2020 AGENCY ETHICS PROGRAM QUESTIONNAIRE

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PART 1. INTRODUCTION

Executive branch agencies are required to submit an annual report to the United States Office of Government Ethics (OGE) concerning certain aspects of their ethics programs (Section 402(e)(1) of the Ethics in Government Act of 1978, as amended). Your response to OGE’s Annual Ethics Program Questionnaire (questionnaire) serves as your annual report.

OGE uses the data collected through the questionnaire in many ways, including sharing information about the entire executive branch ethics program with the public, Congress, and the ethics community. OGE also uses the information to carry out its oversight role, to gain knowledge about individual programs as well as the overall ethics program, and to make informed decisions about resource allocations and priorities. OGE posts a summary of questionnaire responses and each agency’s unedited responses on OGE’s website. Therefore, please ensure your responses are suitable for publication.

OGE encourages each agency to use the annual exercise of completing the questionnaire as an opportunity to evaluate your ethics program.

DUE DATE: By regulation, the questionnaire is due to OGE by February 1, 2021. (5 C.F.R. 2638.207(a)).

PART 2. INSTRUCTIONS

Your response to this questionnaire should reflect the 2020 calendar year (i.e., 1/1/2020 through 12/31/2020), except where specified. The answers provided should reflect the aggregate data for your agency. OGE will only accept one submission per agency.

Throughout the questionnaire you will be offered an opportunity to provide comments or explanations for your responses. Please use these comment sections to explain any discrepancies between levels of required activity and actual activity. These comment sections should also be used to explain significant changes from your 2019 report. After OGE has reviewed your questionnaire submission, you may be contacted for follow-up.

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If you have any further questions, please contact Wendy Pond at wgpond@oge.gov.

PART 3. DEFINITIONS

Agency Head: For purposes of this questionnaire, in the case of an agency headed by more than one person, the chair or comparable member of such agency.

D.C Metro Area: For purposes of this questionnaire, D.C. Metro Area means the District of Columbia, DC; Calvert County, MD; Charles County, MD; Prince George's County, MD; Arlington County, VA; Clarke County, VA; Culpeper County, VA; Fairfax County, VA; Fauquier County, VA; Loudoun County, VA; Prince William County, VA; Rappahannock County, VA; Spotsylvania County, VA; Stafford County, VA; Warren County, VA; Alexandria city, VA; Fairfax city, VA; Falls Church city, VA; Fredericksburg city, VA; Manassas city, VA; Manassas Park city, VA; Jefferson County, WV; and, Silver Spring-Frederick-Rockville, MD Metropolitan Division Frederick County, and Montgomery County.

Full-time Agency Employees: For purposes of this questionnaire, the term “full-time agency employees” includes employees detailed to another agency. It also includes officers, but not enlisted members, of the uniformed services.

Special Government Employee (SGE): For purposes of this questionnaire, the term “special Government employee” (SGE) means an officer or employee who is retained, designated, appointed, or employed, to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not more than 130 days during any period of 365 consecutive days. The term “SGE” does not include enlisted members, of the Armed Forces. It does, however, include these categories of officers or employees:
  • Part-time United States commissioners;
  • Reserve officers of the Armed Forces and officers of the National Guard of the United States (unless otherwise officers or employees of the United States) while on active duty solely for training or serving involuntarily.

PART 4. ORGANIZATION/RESOURCES

1. Agency

  • Department of Defense - Department of the Air Force

2. Employees

  • Number of full-time agency employees as of December 31, 2020
480372

3. Information about the Designated Agency Ethics Official (DAEO):

a. Vacant (as of December 31, 2020)?
No

b. Time in current DAEO position
1 - 4 years

c. Total years performing ethics duties
10 or more years

d. Percent of time spent on ethics
0-25%

e. Is the DAEO a career employee or a political appointee?
Political employee

f. Number of reporting levels between the DAEO and the agency head.
1

4. Information about the Alternate Designated Agency Ethics Official (ADAEO):

a. Vacant (as of December 31, 2020)?
No

b. Time in current ADAEO position
1 - 4 years

c. Total years performing ethics duties
10 or more years

d. Percent of time spent on ethics
0-25%

e. Is the ADAEO a career employee or a political appointee?
Career employee

5. Number of employees, including the DAEO and ADAEO, who performed ethics program duties in 2020 (e.g., financial disclosure, education and training, advice and counseling, and program administration).

Number of employees by hours worked each week
Duty Station
Less than 1 hour per week
(up to .025 FTE*)
1-10 hours per week
(up to .25 FTE*)
11-20 hours per week
(up to .5 FTE*)
21-30 hours per week
(up to .75 FTE*)
31-40 hours per week
(up to 1 FTE*)
TOTAL
a. D.C. Metro area
9
13
2
2
13
39
b. Outside the D.C. Metro area
317
440
92
25
37
911
TOTAL
326
453
94
27
50
950

* FTE = Full Time Equivalent

Example: The table below provides an example of an agency with 13 employees that performed ethics
program duties in 2020.

EXAMPLE
Number of employees by hours worked each week
Duty Station
Less than 1 hour per week
(up to .025 FTE*)
1-10 hours per week
(up to .25 FTE*)
11-20 hours per week
(up to .5 FTE*)
21-30 hours per week
(up to .75 FTE*)
31-40 hours per week
(up to 1 FTE*)
TOTAL
D.C. Metro area
1
0
2
2
1
6
Outside the D.C. Metro area
1
3
3
0
0
7
TOTAL
2
3
5
2
1
13

6. In what areas did contractors support the ethics program? Select all that apply.

  • Check all that apply


Administrative support (e.g., tracking filing or training requirements, sending reminders, data entry, etc.)

