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2021 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, 2022. (5 C.F.R. 2638.207(a)).

PART 2. INSTRUCTIONS

Your response to this questionnaire should reflect the 2021 calendar year (i.e., 1/1/2021 through 12/31/2021), 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 and to explain significant changes from your 2020 report. After OGE has reviewed your questionnaire submission, you may be contacted for follow-up.

FAQ's:

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I accidentally created more than one agency response. Which one should I use?

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

Commission on Civil Rights

2. Employees

Number of full-time agency employees as of December 31, 2021

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

a. Vacant (as of December 31, 2021)?

b. Time in current DAEO position

Less than 1 year

c. Total years performing ethics duties

Less than 1 year

d. Percent of time spent on ethics

26 -50%

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

Career employee

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

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

a. Vacant (as of December 31, 2021)?

b. Time in current ADAEO position

1 - 4 years

c. Total years performing ethics duties

1 - 4 years

d. Percent of time spent on ethics

26 -50%

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 2021 (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	0	2	0	2	0	4
b. Outside the D.C. Metro area	0	0	0	0	0	0
TOTAL	0	2	0	2	0	4

* FTE = Full Time Equivalent

Example: The table below provides an example of an agency with 13 employees that performed ethics
program duties in 2021.

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

IT services (e.g., developing or supporting electronic filing systems, applications, websites, and/or databases, etc.)

Please describe IT support (optional)
FD Online is used to submit 278 and 450 disclosures.

Please describe administrative support (optional)
NA

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

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

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
No additional resources needed

Specify Other
NA

10. Did the agency head meet with the ethics staff to discuss the strengths and weaknesses of the ethics program in 2021?

Select Yes, No, or Not Applicable

Yes

If Not applicable above, specify why
NA

11. Did your agency (e.g., ethics office, Inspector General, General Counsel, etc.) or any entity outside of your agency (e.g., GAO or private auditing firm) evaluate any aspect of the ethics program in 2021 (5 C.F.R. 2638.104(c)(16))? Exclude program reviews conducted by OGE. Select all that apply.

My agency (e.g., ethics office, Inspector General, General Counsel, etc.) conducted an evaluation

Please Describe:

12. What kind of changes resulted from the evaluation?

Programmatic changes (please describe)

Please Describe: (Please describe programmatic or policy changes; Specify why no changes resulted; Specify why not applicable)
OGC automated delivery and submission of CCR-17 modified financial disclosures and initial and annual ethics training for its over 500 advisory committee members after failing to deliver training and disclosures last fiscal year. We also created interactive, USCCR branded initial and annual training after using training from other agencies and NIH for years.

13. 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

14. 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?

Written confirmation not required because my agency has less than 1,000 employees

Please Explain why not all offices:
NA

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

All of the written offers included the required information

Please Explain why not all offers:
NA

Please Explain:
NA

16. Initial Ethics Briefing

a. How many agency leaders, as defined in 5 C.F.R. 2638.305(a), were required to receive ethics briefings by December 31, 2021? Exclude SGEs that were expected to serve less than 60 days on a board, commission, or committee.
Total Number		0
i. How many new agency leaders received their briefing within 15 days of their appointment?
ii. How many of those leaders received their briefing beyond the 15-day requirement?
iii. How many new agency 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.

17. Initial Ethics Training

a. How many employees, as defined in 5 C.F.R. 2638.304(a), were required to receive Initial Ethics Training (IET) by December 31, 2021 (5 C.F.R. 2638.304)? Exclude SGEs that were expected to serve less than 60 days on a board, commission, or committee. (Note: Include employees who were not required to receive the interactive portion of the IET, as provided in 5 C.F.R. 2638.304(a)(2).)
Total Number		9
i. How many of those employees received IET within the 3-month requirement?		9
ii. How many of those employees received IET beyond the 3-month requirement?		0
iii. How many of those employee have not received IET as of today?		0

Example: If an employee started at the agency on December 15, 2021, 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, 2022, the employee has not completed IET, do not count that employee in your required numbers. Instead, include the employee in your 2022 questionnaire response to be filed in 2023.

If applicable, please explain why some employees received IET beyond the 3-month requirement or have yet to receive IET.

18. 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?

Written confirmation not required because my agency has less than 1,000 employees

Please Explain why not all offices:

19. Did the head of the agency complete either initial ethics training and/or annual ethics training in 2021?

Select One

Yes

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

20. 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)

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

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

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.)

