2008, SEC reported 
a liability for disgorgement and penalties balance of $3.1 billion. As 
a result of this reporting change, we noted that the source and 
disposition of SEC's disgorgement and penalty activities were no longer 
disclosed in the financial statement footnotes as they had been in 
previous years. 

According to the Federal Accounting Standards Advisory Board's (FASAB) 
Concept Statement No. 1, "financial reporting should be reliable; to be 
reliable, financial reporting needs to be comprehensive. Nothing 
material should be omitted from the information necessary to represent 
faithfully the underlying events and conditions, nor should anything be 
included that would likely cause the information to be misleading to 
the intended report user." Although there is no specific requirement 
for reporting the source and disposition of disgorgement and penalty 
activities, this is a significant and material SEC activity and, 
therefore, disclosure of these activities would result in more 
comprehensive and transparent financial reporting. 

Recommendation: 

We recommend that the Chairman take the following action to improve 
disclosure of SEC's disgorgement-and penalty-related activities: 

(11) Develop procedures for including in the footnotes to the financial 
statements disclosure and explanations about the source and disposition 
of SEC's disgorgement and penalty activities. 

Estimating Allowance for Loss Amounts for Disgorgement and Penalty 
Accounts Receivables: 

In fiscal year 2008, we noted significant improvements in SEC's process 
for recording disgorgement and penalty transactions. However, our audit 
work in fiscal year 2008 identified issues that raise overall concerns 
about SEC's methodology for establishing a reasonable allowance for 
loss on uncollectible disgorgement and penalty receivables. SEC bases 
the allowance for uncollectible amounts and the related provision for 
estimated losses for disgorgement and penalty accounts receivable on a 
collectibility analysis. Specifically, on a quarterly basis, SEC's 
Office of Financial Management (OFM) identifies the largest, "top 25," 
debts for review by the Division of Enforcement (Enforcement). The top 
25 debts made up about 80 percent of the net accounts receivable 
balance during fiscal year 2008. Enforcement makes a determination as 
to the collectibility of each debt so that an appropriate allowance 
amount can be applied against the receivable and communicates this 
determination to OFM. For the remaining accounts receivable balances, 
OFM applies a percentage, based on historical collection data, to 
reflect the balances at their estimated net realizable value. At 
September 30, 2008, SEC reported a gross receivable balance of $434 
million with an offsetting allowance of $346 million for disgorgement 
and penalties receivable. 

During our review of the allowance for loss on disgorgement and penalty 
accounts receivable at June 30, 2008, we identified instances in which 
the amount of allowance fluctuated widely when the debt was identified 
as a top 25 debt in one quarter and then dropped from the top 25 debt 
list in another quarter. For example, we noted three debts that were 
listed in the top 25 debt list at March 31, 2008, with a collective 
receivable balance of $5.7 million. Enforcement had recommended a total 
allowance amount of $5.3 million for these debts, resulting in a net 
receivable balance of $400,000. At June 30, 2008, each of the three 
debts had fallen below the top 25 threshold and was removed from the 
top 25 debt list. Because the debts were no longer included in the top 
25 debt list, OFM calculated a total allowance amount of $1.6 million 
for the three debts, based on the historical collection percentage. 
This change in the allowance calculation for these three debts resulted 
in an increase in the net receivable balance of $3.7 million at June 
30, 2008. 

This type of fluctuation raises concern about the continued 
reasonableness of SEC's allowance methodology for disgorgement and 
penalty accounts receivable. Statement of Federal Financial Accounting 
Standards No. 1, Accounting for Selected Assets and Liabilities, states 
"the allowance for uncollectible amounts should be reestimated on each 
annual financial reporting date and when information indicates that the 
latest estimate is no longer correct." The standard further states, "to 
determine the loss allowance on a group basis, receivables should be 
separated into groups of homogeneous accounts with similar risk 
characteristics." SEC's current allowance methodology for its group 
analysis does not further separate the debts into any subgroups, such 
as aging of the receivables. 

During our review of the allowance for loss on disgorgement and penalty 
accounts receivable, we also identified instances in which SEC did not 
consistently implement its current methodology. For example, we 
identified a debt that was erroneously omitted from the top 25 debt 
list at December 31, 2007. Instead, OFM calculated an allowance of $1.2 
million for this debt based on the historical collection percentage. 
This debt then appeared on the top 25 debt list at March 31, 2008, and 
was forwarded to Enforcement for review. Although Enforcement assessed 
this debt as fully collectible, OFM continued to apply a $1.2 million 
allowance against the debt at March 31, 2008. 

