(iv) If prescribed forms are not available, any writing that contains substantially the necessary information shall be acceptable.

(v) Eligibility interviews, investigations, and checking procedures shall be curtailed.

(vi) If claims cannot be submitted to the processing offices in headquarters and in the regions because of the national emergency or if those offices become inoperative, the development and certification of claims shall be assumed by district offices.

(2) To provide the necessary authority for a decentralized program as outlined in this paragraph (b), the authorities which have been delegated to the Director, Bureau of Unemployment and Sickness Insurance and to the regional directors are hereby delegated to the district managers or to their surviving successors.

(c) Manpower. (1) In a national emergency as defined in § 395.2, complete responsibility and authority for administration of the manpower function are delegated to regional directors and district managers who shall be governed by existing Board procedures as set forth in Subchapter C of this chapter, except that maximum freedom in the implementation thereof may be exercised.

§ 395.8 Regulations for employers.

(a) In a national emergency as defined in § 395.2, employers shall continue to follow to the greatest extent possible the provisions set forth in Subchapters A and B of this chapter in registering new employees, in submitting employee and compensation data, in distributing certificates of service and compensation, in making contributions and contribution reports, in providing information relating to retirement claims, in providing information relating to unemployment and sickness claims, and in maintaining claims office facilities.

(b) Where the national emergency prevents employers from following these provisions in whole or in part, it shall be their responsibility to resume the payment of contributions and other normal practices as quickly as possible in the post-attack period, to bring contribution accounts up to date, and to supply the Board with wage and service and other required information within the limits of available data withheld during the emergency.

(c) In a national emergency as defined in § 395.2, contributions, communications, and other materials are to be mailed as set forth in § 395.4.

§ 396.735-101 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the Railroad Retirement Board (referred to in this part as the Board) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101-735.102, 735.201a, 735.202 (a), (d), (e), (f)-735.210, 735.302, 735.303 (a), 735.304, 735.305 (a), 735.403 (a), 735.404, 735.405, 735.407-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

§ 396.735-102 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be reviewed by the Secretary of the Board. When this review indicates a conflict between the interests of an employee or special Government employee of the Board and the performance of his services for the Government, the

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 a 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 governing 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 § 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 employment 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.

§ 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.

§ 396.735-108 Statements of employment 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.