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(lv) If prescribed forms are not avall. 8 395.8 Regulations for employers able, any writing that contains substan

(a) In a national emergency as detially the necessary information shall be

fined in g 395.2, employers shall continue acceptable.

to follow to the greatest extent possible (v) Eligibility interviews, investiga

the provisions set forth in Subchapters tions, and checking procedures shall be

A and B of this chapter in registering curtailed.

new employees, in submitting employee (vi) If claims cannot be submitted to

and compensation data, in distributing the processing ofices in headquarters

certificates of service and compensation, and in the regions because of the na

in making contributions and contributional emergency or if those ofices be

tion reports, in providing information come inoperative, the development and

relating to retirement claims, in providcertification of claims shall be assumed

ing information relating to unemployby district ofices.

ment and sickness claims, and in main(2) To provide the necessary author

taining claims office facilities. ity for a decentralized program as outlined in this paragraph (b), the author

(b) Where the national emergency ities which have been delegated to the

prevents employers from following these Director, Bureau of Unemployment and provisions in whole or in part, it shall be Sickness Insurance and to the regional

their responsibility to resume the paydirectors are hereby delegated to the ment of contributions and other normal district managers or to their surviving practices as quickly as possible in the successors.

post-attack period, to bring contribution (c) Manpower. (1) In a national

accounts up to date, and to supply the emergency as defined in 8 395.2, com

Board with wage and service and other plete responsibility and authority for ad

required information within the limits ministration of the manpower function are delegated to regional directors and

of available data withheld during the district managers who shall be governed

emergency. by existing Board procedures as set forth

(c) In a national emergency as dein Subchapter C of this chapter, except

fined in 8 395.2, contributions, communithat maximum freedom in the imple- cations, and other materials are to be mentation thereof may be exercised. mailed as set forth in § 395.4.



PART 396— EMPLOYEE RESPONSI- $396.735–101 Adoption of regulations. BILITIES AND CONDUCT

Pursuant to 5 CFR 735.104(f), the Sec.

Railroad Retirement Board (referred to 396.735–101 Adoption of regulations.

in this part as the Board) hereby adopts 896.735–102 Review of statements of employment and financial

the following sections of Part 735 of Title interests.

5, Code of Federal Regulations: 88 735.396.735–103 Disciplinary and other remedial 101-735.102, 735.2013, 735.202 (a), (d), action.

(e), (f)-735.210, 735.302, 735.303(a), 896.735–104 Gifts, entertainment, and 735.304, 735.305(a), 735.403(a), 735.404, favors.

735.405, 735.407-735.411, 735.412 (b) and 896.735–106 Specific provisions governing

(d). These adopted sections are modified special Government employees.

and supplemented as set forth in this 396.785-106 Statements of employment and

part. financial interest.

8 396.735–102 Review of statements of 896.735–107 Supplementary statements.

employment and financial interests. 396.735–108 Statements of employment and

Each statement of employment and financial interest of special Government employees.

financial Interests submitted under this AUTHORITY: The provisions of this part

part shall be reviewed by the Secretary 396 issued under E.O. 11222, 80 FR. 6489, 8

of the Board. When this review indicates CFR, 1965 Supp.; 5 OFR 786.101 et seq.

& conflict between the interests of an

of the part 208 employee or special Government emSOUE appear at 82 F.R. 16471, Nov. 7, 1967, unless ployee of the Board and the performance otherwise noted.

of his services for the Government, the

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Secretary of the Board shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved. the Secretary of the Board shall forward & written report on the indicated conflict to the Board. $ 396.735–103 Disciplinary and other

remedial action. An employee or special Government employee of the Board who violates any of the regulations in this part or adopted under $ 396.735–101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment. & 396.735–104 Gifts, entertainment, and

favors. The Board authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202 (b) (1)-(4). $ 396.735–105 Specific provisions gov

erning special Government employ

ees. (a) Special Government employees of the Board shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under 8 396.735–101, except 5 CFR 735.203(b).

(b) Special Government employees of the Board may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305(b), the Board authorizes the same exceptions concerning gifts, entertainment, and fa

vors for special Government employees as are authorized for employees by $ 396.735–104. $ 396.735–106 Statements of employ.

ment and financial interest. (a) Employees in the following named positions shall submit statements of employment and financial interest:

(1) Chief Executive Officer.

(2) Director of Bureau of Retirement Claims.

(3) Director of Unemployment and Sickness Insurance.

(4) Director of Bureau of Data Processing and Accounts.

(5) Director of Budget and Fiscal Operations.

(6) Director of Supply and Service.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Secretary of the Board, 844 Rush Street, Chicago, Ill. 60611.

(c) An employee who feels that his position has been improperly included in this section as one requiring the submission of a statement of employment and financial interest may obtain a review of his complaint under the Board's grievance procedure. 8 396.735–107 Supplementary state

ments. Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code or the regulations in this part or adopted under $ 396.735-101. 8 396.735–108 Statements of employ.

ment and financial interest of special

Government employees. Pursuant to 5 CFR 735.412(c), special Government employees who are not consultants or experts as defined in 5 CFR 735.412(c) are not required to submit statements of employment and financial interest.


A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of CFR Subtitles and Chapters
List of Sections Affected

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