Enforcement's review of the collectibility of the top 25 debts is a key 
process for establishing a reasonable allowance for loss against the 
most significant disgorgement and penalties receivable balances. 
However, OFM's inconsistent implementation of the allowance 
methodology, specifically the use of Enforcement's collectibility 
assessments, puts SEC at risk that the process may not operate 
effectively and may result in a misstated net receivable balance. 

Recommendations: 

We recommend that the Chairman take the following actions to improve 
SEC's processes and controls over estimating collectibility for 
disgorgement and penalty accounts receivable: 

(12) Develop and implement procedures specifying how the collectibility 
assessments provided by Enforcement will be used by OFM, to include 
documentation requirements for instances in which an allowance amount 
other than Enforcement's assessment is recorded. 

(13) Reevaluate the reasonableness of the methodology used for 
calculating the allowance for loss on disgorgement and penalty accounts 
receivable, specifically evaluating whether the methodology should be 
revised to separate debts into risk-based groups when calculating the 
historical collection percentage and considering the effect of debts 
moving in and out of the top 25 debt list. 

Safeguarding Cash Receipts Related to Disgorgement and Penalty 
Payments: 

SEC receives checks for the payment of disgorgement and penalties as 
well as for other activities. Defendants required to pay disgorgement 
and penalty amounts are instructed to mail or hand deliver checks to 
SEC's Operations Center located in Alexandria, Virginia. During our 
review of SEC's cash receipt process at the Operations Center, we noted 
that SEC did not have sufficient safeguarding procedures over checks 
received, making the checks highly susceptible to misappropriation. 
Specifically, during our observation of the handling of the mail, we 
noted that the mail room was unsecured, the mail bins were not 
adequately safeguarded, and mail to be delivered to SEC's OFM was not 
placed in a locked bag. 

According to Standards for Internal Control in the Federal 
Government,[Footnote 25] an agency must establish physical control to 
secure and safeguard vulnerable assets including security for and 
limited access to assets such as cash. 

Recommendation: 

We recommend that the Chairman take the following action to ensure the 
safeguarding of disgorgement and penalty receipts: 

Develop and implement improved safeguarding procedures within SEC's 
Operations Center for checks received or establish a lockbox for the 
submission of checks to OFM and instruct defendants to mail checks to 
the lockbox. 

Recording Disgorgement and Penalty Transactions in Momentum: 

During fiscal year 2008, SEC upgraded its Momentum financial reporting 
system and implemented a new system module to automate and integrate 
accounts receivable transactions for disgorgement and penalties with 
the general ledger. Concurrent with the upgrade, SEC established and 
began using certain transaction codes in Momentum to record activity 
associated with receivable activity such as collections, write-offs, 
terminations, and discharges of disgorgement receivables. However, 
during our fourth quarter testing of disgorgement and penalty 
collections, we noted instances in which transaction information (such 
as document number, document title, and check number) was not entered 
consistently in accordance with SEC's written guidance. SEC's Accounts 
Receivable Procedures Guide provides guidance for entering transaction 
information into Momentum. However, these procedures were not being 
consistently implemented. Consistent with Standards for Internal 
Control in the Federal Government,[Footnote 26] SEC should have 
controls in place to provide reasonable assurance that its financial 
transactions are recorded completely and accurately. 

These instances of SEC staff not consistently following existing 
guidance in this area indicate that SEC staff could benefit from 
additional training on the proper use of the new system module and 
proper supervisory review of disgorgement and penalty transactions 
entered into Momentum. Although the issues did not result in a 
substantive misstatement of the collections amount at year-end, the 
errors did necessitate a time-consuming and labor-intensive 
reconciliation process. Without consistent recording of transactions, 
the risk is increased that disgorgement and penalty transactions are 
not completely and accurately recorded. 

Recommendations: 

We recommend that the Chairman take the following actions to improve 
SEC's controls over recording disgorgement and penalty transactions: 

(15) Provide training to staff on the proper use of the new system 
module and the proper procedures for recording disgorgement and penalty 
transactions in Momentum. 

(16) Modify existing guidance to provide for a timely and documented 
supervisory review of all disgorgement and penalty transactions entered 
in Momentum to ensure that transactions are entered completely and 
accurately. 

