# U.S. Securities and Exchange Commission

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URL: https://www.frixlaw.com/law-library/documents/agency%3Asec%3A59cef89efb2f5f8a

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

U.S. Securities and Exchange Commission

Management Report to Accompany
the Office of Inspector General
Semiannual Report to Congress
for the period April 1, 2022 through September 30, 2022

November 2022

U . S . S E C U R I T I E S A N D E X C HA N G E C O M M I S S I O N

Management Report to Accompany the
Office of Inspector General Semiannual Report to Congress
April 1, 2022 – September 30, 2022

Section 5(b) of the Inspector General Act of 1978, as amended, (Inspector General Act), requires the
Commission to transmit to the appropriate committees or subcommittees of the U.S. Congress a
Management Report, containing certain statistical tables and any comments deemed appropriate, to
accompany the Office of Inspector General’s (OIG’s) Semiannual Report. This Management Report
presents the required information for the reporting period of April 1, 2022 through September 30,
2022.

I.

Overview of SEC Audit Follow-up Activities

The SEC is committed to timely completion of corrective actions on OIG audit recommendations. At
the commencement of this semiannual reporting period, there were 43 open OIG recommendations.
During the period, management succeeded in obtaining OIG concurrence to close 14
recommendations. Of the 14 closed recommendations, management submitted 11 (or 79 percent)
requests for closure in less than one year. The SEC also received 3 new OIG reports during the
reporting period containing a total of 2 recommendations for improvement to the agency’s
processes and programs. At period-end, final action was pending on 31 recommendations from 11
reports. Four of those recommendations were pending OIG concurrence for closure.

II.

Reports with Monetary Savings

Sections 5(b)(2) and (3) of the Inspector General Act require the SEC Management Report to include
statistical tables summarizing the progress that the agency has made in responding to audit,
inspection, and evaluation reports containing “disallowed costs” and “recommendations that funds
be put to better use.”

Disallowed Costs. The term “disallowed costs” means a questioned or unsupported cost that
management, in a management decision, has sustained or agreed should not be charged to the
agency. For OIG reports that contain questioned or unsupported costs, SEC management will review
the facts and determine whether any or all of such costs should be disallowed. If the SEC agrees that
such costs should be disallowed, the agency will then evaluate whether to attempt to recover such
costs.
During the reporting period, OIG did not issue a report that contained any questioned or
unsupported costs. In addition, there are no outstanding management decisions on questioned or
unsupported costs identified in OIG reports from prior reporting periods.

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Table 1. Status of Final Action on Audit, Inspection and Evaluation Reports
with Disallowed Costs
(Reporting Period April 1, 2022 through September 30, 2022)
Number of
Reports

Dollar Value of
Disallowed Costs

A. For which final action had not been taken by the beginning of the reporting period

0

$0

B. On which management decisions were made during the reporting period

0

$0

C. For which final action was taken during the reporting period

0

$0

Audit, Inspection and Evaluation Reports

(i) Dollar value of disallowed costs that were recovered through collection, offsets,
property in lieu of cash, or otherwise

$0

(ii) Dollar value of disallowed costs that were written off by management

$0

D. For which no final action has been taken by the end of the period

0

$0

Recommendation that Funds be Put to Better Use. The term “recommendation that funds be put to
better use” means a recommendation that funds could be used more efficiently if management took
actions to implement and complete the accompanying recommendation. For OIG reports that
contain recommendations that funds be put to better use, SEC management will review the facts
and determine whether to implement such recommendations.

