August 8, 2002 DO-02-019 MEMORANDUM TO: Designated Agency Ethics Officials FROM: Jack Covaleski Deputy Director for Agency Programs SUBJECT: Technical Amendments to Regulations Governing Filing Extensions and Late Filing Fee Waivers The Office of Government Ethics (OGE) has issued a final rule amending the regulations governing the granting of filing extensions and late filing fee waivers under the public financial disclosure system. See 67 FR 49856-49857, August 1, 2002. Currently, only the OGE Director can grant late filing fee waivers and additional extensions of time beyond the maximum 45 days that can be granted by agencies. Effective September 3, 2002, agencies will have the authority to (1) grant public filers the additional extensions of time currently granted by the OGE Director, which shall not exceed 45 days, to file their public financial disclosure reports; and (2) waive the late filing fee for public filers who submit their reports more than 30 days after the due date. The late filing fee waiver amendment expands the definition of extraordinary circumstances to include administrative oversight culminating in the failure to notify a new entrant, first-time annual, or termination public filer of the filing requirement. The amended provision also provides for agency consultation with OGE prior to approving any waiver of the late filing fee, if the designated agency ethics official desires to do so. These delegations of authority will expedite both processes, grant agencies additional authority to make determinations affecting their employees, and free up OGE resources to pursue other important Government ethics responsibilities. Filing extension and late filing fee waiver requests dated by close of business September 2, 2002, will be processed by OGE using current procedures.