Processing Personnel Actions and Certifying Employees' Time Cards: 

During our fiscal year 2008 audit, we identified issues related to 
SEC's implementation of its policies over the processing of personnel 
actions and certification of employees' time cards. Specifically, we 
found that a Standard Form-50 (SF-50), Notification of Personnel 
Action, was not approved until 5 weeks after the effective separation 
date. Without adequate controls over the processing of separation 
actions, SEC is at risk that erroneous payroll expenses will be 
incurred. We also found numerous instances in which the SF-50s did not 
include the signature of the authorizing official. Specifically, we 
found that 42 percent of the SF-50s we reviewed did not include the 
signature of the Director of the Office of Human Resources. Without 
proper approval of personnel actions, SEC is at risk that unauthorized 
payroll actions will be processed. Moreover, as we have consistently 
found in our prior audits of SEC,[Footnote 27] we found instances in 
which employee time cards were improperly certified by lower-level 
employees. Although SEC implemented Quicktime in fiscal year 2008, the 
system has not been configured to prevent lower-level employees from 
approving higher-level employees' time cards. Standards for Internal 
Control in the Federal Government[Footnote 28] state that internal 
control activities help ensure that management's directives are carried 
out, that these control activities occur at all levels and functions of 
the entity, and that they include a wide range of diverse activities 
such as approvals and authorizations, among others. 

To address certain deficiencies discussed here and other internal 
control deficiencies over SEC's payroll controls, we reaffirm three 
open recommendations from our prior audits, detailed in enclosure I. 

Recommendations: 

We also recommend that the Chairman take the following additional 
actions to improve its controls over payroll processing: 

(17) Develop procedures for implementing management's policy on the 
authorization and validation of personnel actions and the timely 
processing of such actions. 

(18) Configure Quicktime to preclude lower-level employees from 
approving higher-level employees' time cards. 

Considering OCIE Inspection Results: 

SEC collects securities transaction fees paid by self-regulatory 
organizations (SRO) (e.g., stock exchanges and FINRA) to SEC for stock 
transactions. According to Section 31 of the Securities Exchange Act of 
1934 (Exchange Act), SRO transaction fees are payable to SEC twice a 
year.[Footnote 29] SEC calculates the fees due and bills the SROs based 
on actual transaction volume reported on a monthly basis by the SROs to 
SEC. Securities transaction-fee revenue totaled $795 million in fiscal 
year 2008. 

SEC's OCIE conducts annual inspections of SROs to monitor compliance 
with the Exchange Act. In its 2008 FINRA Section 31 Inspection Report, 
OCIE noted that on September 26, 2008, FINRA paid SEC a settled amount 
of unpaid Section 31 fees totaling $12.2 million. This settled amount 
represented underreported Section 31 fees for the years 2004 through 
2007. OCIE also reported on other fee-reporting errors identified by 
FINRA, resulting in an additional underpayment of at most $3.75 
million, although the precise amount was not yet known at September 30, 
2008. Our discussion with OFM officials informed us that OFM does not 
consider the impact of OCIE inspection results on the related accounts 
and reported revenue in the agency financial statements. In addition, 
SEC's written guidance for recording Section 31 fees did not include 
procedures for the review and consideration of OCIE inspection results. 

Consistent with Standards for Internal Control in the Federal 
Government,[Footnote 30] SEC should have controls in place to provide 
reasonable assurance that its financial transactions are recorded 
completely and accurately. Although the underpayment amounts identified 
in the current-year inspection report did not materially affect the 
financial statements at September 30, 2008, future OCIE inspection 
results could have a significant or material effect on the balances 
presented in the financial statements. Without proper consideration of 
the results of the OCIE inspections, the risk is increased that the 
balances presented in the financial statements may be misreported. 

Recommendation: 

We recommend that the Chairman take the following action to improve 
SEC's controls over securities transaction-fee revenue: 

(19) Develop and implement procedures for the review and consideration 
of OCIE inspection results by OFM as part of its process for recording 
Section 31 fees. 

Agency Comments: 

In providing written comments on a draft of this report, the SEC 
Chairman stated her commitment to continuing remediation efforts to 
resolve the control deficiencies GAO identified. The SEC Chairman 
reported several actions SEC took during fiscal year 2008 toward 
remediation of the deficiencies, including upgrading SEC's core 
financial system. The SEC Chairman stated that SEC will continue to 
address the three significant deficiencies by employing both short-term 
strategies expected to be completed this fiscal year and long-term 
strategies expected to be completed in fiscal year 2010. Specifically, 
the SEC Chairman cited the short-term strategies to develop or improve 
process documentation, overlay manual processes with additional 
compensating controls as needed, implement standard general ledger 
(SGL) compliant posting models, and implement process improvements to 
enhance efficiencies and effectiveness of internal controls and monitor 
performance. Further, the SEC Chairman cited the long-term solution is 
an automated, fully integrated financial management system that will 
eliminate manual processes, minimize reliance on detective controls, 
and comply with SGL requirements at the transaction level. In order to 
fully address GAO's recommendations, the SEC Chairman stated that SEC 
is preparing a corrective action plan which builds on SEC's ongoing 
efforts initiated in fiscal year 2008. The SEC Chairman also stated 
that SEC is finalizing a position paper on the treatment of FOIA fee 
revenues. We will evaluate the effectiveness of SEC's actions, 
strategies, and plans during our fiscal year 2009 audit. 