  • Please describe IT support (optional)
    NA

  • Please describe administrative support (optional)

  • Please describe substantive support (optional)
    NA

  • Specify Other
    NA

7. Did your agency receive ethics services or support from another federal agency or federal entity? (Do not include contractors, OGE support, or OMB support of MAX.gov.)

  • Select Yes or No
No

  • Please provide the name(s) of the federal agency or entity:

  • Describe the services or support received:

8. Did your agency provide ethics program services or support for any board, commission, or agency that is independant of your agency?

  • Select Yes or No
No

  • Please provide the name(s) of the board, commission, or agency:

  • Describe the services or support provided:

9. Does your agency's ethics program need additional resources? Check all that apply.

  • Select type of resources

    Human Capital, Technology

  • Specify Other
    NA

10. Did the agency head meet with the ethics staff to discuss the strengths and weaknesses of the ethics program in 2020?

  • Select Yes, No, or Not Applicable
No

  • If Not applicable above, specify why
    NA

11. Did your agency (e.g., ethics office, Inspector General, General Counsel, etc.) evaluate any aspect of the ethics program in 2020 (5 C.F.R. 2638.104(c)(16))?

  • Select Yes or No
Yes

12. To whom were the results reported? Select all that apply.

    DAEO, General Counsel, Inspector General, Other

  • Specify Other
    OGE, ADAEO

13. What kind of changes resulted from the assessment?

    Programmatic changes (please describe)

  • Please Describe: (Please describe programmatic or policy changes; Specify why no changes resulted; Specify why not applicable)
    Changes in Standards of Procedure, and engagement with HR offices.

14. Of the following required written procedures, which did you have in place?
Check all that apply.

Financial disclosure program, including for the filing, review, and when applicable, public availability of public financial disclosure reports (5 C.F.R. 2638.104(c)(8)(i)), Issuance of notice of ethical obligations in written offers of employment (5 C.F.R. 2638.303), Provision of initial ethics training (5 C.F.R. 2638.304), Issuance of ethics notice to new supervisors (5 C.F.R. 2638.306)

  • Explain what steps you are taking to implement the required written procedures:
    NA

ADDITIONAL COMMENTS FOR PART 4. Please indicate the question number to which the comment corresponds.

  • Additional Comments

PART 5. EDUCATION AND TRAINING

15. Did the office(s) responsible for issuing ethics notices to prospective employees, pursuant to 5 C.F.R. 2638.303, provide the DAEO with the written confirmation required pursuant to 5 C.F.R. 2638.310?

    None of the offices provided the written confirmation to the DAEO (explain why not all offices then skip to #17)

  • Please Explain why not all offices:
    In calendar year 2020, HR offices were unaware of the requirement. However, beginning in September 2020, we started actively engaging with those offices to ensure that they were aware of the requirement going forward, and they have complied with the requirement for the 15 Jan 2021 deadline.

16. Did written offers of employment for positions covered by the Standards of Conduct include the information required by 5 C.F.R. 2638.303?

  • Please Explain why not all offers:
    NA

  • Please Explain:
    NA

17. How many new agency leaders, as defined in 5 C.F.R. 2638.305(a), were required to receive ethics briefings by December 31, 2020? Exclude SGEs that were expected to serve less than 60 days on a board, commission, or committee.

Total Number
0
    • a. How many of those leaders received their briefing within 15 days of their appointment?
    • b. How many of those leaders received their briefing beyond the 15-day requirement?
    • c. How many of those leaders have yet to receive their briefing as of today?

    • If applicable, please explain why some of the leaders received their briefing beyond the 15-day requirement or have yet to receive their briefing.

18. How many employees, including SGEs, were required to receive Initial Ethics Training (IET) by December 31, 2020 (5 C.F.R. 2638.304)? Include employees who were excluded, under 5 C.F.R. 2638.304(a)(2), from the requirement to receive the interactive portion of the IET.

Number required
21019
  • a. How many of those employees received IET within the 3-month requirement?
18351
  • b. How many of those employees received IET beyond the 3-month requirement?
1690
  • c. How many of those employee have not received IET as of today?
978

Example: If an employee started at the agency on December 15, 2020, and the employee completed IET prior to the end of the calendar year, include the employee in your required and received numbers. If, on January 1, 2021, the employee has not completed IET, do not count that employee in your required numbers. Instead, include the employee in your 2021 questionnaire response to be filed in 2022.

  • If applicable, please explain why some employees received IET beyond the 3-month requirement or have yet to receive IET.
    Please see Additional Comments at the end of this Part

19. Did the office(s) delegated the responsibility for providing initial ethics training (IET) provide the required written confirmation to the DAEO, pursuant to 5 C.F.R. 2638.310?

    None of the offices provided the written confirmation to the DAEO (explain why not all offices)

  • Please Explain why not all offices:
    There was a breakdown in communication between HR and the DAEO's office when we went from live initial ethics training to computer-based interactive training, and, therefore, HR was unaware of the requirement.

20. Did the head of the agency complete either initial ethics training and/or annual ethics training in 2020?

  • Select One
Yes

  • Please specify why if "No" or "Not Applicable"

21. Required Annual Ethics Training

Type of covered employees (Include SGE filers)
# Required
# Received (of those required)

    a. Executive Schedule Level I or Level II public filers (OGE Form 278e)
1
1

    b. All other public filers (OGE Form 278e)
698
650

    c. Confidential filers (OGE Form 450 and OGE-approved alternative confidential financial disclosure forms)
26618
26139

    d. Other employees required by 5 C.F.R. 2638.307(a) (employees appointed by the President; employees of the Executive Office of the President; contracting officers; or, other employees designated by the head of the agency.)
67
67

TOTAL
27384
26857

  • If applicable, please explain discrepancies between the number of employees who were required to receive training and the number of employees who received training:
    Please see Additional Comments at the end of this Part

22. Did your DAEO establish additional requirements for the agency's ethics education program, beyond those described in 5 CFR 2638.303-308? For example, did your DAEO establish specific government ethics training requirements for groups of agency employees?

