ONDCP Public Financial Disclosure (SF278) Process

I. Identification of filers

The Ethics in Government Act requires each employee appointed by the President including PAS and Schedule C employees to file a public financial disclosure report. In addition each employee whose rate of basic pay is equal to or greater than 120 percent of the minimum rate of Basic pay payable for GS-15 to file a public financial disclosure report. The 2008 minimum rate of basic pay for GS-15 is $95,930. 120% of this amount is $114,468. At the end of each calendar year when new GS pay schedules are announced, the DAEO will determine whether ONDCP's classification of public filers should be modified.

If a public filer is not expected to perform the duties of his or her position for more than 60 days in any calendar year, he or she should be excluded from the filing requirement. However, if this filer is a new entrant Special Government Employee, he or she should files an SF450. See 5C.F.R. 2634.904(b).

II. New Entrant Filers

A. ONDCP's Office of Management and Administration notifies the DAEO and ADAEO via email of new hires, promotions and reassignments of ONDCP employees and provides the related employee position descriptions.

B. The ADAEO reviews the positions, position descriptions, and salary levels for information triggering the SF 278 filing requirement.

C. When a new hire or promotion triggers the filing requirement the ADAEO will add the employee to the master list of SF278 filers and provides a new filer packet with a blank form, cover memo, instruction and filing deadline to the relevant ONDCP employee.

III. Annual Filers

A. On or near April 5 th, the ADAEO will provide the master list of 278 Annual Filers to OLC's Administrative Assistant for preparation and hand-delivery of a sealed packet to filer containing the following:

1. A copy of the filers most recent SF278 and a new blank SF 278 to be completed by the employee; and
2. A cover memo from the ADAEO with instructions, filing deadline and contact points for assistance;

B. After completing the financial disclosure forms, employees return the forms to OLC no later than May 15. As forms are received, OLC's Administrative Assistant will note the date on the form and check the form off of the master list. Periodically before the due date, the Ethics Coordinator will e-mail reminders to all employees who have not yet submitted their reports. By May 13, the Ethics Coordinator will telephone the employees whose forms have not been received.

C. Under the regulation (5 CFR 2634.201(f), OLC can give a filer a 45 day extension for good cause shown, and an additional 45 day extension if the filer sets forth in writing specific reasons why such additional time is necessary. OLC approves or deny such extension requests in writing.

D. If a form is filed more than 30 days after the date the form is due or the last day of any filing extension, the filer must pay a late filing fee of $200, payable to the U.S. Treasury. A waiver of the late filing fee may be granted in certain extraordinary circumstances – see 5 CFR 2634.704(b).

E. The ADAEO will perform an initial review of the reports, following the process described in section IV below.

F. After the initial review is completed, the Ethics Coordinator will forward the forms to the DAEO and other reviewers designated by the DAEO who will perform the review following the procedures described in section IV below. The ADAEO reviews and signs all 278s filed by PASs.

G. All forms are to receive an initial review within 60 days of filing. Explanatory notes by the ADAEO or designated reviewer should accompany any forms that do not meet this deadline.

IV. Review of 278s

A. As part of the initial review, the ADAEO or designated reviewer will perform the following steps:

When the Designated Reviewer completes the initial review, she will then forward the form to the ADAEO for finalization. The ADAEO will review finalized forms with the DAEO.

B. The ADAEO or Designated Reviewer will review all entries on the form including assets, sources of income and outside positions to determine that no interest or position disclosed on the form violates or appears to violate any applicable conflict of interest law or regulation.

C. For forms that require further follow up, the reviewer will call or e-mail the employee and note the change on the form where possible, or will detail the question(s) that need to be addressed in the e-mail. A copy of the e-mail is placed in the employee's file or the telephone discussion is noted on the form.

D. For forms that present issues under applicable laws and regulations, the reviewer will notify the filer giving the filer a reasonable opportunity to respond verbally or in writing. After the response is received, the reviewer will determine whether or not the filer is in compliance with applicable laws and regulations. If the response does fulfill the requirements, the reviewer will sign and date the report. If the response does not fulfill the requirements, the reviewer will consult with the ADAEO (or DAEO as appropriate) who will determine what remedial action should be taken. Once the action is determined, the filer will be notified in writing of the action needed and the date by which such action should be taken. The remedial action will include such things as divestiture, resignation of a position, recusal, etc.

E. After the forms have been completely reviewed and signed off by the reviewer, the ADAEO will enter the date received, the initial review date, and the final review date onto the master filer list.

V. Termination Filers

A. Termination reports are required from any public filer who leaves the government or who moves to a non-filing position, either within ONDCP or to another agency.

B. Identification of applicable employees: The ADAEO receives from the Human Resources Office as needed, a separation list (names, position titles, and dates of separation) for all employees who are leaving ONDCP. The Ethics Coordinator will then compare those names to current filers to determine whether the employee was a public filer. If the process reveals that the employee was a filer, the Coordinator follows the process as described below.

C. Employees Leaving ONDCP Employment: If an employee required to file a SF 278 is identified on the separation list, a package containing a employee's most recent report and a blank SF278 form is hand-delivered to the employee . The ADAEO will include in the package a memo notifying the employee that he/she has 30 days from his or her last day of employment within which to file the termination report.

D. Once the termination report has been received, the review process as described in section IV will take place.

E. Post-employment ethics guidance will be provided to employees leaving the government. The ADAEO will inform the DAEO of the names and positions of departing employees (and will flag those employees whose salary is in excess of $148,953 IN 2008 – or the threshold salary for the applicable year – and who are therefore subject to 18 USC 207 (c). The DAEO and ADAEO will meet with select employees to discuss post-employment rules.

VI. Record Retention

After forms have been signed, the ADAEO will file them (and any accompanying documentation) in the individual's files, which are maintained alphabetically. These reports, which are maintained in locked cabinets, will be retained for 6 years.