SEC's written comments are reprinted in enclosure II of this report. 

This report contains recommendations to you. The head of a federal 
agency is required by 31 U.S.C. § 720 to submit a written statement on 
actions taken on the recommendations to the Senate Committee on 
Homeland Security and Governmental Affairs and the House Committee on 
Oversight and Government Reform not later than 60 days from the date of 
this report. A written statement also must be sent to the House and 
Senate Committees on Appropriations with your agency's first request 
for appropriations made more than 60 days after the date of this 
report. 

This report is intended for use by SEC management. We are sending 
copies of this report to the Chairman and Ranking Members of the Senate 
Committee on Banking, Housing, and Urban Affairs; the Senate Committee 
on Homeland Security and Governmental Affairs; the House Committee on 
Financial Services; and the House Committee on Oversight and Government 
Reform. We are also sending copies to the Secretary of the Treasury, 
the Director of the Office of Management and Budget, and other 
interested parties. In addition, this report is available at no charge 
on GAO's Web site at [hyperlink, http://www.gao.gov]. 

We acknowledge and appreciate the cooperation and assistance provided 
by SEC management and staff during our audit of SEC's fiscal years 2008 
and 2007 financial statements. If you have any questions about this 
report or need assistance in addressing these issues, please contact me 
at (202) 512-9471 or franzelj@gao.gov. 

Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. 

Sincerely yours, 

Signed by: 

Jeanette M. Franzel: 

Managing Director: 

Financial Management and Assurance: 

[End of section] 

Enclosure I: 

Status of Recommendations from Prior Audits Reported as Open in GAO's 
2007 Management Report[Footnote 31] 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Disgorgement 
and penalties: 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; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Disgorgement 
and penalties: 2. Implement controls so that the ongoing activities 
involving disgorgements and penalties are properly, accurately, and 
timely recorded in the accounting system; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Disgorgement 
and penalties: 3. 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; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Financial 
statement preparation and reporting: 4. Develop or acquire an 
integrated financial management system to provide timely and accurate 
recording of financial data for financial reporting and management 
decision making; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Property and 
equipment leases: 5. Review all existing leases for property and 
equipment to determine if they should be capitalized or expensed and 
make any necessary adjustments to the related general ledger balances; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Property and 
equipment leases: 6. Develop policies and procedures to properly 
account for future property and equipment leases on an ongoing basis; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-05-691R and GAO-05-693-R: Closing 
recommendation to address Federal Managers' Financial Integrity Act 
weaknesses: 7. Require documented support and review of SEC's 
corrective actions to provide evidence that actions taken in response 
to audit recommendations fully correct identified deficiencies prior to 
closing out the audit issues in the tracking system; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-06-459R: Disgorgement and penalties: 
Develop, document in writing, and implement comprehensive policies, 
procedures, and controls over disgorgement and penalty transactions 
that include the following (see items 1-4): 1. An accounting policy for 
disgorgements and penalties that will provide SEC management with 
reasonable assurance that the subsidiary ledger for 
disgorgement/penalty receivables is accurate and complete; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-06-459R: Disgorgement and penalties: 
Develop, document in writing, and implement comprehensive policies, 
procedures, and controls over disgorgement and penalty transactions 
that include the following (see items 1-4): 2. The type of 
documentation and procedures needed to record the termination or waiver 
of a debt and the proper notification and communication for approved 
terminations and waivers, such that management has assurance that only 
valid and approved terminations are recorded; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-06-459R: Disgorgement and penalties: 
Develop, document in writing, and implement comprehensive policies, 
procedures, and controls over disgorgement and penalty transactions 
that include the following (see items 1-4): 3. The recording of 
activity by case for fiduciary balances, including monthly 
reconciliations and management review, to ensure that balances by case 
are accurate; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-06-459R: Disgorgement and penalties: 
Develop, document in writing, and implement comprehensive policies, 
procedures, and controls over disgorgement and penalty transactions 
that include the following (see items 1-4): 4. The initiation, 
recording, and monitoring of investments, including the monthly 
reconciliation of investment activity, to provide assurance that these 
fiduciary amounts are accurate and complete; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-06-459R: Responsibilities of contracting 
officer's technical representative (COTR): 5. Clarify guidance 
regarding policies and procedures (as described in SECR 10-8 and SECR 
10-15) for the COTR's responsibilities and take actions to help ensure 
existing policies and procedures are being followed consistently; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-06-459R: Internal review of filing fee 
calculations: 6. Take action to help ensure that its policy on 
recalculating fee- bearing filing amounts is consistently followed; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X. 