  • Select Yes or No
No

  • Please Describe:

23. If your agency assessed risk to help inform the content, format, and/or timing of ethics education and communications, select all that apply (see PA-19-05 for reference):


Reviewed advice logs for common issues, Discussed upcoming work and agency priorities with senior staff, Talked to program managers about risks inherent in their work, Conducted surveys to identify common and emerging ethics risks, Talked to employees about the ethics concerns they encounter in the workplace.

  • Please explain other:

24. If your agency evaluated the effectiveness of your ethics education and/or communication, select all that apply (see PA-19-05 for reference):


Conducted self-assessments to ensure that required employees are receiving training, Administered post-training evaluations to assess participants' perceptions of the training, Reviewed advice logs for increased activity after training presentations and communications, Held discussions with agency leaders and employees to evaluate whether the training and communications they received have supported them in managing ethics risks.
Other (please specify)

  • Please explain other:
    Some offices forwarded updated ethics training to directorate leaders and subordinate wing leaders. POCs often attend monthly HAF ethics briefs as well, monitor common issues, and push targeted training to address them.

ADDITIONAL COMMENTS FOR PART 5. Please indicate the question number to which the comment corresponds.

  • Additional Comments
    Q21: There is a fairly steep increase in the number of confidential financial disclosure filers that received annual ethics training this year. We believe that the number provided last year was artificially low, and would have been more consistent with the current numbers. We realized this year that not all offices rely on FDM to track their annual filers’ training, and it was assumed that they did, so we relied on FDM’s numbers last year. This year, as we now understand that is not the case, we have received the numbers throughout the Air Force, and believe that this is the most accurate count.
    Q18 – How many employees, including SGEs, were required to receive Initial Ethics Training (IET) by December 31, 2020 (5 C.F.R. 2638.304)? Include employees who were excluded, under 5 C.F.R. 2638.304(a)(2), from the requirement to receive the interactive portion of the IET. (If applicable, please explain why some employees received IET beyond the 3-month requirement, or have yet to receive IET): • Lack of communication between HR offices and the legal offices that provide the training.
    • In the case of some employees, problems with email communications were the cause of their receiving the training beyond the three month requirement. All four eventually received training.
    • There were new/inexperienced ethics counselors who inadvertently overlooked the requirement.
    • Some offices perform the training quarterly, and there was an incident where the training had to be delayed one quarter, and some new employees went beyond the 90 day deadline.
    • Delays due to transitions from live training to virtual due to COVID-19.
    • Due to COVID-19 access restrictions on several installations/the move to teleworking for most employees, some new employees were not identified in a timely manner as not having received the training within three months. Others were unable to access the training online during the initial three months due to challenges with/availability of internet service from home.
    • In some cases, individuals were deployed shortly after being hired, and were not available for training until after the initial three months of employment.
    • Some employees departed the Air Force before three months had lapsed.
    • In some cases, employees were non-responsive to requests to complete training.
    • Some offices postponed trainings in the spring due to COVID-19, believing that the restrictions would be short-lived. Once they realized that was not the case, they developed a virtual training.
    • Some offices have refused to count the training as completed unless the employee produces a certificate, however, there are problems with the current computer-based programs, and a certificate is not always generated. Moreover, although an employee may have been trained within 90 days, if they did not turn in the certificate before the 90 days was up, they were not counted as timely trained.
    • There was confusion as to whether onboarding employees who were already DoD employees needed to be trained again.
    • Due to the pandemic, a number of new hires did not have the requisite computer access to complete the training within 90 days.
    • Some new hires were sent on temporary duty to a training academy, and were delayed beyond the 90 days due to travel restrictions.
    • In 2020 there were transitions from live to computer-based interactive training. HR offices did not understand their obligation to notify new employees of their training obligation, so a substantial amount went untrained. However, those individuals are being contacted, and they will be trained ASAP. Q21 – If applicable, please explain discrepancies between the number of employees who were required to receive training and the number of employees who received training: • Some filers did not receive training due to significant illness, deployment, inability to access the materials due to technological difficulties.
    • Some filers ignored repeated requests for completion, or, despite making contact, would never follow through on promises to complete the training.
    • Some filers left the position (i.e., moved assignments, deployed, separated, retired) before the end of the year, without completing the training, and therefore, they are unaccounted for in the total trained.
    • There were a number of instances where it was suspected that the training was completed, but the employees could not be reached in time for this reporting to confirm, so they were counted as having not completed the training.
    • Due to the pandemic, there were a number of filers who had unreliable technological capabilities that impeded their ability to timely train.
    • There is an issue with 450 filers not understanding that there is no connection between the computer-based training system and FDM, which some offices use to track training. Those individuals tend to ignore requests for reporting completion, because they believe that the ethics counselors should be able to see it. The emails sent out have emphasized that there is no connection, and we do rely on them self-reporting, but there are a large number of filers who don’t understand or appreciate that fact.
    • There were filers who were assigned a 450 report in December, but did not actually file in 2020, but they populate as requiring training in 2020 anyway.

PART 6. ADVICE, COUNSELING, AND REMEDIES

25. From the list below, select the three topics that your employees most frequently sought guidance on in 2020. Please rate them in order, so that the first topic is the topic on which the employees sought guidance the most frequently.