270

183

TOTAL

290

204

If applicable, please explain discrepancies between the number of employees who were required to receive training and the number of employees who received training:
We have over 50 FACA advisory committees that do not all consistently meet or otherwise have staggered appointments. Therefore, it is difficult to capture precise data or to the extant training was required, why it was not taken for specific committee members, however our commitment to ethics training for our committees is seen through our improvement from last year and use of an automated platform to deliver initial and annual training and financial disclosures.

21. Did your agency establish additional requirements for the agency's ethics education program, pursuant to 5 C.F.R. 2638.309?

No, my agency did not establish additional training requirements

Please Describe
OGC imp

22. 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):

Discussed upcoming work and agency priorities with senior staff, Talked to program managers about risks inherent in their work, Talked to employees about the ethics concerns they encounter in the workplace.

Please explain other:

23. 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, Reviewed advice logs for increased activity after training presentations and communications

Please explain other:

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

Additional Comments
In addition to automating training and disclosure form delivery and submission and creating branded training materials for the first time in the agency's recent history, OGC also began sending out bi-monthly Ethics Newsletters to all agency employees.

PART 6. ADVICE, COUNSELING, AND REMEDIES

24. From the list below, select the three topics that your employees most frequently sought guidance on in 2021. 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	Outside employment/activities
Selection 2	Conflicting financial interests
Selection 3	Gift acceptance

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

25. Number of notification statements of negotiation or recusal under section 17(a) of the STOCK Act submitted to the ethics office in 2021 (see 5 C.F.R. 2635.602(a)):

Enter total

26. Number of 18 U.S.C. 208 waivers granted in 2021:

	Number Granted in 2021	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

27. 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 All Cases

If not applicable, specify why.
NA

If "never" or "in some cases", please explain further:
NA

b. Confidential Filers

In All Cases

If not applicable, specify why.
NA

If "never" or "in some cases", please explain further:
NA

28. 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 Filers

In All Cases

If not applicable, specify why.
NA

If "never" or "in some cases", please explain further:
NA

29. Which electronic filing system(s) does your agency use?

Select one

Integrity and Other (specify)

Specify Other
FD Online

30. Indicate for which forms your agency uses the "Other" e-filing system.

Check all that apply

Public Financial Disclosure (OGE Form 278e), Confidential Financial Disclosure (OGE Form 450 or OGE-approved alternative form)

Provide the name of the other system:
FD Online

31. Indicate your fiscal year 2021 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 2021	Don’t know/don’t track	Don’t know/don’t track

b. Amount paid to a federal agency in FY 2021

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 2021

Don’t know/don’t track

Please explain "Don’t know/don’t track" answer above
I do not know precise figures, but our average cost per user of FD Online is $35 and there are approximately 20 users. 8 of these are SGEs.

32. Indicate the number of filers who filed electronically in fiscal year 2021.

a. public financial disclosure filers

(exclude filers in Integrity)

b. confidential financial disclosure filers

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

Additional Comments
Only the DAEO files on Integrity.

PART 8. PUBLIC FINANCIAL DISCLOSURE

33. Report the number of public financial disclosure reports (OGE Form 278e) required to be filed by December 31, 2021, excluding SGEs, and the number of reports actually filed (i.e., received) by December 31, 2021.

OGE Form 278e Reports		PAS²	Non-Career SES³	Career SES³	Schedule C	Other⁴	TOTAL
a. New Entrant	Required	0	0	0	2	0	2
a. New Entrant	Filed	0	0	0	2	0	2
b. Annual	Required	0	0	0	8	0	8
b. Annual	Filed	0	0	0	8	0	8
c. Termination	Required	0	0	0	2	0	2
c. Termination	Filed	0	0	0	2	0	2
d. Combination¹	Required	0	0	0	0	0	0
d. Combination¹	Filed	0	0	0	0	0	0
Total	Required	0	0	0	12	0	12
Total	Filed	0	0	0	12	0	12

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 (or departed) the agency on December 15, 2021, and the employee filed a new entrant (or termination) report prior to the end of the calendar year, include the report in your required and filed numbers. If, on January 1, 2022, the employee has not filed a new entrant (or termination) report, do not count that report in your required numbers. Instead, include the report in your 2022 questionnaire response to be filed in 2023.