Audit area/recommendation: GAO-06-459R: Internal review of filing fee 
calculations: 7. Take action to help ensure that the recalculation of 
the required filing fees is clearly documented; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-07-482R: Property and equipment: 
1. Include, in its updated property management policies, detailed 
procedures for recording proper acquisition costs and dates in its 
asset-tracking system, and take steps to ensure that these procedures 
are being consistently implemented; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty].  

Audit area/recommendation: GAO-07-482R: Property and equipment: 2. 
Implement procedures requiring periodic comparisons of related details 
in disbursement and property/equipment subsidiary records to identify 
any unrecorded purchases that satisfy established capitalization 
criteria; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-07-482R: Property and equipment: 3. 
Implement procedures to ensure that internal use software project 
managers have a complete and consistent understanding of the 
requirements that should govern compilation of cost data submitted for 
capitalization, including consideration of joint Office of Information 
Technology and Office of Financial Management (OFM) training to 
software project managers on the requirements of applicable generally 
accepted accounting principles; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-07-482R: Property and equipment: 4. 
Implement procedures whereby OFM staff routinely review capitalized 
amounts for software projects against supporting documentation to 
provide additional assurance that the recorded amounts are accurate and 
complete; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-07-482R: Property and equipment: Payroll 
system access, approval of time and attendance records, and process 
documentation: 5. Evaluate the overall effectiveness of its actions 
taken in response to our findings regarding payroll and personnel 
action processing, when fully implemented, to determine whether any 
modifications, additional actions, or both are needed; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-07-482R: Comparison of furniture and 
equipment received and ordered: 6. Retain, in its updated property 
management policy, a procedure to document comparison of quantity and 
type of item received with the corresponding purchase order, and take 
actions to ensure that the comparisons are being consistently 
documented; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty].  

Audit area/recommendation: GAO-08-461R: Period-end financial reporting 
process: 1. Integrate subsystems that process significant accounting 
data with the general ledger; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Period-end financial reporting 
process: 2. Until subsystems are fully integrated, develop and 
implement documented data reliability checks for data extracted from 
nonintegrated subsidiary systems, including spreadsheets. These data 
reliability checks should include supervisory review; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Period-end financial reporting 
process: 3. Prepare written procedures which describe explicitly the 
steps required to accomplish and document each significant activity in 
the general ledger closing process and in the generation of the 
financial statements, including related disclosures; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty].  

Audit area/recommendation: GAO-08-461R: Disgorgement and penalties 
accounts receivable: 4. Develop and implement controls over the 
calculation of disgorgement and penalties accounts receivable, 
including the reliability of data downloaded from Phoenix and the 
accuracy of spreadsheet cell formulas and related methodologies; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Accounting for transaction fee 
revenue: 5. Establish and implement detailed written procedures for 
recording transaction fee revenue and the related receivable, including 
procedures for recognizing data received after the balance sheet date 
but prior to issuance of the financial statements; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-08-461R: Preparing financial statement 
disclosures: 6. Establish and implement detailed written procedures for 
the preparation and review of the financial statement disclosures, 
including the comparison of financial statement disclosure amounts to 
related information presented in the current and previous year 
financial statements and Management's Discussion and Analysis; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-08-461R: Property and equipment: 7. 
Establish and implement controls over invoiced property costs and dates 
to ensure that property and equipment acquisitions are accurately 
recorded in the relevant subsidiary ledgers for personal property, 
leasehold improvement, and software; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Property and equipment: 8. 
Establish and implement controls to ensure proper calculation of 
depreciation and amortization of additions to existing items over the 
remaining useful lives of the associated items; 
Status of recommendation: Closed: X; 
Status of recommendation: Open: [Empty]. 

Audit area/recommendation: GAO-08-461R: Accounting for budgetary 
resources: 9. Correct general ledger system configurations to properly 
account for upward and downward adjustments of prior-years' undelivered 
orders in accordance with the U.S. Standard General Ledger; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Accounting for budgetary 
resources: 10. Establish and implement controls over obligation-related 
entries (including original obligations, corrections, and 
deobligations) to ensure the use of correct U.S. Standard General 
Ledger accounts and the recording of correct amounts; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Accounting for budgetary 
resources: 11. Clarify administrative control of funds guidance and 
document the responsibilities of the staff performing obligation-
related activities with regard to recording obligations in accordance 
with the recording statute; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Accounting for budgetary 
resources: 12. Establish and implement controls to ensure that SEC 
staff adheres to existing policies and procedures to prevent violations 
of the recording statute; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Certification of employees' 
time cards, documentation of monitoring of time card certification, and 
approval of personnel actions: 13. Establish and implement procedures 
for documenting evidence of monitoring of time card certifications and 
include procedures to document any identified exceptions; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Audit area/recommendation: GAO-08-461R: Certification of employees' 
time cards, documentation of monitoring of time card certification, and 
approval of personnel actions: 14. Segregate key responsibilities over 
the approval of personnel actions so that no one individual approves 
his own personnel action; 
Status of recommendation: Closed: [Empty]; 
Status of recommendation: Open: X.  