  • Conflicting financial interests
  • Gift acceptance
  • Financial disclosure reporting
  • Impartiality in performance of official duties
  • Misuse of position, government resources, and information
  • Outside employment/activities
  • Post-employment restrictions
  • Travel, subsistence, and related expenses from non-federal sources
  • Other (specify)

  • Selection 1
Financial Disclosure Reporting
  • Selection 2
Gift acceptance
  • Selection 3
Post-employment restrictions

  • Explain Other 1
NA
  • Explain Other 2
NA
  • Explain Other 3
NA

26. Number of notification statements of negotiation or recusal under section 17(a) of the STOCK Act submitted to the ethics office in 2020 (see 5 C.F.R. 2635.602(a)):

  • Enter total
57

27. Number of 18 U.S.C. 208 waivers granted in 2020:

Number Granted in 2020
Number Sent to OGE
    a. 208(b)(1) waivers
0
0
    b. 208(b)(3) waivers
0
0

  • If applicable, please explain discrepancies between the number of waivers granted and the number provided to OGE.

ADDITIONAL COMMENTS FOR PART 6. Please indicate the question number to which the comment corresponds.

  • Additional Comments

PART 7. FINANCIAL DISCLOSURE PROGRAM MANAGEMENT AND ELECTRONIC FILING SYSTEMS

28. How often, within the 15-day deadline, did the human resources office(s) notify the DAEO of appointments to public and confidential financial disclosure filing positions (5 C.F.R. 2638.105(a)(1))?

    a. Public Filers
In Some Cases (specify why, below)

    • If not applicable, specify why.
      NA

    • If "never" or "in some cases", please explain further:
      Please see Additional Comments at the end of this Part

    b. Confidential Filers
In Some Cases (specify why, below)

    • If not applicable, specify why.
      NA

    • If "never" or "in some cases", please explain further:
      Please see Additional Comments at the end of this Part

29. How often, within the 15-day deadline, did the human resources office(s) notify the DAEO of terminations from public financial disclosure filing positions (5 C.F.R. 2638.105(a)(2))?

Public FilersIn Some Cases (specify why, below)

    • If not applicable, specify why.
      NA

    • If "never" or "in some cases", please explain further:
      Please see Additional Comments at the end of this Part

30. Did your agency use an electronic financial disclosure filing system in calendar year 2020? Note: This includes Integrity, but would not include a mere digital signature of a PDF fillable form.

  • Select Yes or No
Yes

31. Which system did your agency use?

  • Select one
Integrity and Other (specify)

  • Specify Other
    Financial Disclosure Management System (FDM).

32. Indicate for which forms your agency used the other e-filing system.

  • Check all that apply
Confidential Financial Disclosure (OGE Form 450 or OGE-approved alternative form)

33. Indicate your fiscal year 2020 actual costs for using the e-filing system. Note: Because OGE does not charge fees to use Integrity,there are no reportable costs associated with the use of Integrity.

Public (do not include Integrity)Confidential
a. Amount paid to a non-federal vendor in FY 2020
0
Don’t know/don’t track

b. Amount paid to a federal agency in FY 2020
0
Don’t know/don’t track

c. Amount for all internal costs associated with operating an e-filing system (e.g., FTE, overhead, etc.) in FY 2020
0
Don’t know/don’t track

  • Please explain "Don’t know/don’t track" answer above
    The Air Force utilizes the Army's system, FDM, for confidential filing. While the Army has informed us this year that the the total cost for the Air Force was $534,090.06 for CY2020, it appears that Army paid the cost. Moreover, we do not have a further breakdown of that cost.

34. Indicate the number of filers who filed electronically in fiscal year 2020.

    a. public financial disclosure filers (exclude filers in Integrity)
0

    b. confidential financial disclosure filers
27176

ADDITIONAL COMMENTS FOR PART 7. Please indicate the question number to which the comment corresponds.

  • Additional Comments
    Q28 – How often, within the 15-day deadline, did the human resources office(s) notify the DAEO of appointments to public and confidential financial disclosure filing positions
    (5 C.F.R. 2638.105(a)(1))? (If “never” or “in some cases,” please explain further): [Response covers both public and confidential filers] • Many HR offices dispute that they have a responsibility to do so.
    • Some HR offices have explained that many organization’s PDs do not specify that the position requires 450 filing. Supervisors determine the need for filing on a case-by-case basis.
    • Due to position movements, most, but not all, confidential filers were identified within 15 days.
    • Some installations brief all of the new hires on financial disclosure within two weeks of onboarding, which is how they identify them without HR assistance.
    • Supervisors are not making the determination as to whether an employee should file in a timely manner, and when they do, they frequently neglect to inform legal of their decision.
    • Some wings are small enough that they can check in with the units on a regular basis to monitor incoming 450 filers, so HR involvement is not as necessary.
    • Even when they do acknowledge responsibility, HR offices are frequently inconsistent with notifications, particularly since the pandemic began.
    • HR has not implemented a system to ensure that notifications are routinely provided to legal offices, nor have they created a checklist for potential filers.
    • Some installations have established online, self-paced onboarding since the pandemic hit, and that has reduced communication between the HR and legal offices. Q29 – How often, within the 15-day deadline, did the human resources office(s) notify the DAEO of terminations from public financial disclosure filing positions
    (5 C.F.R. 2638.105(a)(2))? (If “never” or “in some cases,” please explain further): • In some cases there were no terminations for the year.
    • In some cases, the ethics counselors have close working relationships with the filers, and would naturally know when they are terminating, so notification is not necessary.
    • Some HR offices have declined to provide information to legal offices when personnel are departing filing positions.
    • There are also announcements for retiring/separating Senior Leaders each week, and you will see their names there, and can then reach out. However, that announcement can be inconsistent about the timing for each individual’s retirement.

PART 8. PUBLIC FINANCIAL DISCLOSURE

35. Report the number of public financial disclosure reports (OGE Form 278e) required to be filed by December 31, 2020, excluding SGEs, and the number of reports actually filed (i.e., received) by December 31, 2020.

