(a) The Railroad Retirement Board has adopted a plan to provide basic organization and methods of operation that may be needed to continue uninterrupted service during a period of national emergency as defined in § 375.2.

(b) The plan is published to inform all interested persons of the circumstances and ways in which the Board will organize and operate in a national emergency.

(c) For purposes of Government-wide uniformity, the procedures of the Board regarding payments during evacuation to employees and their dependents shall conform to those contained in subpart D of part 550 of the regulations of the Office of Personnel Management pertaining to “Payments During Evacuation” (5 CFR part 550, subpart D).

A period of national emergency shall be deemed to exist, and the provisions of this part shall become effective, only:

(a) After a declaration of national emergency issued under the authority of the President pursuant to the National Emergencies Act, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or any other presidential emergency authority; and

(b) By order of the Chair of the Board or his or her successor as set forth in § 375.5, or when it is no longer possible to communicate with such official at his or her designated station.

To the greatest extent possible, the Board shall pay benefits and carry out employment service functions through the period of a national emergency in strict conformance with the pertinent provisions of the Railroad Retirement Act, the Railroad Unemployment Insurance Act, and the regulations promulgated by the Board in this chapter to administer those acts. When the character of the national emergency prevents this, the stand-by regulations contained in this part shall apply. The Board shall return to normal operating practices as quickly as possible, including during the period of the national emergency.

(a) During a national emergency, as defined in § 375.2, the respective functions and responsibilities of the Board shall be to the extent possible as set forth in the U.S. Government Manual, which is published annually by the Office of the Federal Register.

(b) The following delegation of authority is made to provide continuity in the event of a national emergency when a quorum of the full Board is unavailable to exercise its powers under section 7(b)(3) of the Railroad Retirement Act.

(1) The Chair of the Board shall act with full administrative authority for the Board.

(2) In the absence or incapacity of the Chair, the authority of the Chair to act shall pass to the available successor highest on the following list:

(3) Except as may be determined otherwise by the Chair of the Board or his or her successor and as provided in §§ 375.6 and 375.7, the duties of each bureau or office head shall be discharged in his or her absence or incapacity during a national emergency by the available staff member next in line of succession. Each bureau or office head shall designate and prearrange the line of succession within his or her office. If no such designation has been made, such duties shall be assumed by the available subordinate who is highest in grade or, if there is more than one, in length of Board service.

(4) Emergency responsibility and authority under this section, once assumed, shall be relinquished on direction of the duly constituted higher authority acting under the provisions of paragraphs (b)(1) and (2) of this section.

(a) Fiscal. (1) In a national emergency, incumbents of the following positions are hereby authorized to appoint emergency certifying officers:

(2) The emergency certifying officers shall be empowered to certify:

(i) Benefit payments under the Railroad Retirement Act;

(ii) Benefit payments under the Railroad Unemployment Insurance Act;

(iii) Payments made on behalf of qualified railroad retirement beneficiaries for hospital insurance benefits under section 226 and Parts A and C of Title XVIII of the Social Security Act; and

(iv) Administrative expenses of the Railroad Retirement Board.

(3) Emergency certifying officers shall be appointed under the authority delegated by this section when:

(i) Normal channels for certifying payments have been rendered inoperable; and

(ii) Clearance has been obtained from the ranking official in line of succession as set forth in § 375.5(b)(1) and (2) and under such instructions and conditions as he or she may prescribe.

(b) Procurement. (1) In a national emergency, as defined in § 375.2, the RRB shall maximize use of acquisition flexibilities for emergency acquisitions as allowed by the Federal Acquisition Regulation at 48 CFR part 18.

(2) Federal sources of supply and service, if available, shall be used.

(3) Any supplies, equipment, space, or services provided under this emergency delegation shall be documented to show what was provided, the amount procured, the cost thereof, and the source from which procured.

(4) As soon after the period of national emergency as conditions permit, the records required by paragraph (b)(3) of this section shall be transmitted to the Senior Procurement Executive or his or her surviving successor.

(a) Retirement claims. (1) In a national emergency as defined in § 375.2, applications for and development and certification of claims for retirement, disability, and survivor benefits shall be to the extent possible as set forth in subchapter B of this chapter, except that:

(i) Standards of evidence may be relaxed, although legal requirements for entitlement to payments shall remain unchanged;

(ii) In determining relationships, employment, birth, death, etc., consideration shall be given to the information possessed by the applicants and beneficiaries or the Board office adjudicating a claim;

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

(iv) In a national emergency when the headquarters office is inoperable, the development and certification of claims shall be assumed by the district offices.

(2) To provide the necessary authority for a decentralized program as outlined in paragraph (a)(1) of this section, those authorities related to claims processing and certification which have been delegated to the Director of Programs or Director of Field Service are hereby delegated to the network managers or their surviving successors.

(b) Unemployment and sickness claims. (1) In a national emergency as defined in § 375.2, receipt, adjudication, and certification of claims for unemployment and sickness benefits shall be to the extent possible as set forth in subchapter C of this chapter, except that:

(i) Where the Board's wage records have been destroyed or are otherwise unavailable, the wage-record evidence in the possession of the claimant, or the employer's wage records will be acceptable in determining qualifications for benefits.

(ii) In the event normal record sources are destroyed or otherwise unavailable, other evidence of previous benefit payments shall be considered in determining the periods for which benefits are currently payable and the amounts.

(iii) In developing sickness benefit claims where medical evidence in the form of a doctor's statement is not available, an affidavit from the claimant or other person having knowledge of the claimant's sickness or injury shall be acceptable.

(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 because of the national emergency, 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 paragraph (b)(1) of this section, those authorities related to claims processing and certification which have been delegated to the Director of Programs or Director of Field Service are hereby delegated to the network managers or their surviving successors.

(a) In a national emergency, as described in § 375.2, employers shall continue to follow, to the greatest extent possible, the requirements pertaining to employers in subchapters A, B, and C of this chapter.

(b) Where a national emergency, as described in § 375.2, prevents an employer from following any requirement imposed by paragraph (a) of this section, the employer shall comply with such requirement as soon as possible after the cessation of the national emergency.