Source: GAO. 

Note: Recommendations from GAO-05-691R, GAO-05-693R, GAO-06-459R, GAO- 
07-482R, and GAO-08-461R.Enclosure II: 

[End of table] 

[End of section] 

Enclosure II: Comments from the U.S. Securities and Exchange 
Commission: 

United States: 
Securities And Exchange Commission: 
Washington, D.C. 20549: 

The Chairman: 

March 24, 2009: 

Ms. Jeanette M. Franzel: 
Director: 
Financial Management and Assurance: 
Government Accountability Office: 
441 G Street, N.W.: 
Washington. DC. 20548: 

Dear Ms. Franzel: 

Thank you for the opportunity to review and comment on the draft report 
of the Government Accountability Office (GAO) entitled Internal 
Control: Improvements Needed in SEC's Accounting and Financial 
Reporting Process, GAO-09-376R, The report presents recommendations for 
improvements to internal control as identified in the GAO's financial 
statement audit of the Securities and Exchange Commission (SEC) for 
fiscal years 2007 and 2008. 

I am pleased that the GAO's FY 2008 audit found that the SEC's 
financial statements and notes were presented fairly, in all material 
respects, in conformity with U.S. generally accepted accounting 
principles. I am also pleased that GAO concluded that the SEC no longer 
had a material weakness in internal control over its financial 
reporting process. The elimination of this material weakness validates 
our remediation approach and is encouraging as we continue our efforts 
to improve SEC internal control in the future. However, the GAO found 
significant deficiencies in three areas: information security, property 
and equipment, and accounting for budgetary resources as of September 
30, 2008. We are committed to continuing our remediation efforts to 
resolve these items. 

In our response to last year's GAO report on improvements needed on 
internal controls. we stated that developing a fully integrated 
financial management system was the keystone of the SEC's Corrective 
Action Plan to remediate the deficiencies identified by the GAO. In FY 
2008 we accomplished the first step toward full integration of the 
SEC's financial management systems by upgrading the agency's core 
financial system, Momentum. The upgraded system provides full 
integration of accounts payable; accounts receivable, including 
disgorgements and penalties: purchasing; and property, plant. and 
equipment (PP&E) transactions with the general ledger. The system 
improvements eliminated a significant amount of manual data handling of 
material financial balances. resulting in enhanced timeliness, 
accuracy. and reliability of financial information and greater 
transparency in financial processes. 

In addition to this major FY 2008 accomplishment, the SEC made the 
following improvements in its financial management system: 

* The SEC improved process documentation for financial reporting and 
period-end closes in order to address the lack of documented procedures 
cited by GAO as the cause for deficiencies related to transaction fee 
revenues and preparing financial statement disclosures. 

* The SEC eliminated the labor-intensive use of multiple spreadsheets 
by automating the generation of financial statements and analytical 
reports. This step allowed the SEC to use automated rule-based 
validation and data integrity cheeks to perform quality assurance and 
identify abnormalities or inconsistencies. 

* The SEC utilized best practices to enhance several other SEC 
financial management business processes. improving the effectiveness 
and efficiency of internal control and increasing transparency. Most 
importantly, disgorgement and penalty disbursements are now 
accomplished through Momentum using standard disbursement processes. 
Previously the disbursements were made using an exception process, 
bypassing the framework of controls available through both Momentum and 
the standard Treasury certification and disbursement processes.

In FY 2009, the SEC will address the three significant deficiencies 
identified by GAO and will continue to strengthen internal control, by 
employing both short-term and long-term strategies. The short-term 
strategics for this fiscal year are to develop or improve process 
documentation: overlay manual processes with additional compensating 
controls as needed; implement standard general ledger (SGL) compliant 
posting models: and implement process improvements to enhance 
efficiencies and effectiveness of internal controls and monitor 
performance. In FY 2009, the SEC will continue to take a risk-based 
approach to ensure that process and procedural documentation is in 
place and updated as systems are changed. The documentation will he 
comprehensive and permit management and auditors to ascertain clearly 
who is performing the control activities, the frequency of the control 
activities, and how they are performed and evidenced. 