OGE Form 278e Reports
PAS2
Non-Career SES3
Career SES3
Schedule C
Other4
TOTAL
a. New EntrantRequired
0
1
28
6
92
127
Filed
0
1
28
6
91
126
b. AnnualRequired
6
17
203
3
511
740
Filed
6
17
203
3
508
737
c. TerminationRequired
0
1
14
3
56
74
Filed
0
1
14
3
50
68
d. Combination1Required
0
0
5
0
11
16
Filed
0
0
5
0
10
15
    Total
Required
6
19
250
12
670
957
Filed
6
19
250
12
659
946

1 Includes reports filed to satisfy both annual and termination requirements, as well as new entrant and termination requirements.
2 Presidential appointees confirmed by the Senate.
3 Senior Executive Service, Senior Foreign Service, Senior Cryptologic Service, Defense Intelligence Senior Executive Service, etc.
4 Includes members of the Uniformed Services, Administrative Law Judges, Senior Level employees (SES Equivalent), administratively-determined positions, officials in the Executive Office of the President who do not otherwise meet the criteria of another category in the chart, etc.


Example for new entrant and termination reports: If an employee joined/departed the agency on December 15, 2020, and the employee filed a new entrant/termination report prior to the end of the calendar year, include the report in your required and filed numbers. If, on January 1, 2021, the employee has not filed a new entrant/termination report, do not count that report in your required numbers. Instead, include the report in your 2021 questionnaire response to be filed in 2022.

  • If applicable, please explain discrepancies between the number of reports required to be filed and the actual number of reports filed.
    Some filers were deployed, some failed to comply before the end of the year.

36. Note the number of public financial disclosure reports certified or otherwise closed by your agency during the calendar year. Exclude reports of SGEs. Of those reports, indicate how many were initially reviewed within 60 days and how many were certified within 60 days. “Initially reviewed within 60 days” means having completed a technical review and conflicts analysis. See 5 C.F.R. 2634.605 and section 4.02 of the Public Financial Disclosure Guide.

OGE Form 278e Reports
PAS2
Non-Career SES3
Career SES3
Schedule C
Other4
TOTAL
a. New Entranti. How many reports did your agency certify or close in 2020?
0
2
32
6
98
138
ii. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
0
2
31
6
91
130
iii. Of those certified or closed in 2020, how many were certified or closed within 60 days?
0
1
28
6
82
117
b. Annual
PAS2
Non-Career SES3
Career SES3
Schedule C
Other4
TOTAL
i. How many reports did your agency certify or close in 2020?
6
16
201
3
503
729
ii. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
6
15
198
3
485
707
iii. Of those certified or closed in 2020, how many were certified or closed within 60 days?
4
13
177
3
427
624
c. Termination
PAS2
Non-Career SES3
Career SES3
Schedule C
Other4
TOTAL
i. How many reports did your agency certify or close in 2020?
0
0
14
3
48
65
ii. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
0
0
14
3
48
65
iii. Of those certified or closed in 2020, how many were certified or closed within 60 days?
0
0
14
3
48
65
d. Combination
PAS2
Non-Career SES3
Career SES3
Schedule C
Other4
TOTAL
i. How many reports did your agency certify or close in 2020?
0
0
5
0
10
15
ii. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
0
0
5
0
9
14
iii. Of those certified or closed in 2020, how many were certified or closed within 60 days?
0
0
5
0
9
14
    Total
i. How many reports did your agency certify or close in 2020?
6
18
252
12
659
947
ii. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
6
17
248
12
633
916
iii. Of those certified or closed in 2020, how many were certified or closed within 60 days?
4
14
224
12
566
820

1 Includes reports filed to satisfy both annual and termination requirements, as well as new entrant and termination requirements.
2 Presidential appointees confirmed by the Senate.
3 Senior Executive Service, Senior Foreign Service, Senior Cryptologic Service, Defense Intelligence Senior Executive Service, etc.
4 Includes members of the Uniformed Services, Administrative Law Judges, Senior Level employees (SES Equivalent), administratively-determined positions, officials in the Executive Office of the President who do not otherwise meet the criteria of another category in the chart, etc.

  • If applicable, please explain why some reports were reviewed more than 60 days after submission.
    • There was some confusion as to which certifier was responsible for a particular attorney.
    • Reports were not being assigned efficiently, and some certifiers were not given adequate time to review the report.
    • Simple oversight.
    • Pressing assignments made it difficult for undermanned offices to keep up with the volume of reports.

  • If applicable, please explain why some reports were certified or closed more than 60 days after submission. Check all that apply.

    other (specify)

  • Specify Other
    • For many filers, it was the first time filing in Integrity, and they were confused by the format, and some differences in instructions, which resulted in increased requests for additional information.
    • The COVID-19 shifts in duty location created widespread difficulties in accessing reports in a timely manner to respond to questions, and to certify the reports.
    • Turnover in staff and leadership, and other manpower deficiencies, overwhelm undermanned offices (even if temporarily undermanned).

37. Number of periodic transaction reports filed, excluding those filed by SGEs

    • Periodic Transaction Reports Filed
749
Note: Count the total number of periodic transaction reports filed. Example 1: If two employees each file 5 periodic transaction reports during the calendar year, report “10” in the table above. Example 2: If an employee files one report each month, each report is counted separately. Report “12” in the table.

38. Extension and late fees for new entrant, annual, termination, and combination public financial disclosure reports, and periodic transaction reports, excluding those for reports filed by SGEs.

Granted filing extension
Granted waiver of late filing fee
Paid late filing fee
    a. Number of OGE Form 278e Reports
161
6
0
    b. Number of OGE Form 278-T Reports
17
12
0

39. Number of public financial disclosure filers reported in calendar year 2020 to the Attorney General for failure to file.