During the reporting period, OIG did not issue a report that contained a recommendation that funds be
put to better use as reflected in Table 2.
Table 2. Status of Final Action on Audit, Inspection and Evaluation Reports
with Funds Put to Better Use
(Reporting Period April 1, 2022 through September 30, 2022)
Number of
Reports

Dollar Value of
Funds Put to
Better Use

A. For which final action had not been taken by the beginning of the reporting period

0

$0

B. On which management decisions were made during the reporting period

0

$0

C. For which final action was taken during the reporting period

Audit, Inspection and Evaluation Reports

0

$0

(i) Dollar value of recommendations that were actually completed

0

$0

(ii) Dollar value of recommendations that management has subsequently concluded
should not or could not be implemented or completed

0

$0

0

$0

D. For which no final action has been taken by the end of the reporting period

III. Reports on Instances of Whistleblower Retaliation
Section 5(b)(4) of the Inspector General Act requires the SEC Management Report to include a
statement with respect to any settlement agreement entered into by the agency with an official found
by the Inspector General to have engaged in retaliation against a whistleblower. The SEC has no such
settlement agreements to report.

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IV. Reports More than One Year Old with Pending Corrective Action
Section 5(b)(5) of the Inspector General Act requires the SEC Management Report to include a
statement with respect to audit reports on which management decisions have been made but final
action has not been taken, other than audit reports on which a management decision was made
within the preceding year. Table 3 presents the required information.
Table 3. Audits and Other Reports More than One Year Old
(Reporting Period April 1, 2022 through September 30, 2022)

Report No./Title

Report
Date

Report 546: Audit of SEC's 3/30/2018
Compliance with the
Federal Information
Security Modernization Act
for Fiscal Year 2017

Funds Put
to Better
Use
$0

Disallowed
Costs

Status of Final Action

$0

Eighteen of the report’s 20 recommendations have
been closed with OIG’s concurrence. Corrective
actions on one of the remaining recommendation
were completed in October 2022 and submitted for
OIG review in a formal request for recommendation
closure. Completion of corrective actions on the
remaining recommendation are anticipated in Fall
2023.
Eight of the report’s nine recommendations have
been closed with OIG’s concurrence. The SEC’s Office
of Human Resources continues to work on the
remaining recommendation, with anticipated
completion by the end of calendar year 2022.

Report 549: The SEC Made 9/11/2018
Progress But Work Remains
To Address Human Capital
Management Challenges
and Align With the Human
Capital Framework
12/17/2018
Report 552: Fiscal Year
2018 Independent
Evaluation of SEC’s
Implementation of the
Federal Information
Security Modernization Act
of 2014
2/26/2020
Report 559: The SEC's
Office of Broker-Dealer
Finances Provides Effective
Oversight, But
Opportunities To Improve
Efficiency Exist
Report 562: Opportunities 9/30/2020
Exist To Improve the SEC's
Management of Mobile
Devices and Services

$0

$0

$0

$0

Ten of the report’s 11 recommendations have been
closed with OIG’s concurrence. Corrective actions on
the remaining recommendation were completed in
October 2022 and submitted for OIG review in a
formal request for recommendation closure.

$0

$0

Two of the three recommendations have been closed
with OIG concurrence. The SEC’s Division of Trading
and Markets anticipates completion of corrective
actions by the end of calendar year 2022.

$0

$0

12/21/2020
Report 563: Fiscal Year
2020 Independent
Evaluation of SEC's
Implementation of the
Federal Information
Security Modernization Act
of 2014
9/29/2021
Report 568: Additional
Steps Are Needed For the
SEC To Implement a WellDefined Enterprise
Architecture

$0

$0

Three of the seven recommendations have been
closed with OIG concurrence. Corrective actions
addressing the remaining four recommendations are
in progress, and anticipated completion in Spring
2023.
Five of the seven recommendations have been
closed with OIG concurrence. OIT anticipates
completion of one remaining recommendation by
the end of calendar year 2022 and completion of the
other recommendation by the Spring of 2023.

$0

$0

As of September 30, 2022, three of the report’s
seven recommendations were closed with OIG’s
concurrence. Three additional recommendations
were closed in October 2022. Completion of
corrective actions on the remaining recommendation
is anticipated in the third quarter of fiscal year 2023.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Asec%3A59cef89efb2f5f8a. Public record. Not legal advice.