The long-term solution is an automated, full integrated financial 
management system that will eliminate manual processes. minimize 
reliance on detective controls, and comply with SGI, requirements at 
the transaction level. System integration will eliminate the need for 
the bulk of the manual data manipulation and entry currently required, 
resulting in enhanced timeliness, accuracy and reliability of the data, 
while reducing the need to maintain redundant schedules. The ability to 
fully comply with the SGL at the transaction level is dependent on 
SEC's ability to integrate or interface all transactional activity with 
Momentum. which is being enhanced to accommodate the necessary 
integration. As the next steps towards full integration of its 
financial management systems, the SEC will automate the manual 
interfaces currently in place for accounts receivable and PP&E, the 
manual process for investments and financial statements generation, and 
footnotes disclosure. The SEC will continue this effort as a top 
priority in FY 2009, and expects to complete this project in FY 2010. 

In order to fully address the control deficiencies specifically 
referenced in the draft report, as well as the recommendations made in 
the "Other Issues" section, we are preparing a corrective action plan 
which builds on our ongoing efforts initiated in fiscal year 2008. We 
will provide the plan to you in the near future, along with requests to 
close GAO recommendations that we feel our recent FY 2009 actions have 
addressed. 

We are also interested in discussing further with your team the GAO 
recommendations regarding the treatment of Freedom of information Act 
revenues. Because this issue came up at the very end of the E Y 2008 
audit, it was not the subject of a "Matters for Consideration" 
discussion, nor Ms. Jeanette M. Franzel was the issue addressed in the 
GAO audit report. We are currently finalizing a position paper on this 
subject and look forward to presenting it to you for resolution. 

As Chairman, I take the SEC's responsibility over financial reporting 
very seriously. I am committed to improving the SEC's financial 
integrity and operational efficiencies, so that the agency can lead by 
example when it comes to establishing and maintaining effective 
internal control over financial reporting. I appreciate your support of 
these efforts and look forward to continuing our productive dialogue 
during the course of this year's audit. 

Thank you again for the opportunity to comment on this report. If you 
have any questions relating to our response, please contact our Chief 
Financial Officer, Kristine Chadwick. at (202) 55I- 7l40. 

Sincerely,

Signed by: 

Mary Schapiro: 
Chairman: 

[End of section] 

Enclosure III: Summary of Audit Scope and Methodology[Footnote 32] 

To fulfill our responsibilities as auditor of the financial statements 
of the Securities and Exchange Commission (SEC), we did the following: 

* Examined, on a test basis, evidence supporting the amounts and 
disclosures in the financial statements. 

* Assessed the accounting principles used and significant estimates 
made by SEC management. 

* Evaluated the overall presentation of the financial statements. 

* Obtained an understanding of SEC and its operations, including its 
internal control related to financial reporting and compliance with 
laws and regulations. 

* Tested relevant internal controls over financial reporting and 
compliance with applicable laws and regulations, and evaluated the 
design and operating effectiveness of SEC's internal control. 

* Considered SEC's process for evaluating and reporting on internal 
control and financial management systems under the Federal Managers' 
Financial Integrity Act of 1982. 

* Tested compliance with selected provisions of the following laws and 
their related regulations: the Securities Exchange Act of 1934, as 
amended; the Securities Act of 1933, as amended; the Antideficiency 
Act; the Debt Collection Improvement Act; laws governing the pay and 
allowance system for SEC employees; the Prompt Payment Act; and the 
Federal Employees' Retirement System Act of 1986. 

We requested comments on a draft of this report from the SEC Chairman. 
We received written comments from SEC and summarized the comments in 
our report. We conducted our audit in accordance with U.S. generally 
accepted government auditing standards and OMB audit guidance. 

Footnotes: 

[1] GAO, Financial Audit: Securities and Exchange Commission's 
Financial Statements for Fiscal Years 2008 and 2007, [hyperlink, 
http://www.gao.gov/products/GAO-09-173] (Washington, D.C.: Nov. 14, 
2008). 

[2] A significant deficiency is a control deficiency, or combination of 
deficiencies, that adversely affects the entity's ability to initiate, 
authorize, record, process, or report financial data reliably in 
accordance with generally accepted accounting principles such that 
there is more than a remote likelihood that a misstatement of the 
entity's financial statements that is more than inconsequential will 
not be prevented or detected. 

[3] A material weakness is a significant deficiency or combination of 
significant deficiencies that results in more than a remote likelihood 
that a material misstatement of the financial statements will not be 
prevented or detected. 

[4] The internal control issues concerning information security are 
discussed in a separate report. Information Security: Securities and 
Exchange Commission Needs to Consistently Implement Effective Controls, 
[hyperlink, http://www.gao.gov/products/GAO-09-203] (Washington, D.C.: 
Mar. 16, 2009). 