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

34. 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 Entrant	i. How many reports did your agency certify or close in 2021?	0	0	0	2	0	2
	ii. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	0	0	2	0	2
	iii. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	0	0	0	0	0
b. Annual		PAS²	Non-Career SES³	Career SES³	Schedule C	Other⁴	TOTAL
	i. How many reports did your agency certify or close in 2021?	0	0	0	8	0	8
	ii. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	0	0	8	0	8
	iii. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	0	0	0	0	0
c. Termination		PAS²	Non-Career SES³	Career SES³	Schedule C	Other⁴	TOTAL
	i. How many reports did your agency certify or close in 2021?	0	0	0	2	0	2
	ii. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	0	0	2	0	2
	iii. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	0	0	0	0	0
d. Combination		PAS²	Non-Career SES³	Career SES³	Schedule C	Other⁴	TOTAL
	i. How many reports did your agency certify or close in 2021?	0	0	0	0	0	0
	ii. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	0	0	0	0	0
	iii. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	0	0	0	0	0
Total	i. How many reports did your agency certify or close in 2021?	0	0	0	12	0	12
	ii. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	0	0	12	0	12
	iii. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	0	0	0	0	0

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.

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

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

Periodic Transaction Reports Filed		0
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.

36. 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	0	0	0

b. Number of OGE Form 278-T Reports

37. Number of public financial disclosure filers reported in calendar year 2021 to the Attorney General for failure to file.

Enter total

38. How many requests for public financial disclosure reports did you receive in 2021? Count each OGE Form 201 as one request, even if it contains a request for documents for multiple individuals.

Enter total

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

Additional Comments

PART 9. CONFIDENTIAL FINANCIAL DISCLOSURE

39. Report the number of confidential financial disclosure reports required to be filed by December 31, 2021, excluding SGEs, and the number of reports actually filed by December 31, 2021.

	a. Required	b. Filed
	3	OGE Form 450	3
		OGE-approved alternate form	0
Total	3		3

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,

2021

, 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,

2022

the employee has not filed a new entrant report, do not count that report in your required numbers. Instead, include the report in your

2022

questionnaire response to be filed in

2023

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

Explain, if applicable

40. 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 2021?	b. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	c. Of those certified or closed in 2021, how many were certified or closed within 60 days?
OGE Form 450 and OGE-approved alternative	3	3	3

If applicable, please explain why some reports were reviewed more than 60 days after submission.

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

Specify Other
NA

41. Number of OGE 450 or OGE-approved alternative forms granted filing extensions in 2021.

Enter number

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

Additional Comments

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

42. Number of disciplinary actions taken in 2021 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.

a. Total number of disciplinary actions that met the above criteria

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

i. Subpart A (General Provisions)

ii. Subpart B (Gifts from Outside Sources)

iii. Subpart C (Gifts between Employees)

iv. Subpart D (Conflicting Financial Interests)

v. Subpart E (Impartiality in Performing Official Duties)

vi. Subpart F (Seeking Other Employment)

vii. Subpart G (Misuse of Position)

viii. Subpart H (Outside Activities)

iv. Agency's supplemental Standards of Conduct

43. Number of disciplinary actions taken in 2021 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:

a. Disciplinary actions taken based on violation of ethics laws

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

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

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

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

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

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

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

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

44. Number of referrals made in 2021 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).

a. Referrals to Department of Justice

b. DOJ Referrals Status
Of the referrals to DOJ (line a.), please note the DOJ referral status:

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

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

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

2021

c. Agency Disciplinary Action Status
Of the referrals to DOJ (line a.), please note the agency disciplinary status:

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

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

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

iv.

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?

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

45. 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

PART 11. ETHICS PLEDGE ASSESSMENT (Executive Order 13989 ("Ethics Pledge"))

46. 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, 2021? Note: For guidance on what constitutes a full-time non-career appointee for purposes of the Ethics Pledge, LA-21-07

Select answer

Yes

47. For each category of appointee, provide the number of full-time non-career appointees appointed between January 20 and December 31, 2021, 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
Number of Full-Time Non-Career Appointees	PAS	PA	Non- career SES	Schedule C	Other	Total
a. Appointed 01/20 - 12/31/2021	0	0	0	2	0	2
i. Signed the Ethics Pledge in 2021	0	0	0	2	0	2
ii. Required to sign the Pledge in 2021 but signed in 2022	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.

