Department of Health and Human Services § 73.735–1004

However, the power of exemption may The Indiana University system consisting be exercised in this situation if the spe- of eight universities on nine campuses, with cial Government employee renders ad- the exception of the system-wide schools: the vice of a general nature from which no School of Business; the School of Dentistry; the School of Medicine; the School of Nurs- preference or advantage over others ing; and the School of Public and Environ- might be gained by any particular per- mental Affairs. son or organization. The power of ex- The University of Nebraska system con- emption may also be exercised where sisting of the University of Nebraska—Lin- the financial interests involved are coln, the University of Nebraska at Omaha, minimal in value. and the University of Nebraska Medical Cen- ter. § 73.735–1004 Requesting waivers or The campuses of the State University of exemptions. New York. The Oregon system of higher education (a) A consultant may present in writ- consisting of the University of Oregon, Or- ing to the official for whom he or she egon State University, Oregon Health provides services requests for the waiv- Sciences University, Portland State Univer- ers or exemptions specified in § 73.735– sity, Western Oregon State College, South- 1003. That official will take, or refer ern Oregon State College, Eastern Oregon the request for, action as appropriate, State College, and the Oregon Institute of and will see that the employee receives Technology. The campuses of the University of Ten- advice or decision on his or her re- nessee. quest. The separate universities comprising the (b) A file of all waivers or exemptions University of Texas System. granted shall be maintained in such The separate universities comprising the manner that information can be given University of Wisconsin System. promptly on individual cases or statis- (2) Institutions that are not subject to 18 tics provided upon request. Generally, U.S.C. 208(a) and the subpart, because these records, together with written they are not part of the same organization advice given in connection with less within the State. The following State in- formal requests concerning questions stitutions and systems of higher edu- of ethical standards, are kept with the cation have been determined to be sep- employee’s statement of employment arate from each other to such a degree and financial interests or financial dis- that no waiver is necessary in order to closure report (§ 73.735–1006). permit a faculty member (including (c)(1) Waiver for reviewers from certain Department Chairman) employed by multi-campus institutions. Applicability one of the State institutions of higher of the prohibitions of 18 U.S.C. 208(a) education to review a funding applica- and this subpart are hereby waived tion or contract proposal from another pursuant to a determination that the of the named institutions within that interest involved is too remote or too State: inconsequential to affect the integrity of a special Government employee’s re- The University of Alabama System and view of a funding application or con- other Alabama State owned institutions of higher education. tract proposal from one campus of one The California Community Colleges, the of the following multi-campus institu- California State Universities and Colleges, tions, where the interest consists sole- and the University of California. ly of employment as a faculty member The University of Colorado, Colorado State (including Department Chairman) at a University, and other Colorado State owned separate campus of the same multi- institutions of higher education. campus institution: The University of Connecticut, Con- necticut State University, the Connecticut The University of Alabama system con- Technical Colleges, and the Connecticut sisting of the University of Alabama, the Community Colleges. University of Alabama in Birmingham, and The University of Illinois, Illinois State the University of Alabama in Huntsville. University, Western Illinois University, The campuses of the University of Cali- Southern Illinois University, and the Illinois fornia. Community Colleges. The system consisting of Colorado State The Indiana University and the other Indi- University, the University of Southern Colo- ana State owned institutions of higher edu- rado, and Fort Lewis College. cation.

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The University of Iowa, and Iowa State ment). Erroneous payments in con- University. travention of this provision will be sub- The University of Kansas, Kansas State ject to collection, and any consultant University, Wichita State University, Fort Hays State University, Pittsburg State Uni- who willfully collects double payments versity, and the Kansas Technological Insti- may be barred from further employ- tute. ment. Louisiana State University, and other Lou- isiana State owned institutions of higher § 73.735–1006 Reporting financial in- education. terests. The University of Massachusetts, and other Massachusetts State owned institu- (a) Consultants who will work more tions of higher education. than 60 days in a calendar year are sub- The University of Michigan, Michigan ject to the provisions of title II of the State University, and Wayne State Univer- Ethics in Government Act of 1978 when sity. The University of Minnesota, the Min- their rate of pay is equal to or greater nesota State University System, and the than the basic rate for GS–16, Step 1. Minnesota Community College System. Such consultants are covered by the re- The University of Missouri, and other Mis- porting requirements of § 73.735–901 of souri State owned institutions of higher edu- these regulations. cation. The University of Nebraska, and other Ne- (b) Consultants not subject to the braska State owned institutions of higher Ethics in Government Act shall file education. statements of financial interests as The State University of New York System, provided by § 73.735–902 of these regula- and the City University of New York Sys- tions. tem. The University of North Carolina, North Carolina State, and other North Carolina § 73.735–1007 Political activity. State owned institutions of higher edu- Consultants who serve intermit- cation. tently are subject to the political ac- Pennsylvania State University, the Uni- versity of Pittsburgh, Temple University, tivity restrictions of Subchapter III of Lincoln University, and the other State Chapter 73 of Title 5 U.S.C. and Civil owned colleges and universities in Pennsyl- Service Rule IV only on days on which vania. service is rendered and then for the en- The University of Texas System, the Texas tire 24 hours of such service day. Other A&M System, the Texas State University System, the University System of South consultants are subject to these re- Texas, the Lamar University System, the strictions at all times. University of Houston System, East Texas State University, Stephen F. Austin State Subpart K—Special Government University, West Texas State University, Midwestern University, North Texas State Employees Other Than Con- University, Texas Southern University, sultants Texas Woman’s University, Texas Tech Uni- versity and Pan American University. § 73.735–1101 General provision. The University of Utah and Utah State University. Individuals who are designated as special Government employees because [46 FR 7369, Jan. 23, 1981, as amended at 51 FR 15627, Apr. 25, 1986] of the nature of their services but who are not serving as a consultant, expert, § 73.735–1005 Salary from two sources. or advisory committee member are Special Government employees are subject to the provisions of Subparts B not subject to 18 U.S.C. 209 which pro- through I of these regulations. How- hibits other employees from receiving ever, the provisions of 18 U.S.C. 205, 206, any salary, or supplementation of Gov- 207, and 208 apply to them only as de- ernment salary, from a private source scribed in Subpart J. Also, the limita- as a compensation for services to the tion in § 73.735–701(f) on the amount of Government. This Department will not an honorarium that may be received knowingly pay per diem to a consult- does not apply. ant who also receives per diem pay for the same day from another Govern- ment agency (in or outside the Depart-

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