  • Enter total
0

40. How many requests for public financial disclosure reports did you receive in 2020? Count each OGE Form 201 as one request, even if it contains a request for documents for multiple individuals.

  • Enter total
7

ADDITIONAL COMMENTS FOR PART 8. Please indicate the question number to which the comment corresponds.

  • Additional Comments

PART 9. CONFIDENTIAL FINANCIAL DISCLOSURE

41. Report the number of confidential financial disclosure reports required to be filed by December 31, 2020, excluding SGEs, and the number of reports actually filed by December 31, 2020.

a. Required
b. Filed
27477
OGE Form 450
27176
OGE-approved alternate form
0
Total
27477
27176

    Note: If a 450 filer leaves the filing position before the due date, the report is not required per 5 C.F.R. 2634.903(a).

    Example for new entrant reports: If an employee started at the agency on December 15, 2020, and filed a new entrant report prior to the end of the calendar year, include the report in your required and filed numbers. If, on January 1, 2021 the employee has not filed a new entrant report, do not count that report in your required numbers. Instead, include the report in your 2021 questionnaire response to be filed in 2022.

    If applicable, please explain discrepancies between the number of reports required to be filed and the actual number of reports filed.
  • Explain, if applicable
    Please see Additional Comments at the end of this Part

42. Note the number of confidential financial disclosure reports certified or otherwise closed by your agency during the calendar year. Exclude reports of SGEs. Of those reports, indicate how many were initially reviewed within 60 days and how many were certified within 60 days. "Initially Reviewed within 60 days" means having completed a technical review and conflicts analysis. See 5 C.F.R. 2634.605 and the Certification Requirements section of the Confidential Financial Disclosure Guide.

a. How many reports did your agency certify or close in 2020?
b. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
c. Of those certified or closed in 2020, how many were certified or closed within 60 days?
OGE Form 450 and OGE-approved alternative
26442
25164
25122

  • If applicable, please explain why some reports were reviewed more than 60 days after submission.
    Please see Additional Comments at the end of this Part

  • If applicable, please explain why some reports were certified or closed more than 60 days after submission. Check all that apply.
    additional information was being sought, remedial action was being taken
    other (specify)

  • Specify Other
    Please see Additional Comments at the end of this Part

43. Number of OGE 450 or OGE-approved alternative forms granted filing extensions in 2020.

  • Enter number
201

ADDITIONAL COMMENTS FOR PART 9. Please indicate the question number to which the comment corresponds.

  • Additional Comments
    Q41 – If applicable, please explain discrepancies between the number of (450) reports required to be filed, and the actual number of reports filed: • There is sometimes a breakdown in communication in reporting who needs to be added or removed as a filer when they come on board or leave, or begin/discontinue duties that require filing.
    • Many offices had personnel turnover and a lack of oversight of their 450 programs during the gaps in personnel, which was compounded by the upheaval of the COVID-19 crisis.
    • Reports have been assigned in 2020 that were not due to be filed until 2021, or had extensions granted that moved their due date into 2021.
    • Filers repeatedly ignored requests to complete their reports, even when their supervisory chain was notified.
    • Filers deployed, departed, became ill, or had other serious live events, which interfered with their ability to file.
    • Disagreements over whether an employee should file happen, and the determination that the employee should not file is made, but the report is not always removed as it should be. Thus, the superfluous report continues to be reflected in the number required.
    • Particularly in situations where the filer has managed accounts, it can sometimes take time for them to gather all of their financial information from the manager, and that may push them into the next year if it is close to the end of the year.
    • Failure to update email address in FDM results in not receiving notifications that filing is required.
    • Some filers contested filing, and those matters were not resolved before the end of the calendar year. Q42 (part 1) – If applicable, please explain why some (450) reports were reviewed more than 60 days after submission: • Supervisors failed to review and sign the report within 60 days, and FDM does not permit Ethics Counselors to certify in the absence of that review.
    • Pervasive issue with FDM not accurately and consistently including un-reviewed reports in the list of reports that require review.
    • Some New Entrants added less than 30 days before the end of the year, and, therefore, the submission due date and/or the certification due date extend beyond the end of the year, giving the appearance that more reports were filed than certified.
    • The volume of reports overwhelms undermanned teams, particularly when ethics is not their only portfolio.
    • There have been reorganizations that have resulted in filers being shifted without attorneys realizing it.
    • Some organizations had personnel shortages, and undermanned offices had particular difficulty recovering from the upheaval of the COVID-19 crisis, making it difficult to review within 60 days.
    • Misunderstanding as to who was the reviewing official.
    • High turnover in some offices have made it difficult for new attorneys to come in and quickly turn over reports that were coming due for certification.
    • FDM recently changed some of the functionality, and now a certifier cannot mark a report as initially reviewed unless there are questions or amendments requested, so there is no way to account for the fact that there was an initial review that took place but the supervisor has failed to timely review. So, in some instances, the reports truly were reviewed within 60 days, but the system does not reflect that.
    • Occasionally, it was simple oversight.
    • Certifiers have been deployed, and back-ups are not in place, so the reviews do not take place within 60 days.
    • New entrant reports that are filed outside of the annual filing season are sometimes overlooked, as attention becomes diverted to other major timelines.
    • Prioritization of taskers/coverage for novel COVID-related matters. Q42 (part 2) – If applicable, please explain why some (450) reports were certified or closed more than 60 days after submission (Checked “other (specify)”: • For many filers, it was the first time filing in Integrity, and they were confused by the format, and some differences in instructions, which resulted in increased requests for additional information.
    • The COVID-19 shifts in duty location created widespread difficulties in accessing reports in a timely manner to respond to questions, and to certify the reports.
    • Turnover in staff and leadership, and other manpower deficiencies, overwhelm undermanned offices (even if temporarily undermanned).
    • There are two screens you must click through to certify, and if you are not careful to certify through the second screen, to confirm certification, the report will not be certified, though it was intended to be, and would have been, if not for the user error.