[5] FOIA , codified, as amended, at 5 U.S.C.§ 552, provides the public 
with a legal right of access to information and documents controlled by 
the U.S. government. The act requires federal agencies to make such 
information and documents available for inspection and copying in 
response to a public disclosure request, unless an applicable exemption 
applies that partially or fully limits disclosure. Under this act, 
federal agencies are permitted to charge fees to cover the cost of 
providing the information. 

[6] A disgorgement is the repayment of illegally gained profits (or 
avoided losses) for distribution to harmed investors whenever feasible. 
A penalty is the monetary payment from a violator of securities law 
that SEC obtains pursuant to statutory authority. A penalty is 
fundamentally a punitive measure, although penalties occasionally can 
be used to compensate harmed investors. 

[7] Momentum is a database application used to record some of SEC's 
accounting transactions, to maintain its general ledger, and to 
maintain some of the information SEC uses to produce financial reports. 

[8] GAO, Internal Control: Improvements Needed in SEC's Accounting and 
Financial Reporting Process, [hyperlink, 
http://www.gao.gov/products/GAO-08-461R] (Washington, D.C.: Apr. 1, 
2008). 

[9] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[10] [hyperlink, http://www.gao.gov/products/GAO-08-461R]. 

[11] [hyperlink, http://www.gao.gov/products/GAO-09-173]. 

[12] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1].  

[13] Offsetting collections are amounts SEC receives from business-like 
transactions with the public (e.g., fees for filing registration 
statements), which SEC is authorized to credit to appropriations 
accounts for future obligation. The Securities Act of 1933 (15 U.S.C. § 
77a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. § 78a 
et seq.) require SEC to assess certain fees and credit them as 
offsetting collections. 

[14] FINRA (a corporation that was formerly known as the National 
Association of Securities Dealers (NASD)) is a self-regulatory 
organization under the Securities Exchange Act of 1934 and is 
responsible for regulatory oversight of all securities firms that do 
business with the public; professional training, testing, and licensing 
of registered persons; arbitration and mediation; market regulation by 
contract for the New York Stock Exchange, the NASDAQ Stock Market, 
Inc., the American Stock Exchange LLC, and the International Securities 
Exchange, LLC; and industry utilities, such as Trade Reporting 
Facilities and other over-the-counter operations. 

[15] Registrants are corporations that register with the SEC their 
securities, tender offer, merger, and other transactions as required by 
law under the Securities Act of 1933 and the Securities Exchange Act of 
1934. 

[16] The 2008 appropriation for SEC appropriated $906 million for SEC's 
necessary expenses and further required SEC to use the offsetting 
collections it receives during the year to reduce amounts appropriated 
from the General Fund of the U.S. Treasury. See Financial Services and 
General Government Appropriations Act, 2008, Pub. L. No. 110-161, div. 
D, tit. V, 121 Stat. 1972, 2010 (Dec. 26, 2007). 

[17] Single-year funds represent annual budget authority that is 
available for obligation during only 1 fiscal year or less. 

[18] No-year funds represent budget authority where the appropriation 
of budget authority or the authorization of the appropriation may make 
all or some portion of the amount available until expended. That means 
that, without further legislation, the funds remain available to incur 
obligations against the appropriation for an indefinite period of time. 

[19] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[20] An amount shall be recorded as an obligation of the U.S. 
government only when supported by documentary evidence of a binding 
agreement between an agency and another person (including an agency) 
that is in writing and executed before the end of the period of 
availability for obligation of the appropriation. 31 U.S.C. § 
1501(a)(1). Under the plain terms of the statute, an oral agreement may 
not be recorded as an obligation. See GAO, Principles of Federal 
Appropriations Law, vol. 2, 3RD ed., GAO-06-382SP (Washington, D.C.: 
February 2006), at pages 7-15 for a discussion of these principles. 

[21] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[22] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[23] Para. 2. 

[24] Section II.4.4.4, Earned Revenues. 

[25] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[26] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[27] [hyperlink, http://www.gao.gov/products/GAO-08-461R]. 

[28] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[29] Securities Exchange Act of 1934, § 31(d), codified, as amended, at 
15 U.S.C. § 78ee; as implemented in 17 C.F.R. § 240.31 (Section 31 
transaction fees). 

[30] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[31] [hyperlink, http://www.gao.gov/products/GAO-08-461R]. 

[32] For a further, more detailed explanation of our audit scope and 
methodology, see the discussion in our related financial audit report 
[hyperlink, http://www.gao.gov/products/GAO-09-173]. 

[End of section] 

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