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

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

48. Holdover appointments

a. How many individuals appointed in a prior administration stayed on in their position ("holdover appointees") beyond 100 days? Note: For guidance on what constitutes a "holdover appointee" for purposes of the Ethics Pledge, see

DO-09-010

DO-09-014

LA-21-05

, and

LA-21-07

. (If zero, skip to Q49)

b. Of the holdover appointees who stayed beyond 100 days, how many signed the Pledge?

c. For those who did not sign the Pledge, please explain why not:

49. How many appointees were registered lobbyists and/or registered under the Foreign Agents Registration Act during the two years prior to their appointment? For purposes of this question, please include individuals appointed between January 20 and December 21, 2021, and subject to the Ethics Pledge, as well as holdover appointees subject to the Pledge. (if 0 skip to Q52)

Enter number

50. How many appointees identified in your response to the previous question as registered lobbyists and/or registered under the Foreign Agents Registration Act during the two years prior to their appointment have an ethics agreement addressing their obligations under paragraph 3 of the Ethics Pledge?

Enter number

51. For any appointee identified in your response to question 49 who does not have an ethics agreement, please provide their name and an explanation (e.g., Pledge paragraph 3 not reasonably expected to limit participation in any agency matters because appointee's duties sufficiently unrelated to prior lobbying activities.)

52. Section 3 of Executive Order 13989 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 2021, the names of these individuals granted waivers in 2021, 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
		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

53. Were there any violations of Executive Order 13989 during 2021?

Select Yes or No

54. Please provide information on enforcement actions taken in 2021 as a result of violations of the Executive Order 13989 Pledge.

Please type in the box below.
0

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)

55. How many Special Government Employees (SGEs) did your agency have, in total, during calendar year 2021? (If zero, skip to Additional Comments for this Part.)

Enter number

346

56. Initial Ethics Briefing

a. 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, 2021 (5 C.F.R. 2638.304(b)(2))?

Total number

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

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

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

If applicable,

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

We have over 50 FACA advisory committees that do not all consistently meet or otherwise have staggered appointments. Therefore, it is difficult to capture precise data or to the extant training was required, why it was not taken for specific committee members, however our commitment to ethics training for our committees is seen through our improvement from last year and use of an automated platform to deliver initial and annual training and financial disclosures.

57. Report the number of SGE public and confidential financial disclosure reports required to be filed by December 31, 2021 and the number of reports actually filed by December 31, 2021.

	Confidential Reports (OGE Form 450 or OGE- Approved Alternative Form)		Public Reports (OGE Form 278e)
	required	filed	required	filed
a. Advisory Committee Members (FACA)	338	266	0	0
b. Advisory Committee Members (non-FACA)	0	0	0	0
c. Experts/Consultants	0	0	0	0
d. Board Members	0	0	0	0
e. Commissioners	0	0	8	8
f. Other	0	0	0	0
TOTAL	338	266	8	8

Example for new entrant and termination reports: If an employee joined (or departed) the agency on December 15,

2021

, and filed a new entrant (or 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 (or termination) report, do not count that report in your required numbers. Instead, include the report in your

2022

questionnaire response to be filed in

2023

If applicable, please explain discrepancies between the number of reports required to be filed and the actual number of reports filed.
We have over 50 FACA advisory committees that do not all consistently meet or otherwise have staggered appointments. Therefore, it is difficult to capture precise data or to the extant training was required, why it was not taken for specific committee members, however our commitment to ethics training for our committees is seen through our improvement from last year and use of an automated platform to deliver initial and annual training and financial disclosures.

58. 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 2021?	0	8
b. Of those certified or closed in 2021, how many were initially reviewed within 60 days?	0	7
c. Of those certified or closed in 2021, how many were certified or closed within 60 days?	0	7

If applicable, please explain why some reports were reviewed more than 60 days after submission.
One USCCR Commissioner did not file on our online system, FD Online, and instead used a paper disclosure, which he filed late. His lack of use of an online system made tracking difficult.

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
One USCCR Commissioner did not file on our online system, FD Online, and instead used a paper disclosure, which he filed late. His lack of use of an online system made tracking difficult.

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

Enter number

60. 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	1	1	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
One USCCR Commissioner did not file on our online system, FD Online, and instead used a paper disclosure, which he filed late. His lack of use of an online system made tracking difficult. He was granted extensions until August 15, 2021, and a fee waiver under 5 CFR § 2634.704(a)(2) was considered in August 2021. He submitted his completed Form 278 on November 23, 2021.

ADDITIONAL QUESTIONNAIRE COMMENTS:

Additional Comments