PART 10. ENFORCEMENT OF STANDARDS OF CONDUCT AND CRIMINAL AND CIVIL STATUTES

44. Number of disciplinary actions taken in 2020 based wholly or in part upon violations of the Standards of Conduct provisions (5 C.F.R. part 2635) or your agency's supplemental Standards (if applicable). For purposes of this question, disciplinary actions include removals, demotions, suspensions, and written reprimands or their equivalents.

  • Enter number
31

    Of those, how many were disciplinary actions were taken wholly or in part upon violations of:

    Subpart A (General Provisions)
0

    Subpart B (Gifts from Outside Sources)
0

    Subpart C (Gifts between Employees)
0

    Subpart D (Conflicting Financial Interests)
1

    Subpart E (Impartiality in Performing Official Duties)
1

    Subpart F (Seeking Other Employment)
0

    Subpart G (Misuse of Position)
27

    Subpart H (Outside Activities)
2

    Agency's supplemental Standards of Conduct
0

45. Number of disciplinary actions taken in 2020 based wholly or in part upon violations of the criminal conflict of interest statutes (18 U.S.C. sections 203, 205, 208, and 209), failure to file or filing false public financial disclosures (5 U.S.C. app. section 104 or 18 U.S.C. section 1001), a civil matter involving outside earned income (5 U.S.C. app. section 501), or outside activities (5 U.S.C. app. section 502). For purposes of this question, disciplinary actions include removals, demotions, suspensions, and written reprimands or their equivalents:

  • Enter number
1

    Of those, how many were disciplinary actions taken based wholly or in part upon violations of:

    18 U.S.C. section 203 (Compensation in Matters Affecting the Government)
0

    18 U.S.C. section 205 (Claims Against and Matters Affecting the Government)
0

    18 U.S.C. section 208 (Acts Affecting a Personal Financial Interest)
1

    18 U.S.C. section 209 (Supplementation of Salary)
0

    5 U.S.C. app. section 104 or 18 U.S.C. section 1001 (Failure to File or Filing False Public Financial Disclosures)
0

    5 U.S.C. app. section 501 (Outside Earned Income)
0

    5 U.S.C. app. section 502 (Outside Activities)
0

46. Number of referrals made in 2020 to the Department of Justice of potential violations of the conflict of interest statutes (18 U.S.C. sections 203,205, 207, 208, 209), failure to file or filing false public financial disclosures (5 U.S.C. app. section 104 or 18 U.S.C. section 1001), a civil matter involving outside earned income (5 U.S.C. app. section 501), or outside activities (5 U.S.C. app. section 502).

  • Enter number
0

DOJ Referrals Status

    a. How many of those referrals were accepted for prosecution?

    b. How many of those referrals were declined for prosecution?

    c. How many of those referrals were pending DOJ’s decision as of December 31, 2020?

Agency Disciplinary Action Status

    a. Of the cases referred to DOJ, how many resulted in disciplinary or corrective action?

    b. Of the cases referred to DOJ, how many resulted in a determination not to take disciplinary or corrective action?

    c. Of the cases referred to DOJ, how many are pending a determination as to whether disciplinary or corrective action will be taken?

    d. Of the cases referred to DOJ, how many of those referrals involved employees who left the agency before the agency determined whether or not to take disciplinary action?

    e. Of the cases referred to DOJ, how many involved 18 U.S.C. 207, such that there was no option for disciplinary action?

47. Did your agency notify OGE of all referral(s) and disposition(s) of the referral(s) via OGE Form 202 (as required by 5 C.F.R. 2638.206(a))?

  • Select answer
Not applicable because no covered referrals were made to DOJ

  • Please Specify Why

ADDITIONAL COMMENTS FOR PART 10. Please indicate the question number to which the comment corresponds.

  • Additional Comments
    Q45: It was ultimately decided that there was not sufficient evidence of a 18 USC 208 violation to warrant a DOJ referral. The employee was disciplined with a five-day suspension for the activity that brought 208 into question, and other charges accounted for in Q44.

PART 11. ETHICS PLEDGE ASSESSMENT

48. Were any full-time non-career appointees (e.g., Presidentially Appointed Senate Confirmed (PAS), Presidentially Appointed (PA), non-career Senior Executive Service (SES), Schedule C, etc.) appointed to or by your agency from January 1 through December 31, 2020? NOTE: For guidance on what constitutes a full-time non-career appointee for purposes of the Ethics Pledge, see LA-17-03 available at www.oge.gov.

  • Select answer
Yes

49. For each category of appointee, provide the number of full-time non-career appointees appointed between January 1 and December 31, 2020, and indicate the number who did and did not sign the Ethics Pledge.

Number of Full-Time Non-Career Appointees
Type of Full-Time Non-Career Appointees
by Category
PAS
PA
Non- career SES
Schedule C
Other
Total
a. Appointed 01/01/2020 - 12/31/2020
0
0
1
7
0
8
i. Signed the Ethics Pledge in 2020
0
0
1
7
0
8
ii. Required to sign the Pledge in 2020 but signed in 2021
0
0
0
0
0
0
iii. Required to sign the Pledge, but did not sign (please explain)
0
0
0
0
0
0
iv. Not required to sign the Pledge because occupied an exempt non-policymaking position (Schedule C or other comparable authority)
0
0
0
0
0
0
v. Not required to sign the Pledge because appointed without break in service after serving in another position for which the Ethics Pledge was already signed
0
0
0
0
0
0
vi. Not required to sign for another reason (please explain)
0
0
0
0
0
0

  • For each appointee identified in line iii, please explain why that appointee did not sign the Pledge.
    NA

  • For each appointee identified in line vi, please explain why that appointee was not required to sign the Pledge.
    NA

  • If applicable, please explain discrepancies between the number appointed and the number who signed or did not sign the Pledge.
    NA

50. How many appointees appointed between January 1 and December 31, 2020 and subject to the Ethics Pledge were registered lobbyists during the two years prior to their appointment?

