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POLICY ISSUE
INFORMATION

SECY-07-0065

April 4, 2007

• PURPOSE
• BACKGROUND
• DISCUSSION
• CONCLUSION
• RESOURCES
• COORDINATION

PURPOSE:

To provide the Commission information about the U.S. Nuclear Regulatory Commission's (NRC) Outreach and Compliance Coordination Program (OCCP), which is being implemented in accordance with NRC's responsibilities under a variety of civil rights statutes, Executive Orders, and NRC's implementing regulations (10 CFR Parts 4, 5, 2, and 19) and Management Directives. The essence of these legal requirements is to ensure that individuals are not discriminated against on the basis of sex, color, national origin, disability, religion, age, sexual orientation, status as a parent, or as related to minority and low-income populations in programs and activities conducted by federal agencies or federal financial assistance provided by agencies. ⁽¹⁾ This paper does not address any new commitments.

BACKGROUND:

As a federal agency, NRC is required to regulate, enforce, and ensure compliance with NRC regulations and applicable civil rights statutes. NRC is obligated to ensure that no person is excluded from participation in, denied benefits of, or otherwise subjected to discrimination under NRC conducted and financially assisted programs and activities.

Civil rights laws and related Executive Orders have been enacted to ensure nondiscrimination in federally conducted and financially assisted programs and activities. "Federally conducted" programs encompasses virtually everything an agency does. There are two major categories of federally conducted programs or activities. The first category involves general public contact (communication with the public and use of facilities). The second category involves programs for beneficiaries and participants. NRC's federally conducted programs include, for example, licensing activities, hearings, public meetings, Commission meetings, civil rights investigations, the Agency-wide Documents and Management System (ADAMS), and the NRC's web-site.

Federal financial assistance encompasses, for example, money provided through grants; cooperative agreements; grants or donations of surplus property and interests in property; the sale, use, or rent of property below market value (e.g. fitness and health centers, day care, credit union); training at no cost or below cost to the recipient (does not include NRC employees); and loan of personnel, etc. Other examples include technical assistance related to radiation protection for state employees, emergency response planning, and financial assistance to support academic and research institutions.

In recent years, particular emphasis has been placed on one part of Title VI because Executive Order 13166 directed federal agencies to improve access to programs and activities for persons with Limited English Proficiency (LEP). Under this Executive Order, NRC must take reasonable steps to ensure meaningful access to its programs and activities for individuals whose proficiency in English is limited.

DISCUSSION:

The fundamental regulatory structure and commitment of NRC to its civil rights obligations is well established and reflected in its regulations, policies, and activities. NRC published all of the required regulations, and policies, including those related to LEP. Staff attended many inter-agency meetings to identify and consider best practices that worked most efficiently and effectively for other agencies in meeting their civil rights requirements. For example, NRC participated in the Interagency Work Group created by Executive Order 12898 and drafted a comprehensive Environmental Justice strategy, which recognizes the potential impact of NRC's decisions on minority and low-income communities. In addition, the staff coordinated with the U.S. Department of Justice regarding NRC's programmatic requirements. Further, NRC's commitment is evidenced through its delegation of authority to the Office of Small Business and Civil Rights (SBCR) to administer the Agency's civil rights programs.

After reviewing and considering NRC's accomplishments and obligations, SBCR determined that a more detailed and coordinated approach is necessary for NRC to meet both its internal and external obligations. A comprehensive program, such as OCCP, will result in implementation of adequate protections and will fulfill NRC's obligations to regulate, ensure compliance, and enforce applicable civil rights laws. Establishment of an OCCP allows the Commission to carry out its outreach and compliance responsibilities in the area of civil rights.

In order to establish a consistent and effective OCCP, the Agency will need to identify coordinators in NRC offices who will keep SBCR updated and informed about their federally conducted and financially assisted programs and activities. SBCR, in turn, will develop additional OCCP guidance and standards and educate NRC staff regarding their civil rights obligations. SBCR will also develop guidance to ensure that requirements are met in a practical and cost efficient manner that ensures NRC compliance, but does not interfere with Agency activities or result in unnecessary cost.

The comprehensive OCCP will include the following:

• Establishing accountability for program management and oversight responsibilities
• Ensuring compliance coordination
• Conducting pre-and post-award and periodic compliance reviews
• Issuing educational materials, forms and required instructions
• Providing technical assistance, training, direction, and guidance
• Reaching out to stakeholders in the NRC Civil Rights Program (e.g. recipients of NRC financial assistance, LEP communities)
• Monitoring programs and activities
• Collecting information and data, analyzing information and documentation, and issuing compliance determinations
• Referring individuals for assistance, mediation and investigation of compliance-related matters, as warranted, or required under particular regulations
• Reporting the status, progress, and outcomes of programs and activities to NRC officials, and federal oversight agencies
• Enforcing regulatory requirements

CONCLUSION:

The groundwork for NRC's compliance with all applicable civil rights laws already exists in the form of NRC legislation, regulations, management directives, and other policy statements. After studying NRC's obligations in coordination with the U.S. Department of Justice and other agencies, SBCR developed the OCCP as a comprehensive programmatic approach and will continue to refine OCCP to ensure NRC complies with both internal and external civil rights obligations.

RESOURCES:

Resources for OCCP are being addressed as part of the Planning, Budgeting, and Performance Measurement process. Resource estimates are $325K and 0 FTE for FY 2007, $700K and 1 FTE for FY 2008, and $700K and 4 FTE for FY 2009. Resources for FY 2007 and FY 2008 have been budgeted. Resources for FY 2009 will be requested as a part of the FY 2009 budget development.

COORDINATION:

The OCCP, Communication Plan, and SECY paper have been coordinated with OGC, and there is no legal objection. The Chief Financial Officer reviewed this package for financial implications and has no objections.

1. Some of these authorities are as follows: (1) Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination in programs receiving federal financial assistance); (2) Title IX of the Education Amendments of 1972, as amended (prohibiting sex discrimination in education); (3) Section 504 and 508 of the Rehabilitation Act of 1973, as amended (prohibiting disability discrimination in federal programs); (4) the Americans with Disabilities Act of 1990 (prohibiting disability discrimination in State and local governments and the private sector); (5) the Age Discrimination Act of 1975, as amended; (6) Executive Order 12898, February 11, 1994 (promoting Environmental Justice in Federal actions); (7) Executive Order 13160, June 2000 (prohibiting discrimination in federally conducted training and education programs); and (8) Executive Order 13166, August 11, 2000 (directing federally conducted and assisted programs to be accessible to limited English proficient (LEP) individuals).

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