  • Enter number
0

51. Section 3 of Executive Order 13770 provides a waiver mechanism for the restrictions contained in the Ethics Pledge. Indicate below how many waivers were granted to appointees in your agency in 2020, the names of these individuals granted waivers in 2020, and which of the Pledge paragraphs were implicated.

Number of Ethics Pledge Waivers Granted
By Pledge Paragraph
Name(s) of Individual(s) Granted Ethics Pledge Waivers
Paragraph 1
0
Paragraph 2
0
Paragraph 3
0
Paragraph 4
0
Paragraph 5
0
Paragraph 6
0
Paragraph 7
0
Paragraph 8
0
Paragraph 9
0
Other
(please explain)
0

  • If other, please explain
    NA

52. Were there any violations of the Ethics Pledge during 2020?

  • Select Yes or No
No

53. Please provide information on enforcement actions taken in 2020 as a result of violations of the Pledge (regardless of whether the violation itself took place in 2020 or earlier).

  • Please type in the box below.
    NA

ADDITIONAL COMMENTS FOR PART 11. Please indicate the question number to which the comment corresponds.

  • Please type in the box below.

PART 12. SPECIAL GOVERNMENT EMPLOYEES (SGEs)

54. How many Special Government Employees (SGEs) did your agency have, in total, during calendar year 2020? (If zero, skip to Additional Comments for this Part.)

  • Enter number
123

55. How many SGEs who were expected to serve for 60 days or less on a board, commission, or committee were required to receive Initial Ethics Training (IET) by December 31, 2020 (5 C.F.R. 2638.304(b)(2))?

  • Enter number
64

    a. How many of those SGEs received IET before or at the beginning of the first meeting?
64

    b. How many of those SGEs received IET after the first meeting?
0

    c. How many of those SGEs have not received IET as of today?
0

    • If applicable, please explain why some SGEs received IET after the first meeting or have yet to receive IET.

56. Report the number of SGE public and confidential financial disclosure reports required to be filed by December 31, 2020 and the number of reports actually filed by December 31, 2020.

Confidential Reports
(OGE Form 450 or OGE- Approved Alternative Form)
Public Reports
(OGE Form 278e)
required
filed
required
filed
a. Advisory Committee Members (FACA)
64
64
0
0
b. Advisory Committee Members (non-FACA)
0
0
0
0
c. Experts/Consultants
25
25
0
0
d. Board Members
0
0
0
0
e. Commissioners
0
0
0
0
f. Other
0
0
28
28
TOTAL
89
89
28
28

    Example for new entrant and termination reports: If an employee joined/departed the agency on December 15, 2020, and filed a new entrant/termination report prior to the end of the calendar year, include the report in your required and filed numbers. If, on January 1, the employee has not filed a new entrant/termination report, do not count that report in your required numbers. Instead, include the report in your 2021 questionnaire response to be filed in 2022.

  • If applicable, please explain discrepancies between the number of reports required to be filed and the actual number of reports filed.

57. Note the number of SGE disclosure reports certified or otherwise closed by your agency during the calendar year. Of those reports, indicate how many were initially reviewed within 60 days and how many were certified within 60 days. “Initially reviewed within 60 days” means having completed a technical review and conflicts analysis. See 5 C.F.R. 2634.605, section 4.02 of the Public Financial Disclosure Guide, and the Certification Requirements section of the Confidential Financial Disclosure Guide.

Confidential Reports
Public Reports
a. How many reports did your agency certify or close in 2020?
89
30
b. Of those certified or closed in 2020, how many were initially reviewed within 60 days?
89
26
c. Of those certified or closed in 2020, how many were certified or closed within 60 days?
89
21

  • If applicable, please explain why some reports were reviewed more than 60 days after submission.
    • Tracking was difficult due to the upheaval during the transition to full time telework status.
    • SGE filings tend to be out of sync with annual filers, and can therefore slip through the cracks, particularly in undermanned offices.

  • If applicable, please explain why some reports were certified or closed more than 60 days after submission. Check all that apply.
    additional information was being sought

  • Specify Other
    NA

58. Number of SGEs excluded from all or a portion of the confidential filing requirements per 5 CFR 2634.904(b).

  • Enter number
0

59. Extensions and late filing fees for SGE financial disclosure reports.

Granted filing extension
Granted waivers of late filing fee
Paid late filing fee
      a. Number of OGE Form 278e Reports
8
0
0

      b. Number of OGE Form 450 or OGE-Approved Alternative Forms
0

ADDITIONAL COMMENTS FOR PART 12. Please indicate the question number to which the comment corresponds.

  • Additional Comments
    There is a delta between the total number of SGEs in 2020, and the number of reports required and filed, despite the fact that there were no SGEs that were exempt from the filing requirement. This is because there were SGEs that departed service before their next report was due, and therefore, they were not required filers.

ADDITIONAL QUESTIONNAIRE COMMENTS:

  • Additional Comments
    This year has been exceptionally challenging due to the COVID-19 pandemic, which is reflected in some of the fluctuations in our data. However, we believe that the talented and dedicated ethics counselors and support staff throughout the Air Force have done a commendable job keeping the program on track despite the upheaval. We are constantly moving towards improvement, and we appreciate OGE's assistance and guidance in running the most effective ethics program possible.

      OGE Form 450A
0
hidden element