ML19269D054
| ML19269D054 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Califano J HEALTH & HUMAN SERVICES, DEPT. OF |
| References | |
| NUDOCS 7902270074 | |
| Download: ML19269D054 (3) | |
Text
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p* "'%g UNITED STATES co p 3(g g
NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555
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February 8,1979 OFFICE OF THE CH AIRM AN The Honorable Joseph A. Califano, Jr.
Secretary of Health, Education and Wel fam Washington, D. C.
20201
Dear Mr. Secretary:
Thank you for the opportunity to provide the views of the NRC on aspects of the HEW proposed general regulations which implement the Age Discrimination Act of 1975.
In youf letter of November 30, 1978, you identified five saiient points for speci fic attention and posed certain questions regarding each of these points. We have addressed only those questions which directly relate to the very limited NRC programs of Federal financial assistance that are covered by the Act.
With reference to the proposed informal resolution procedure dis-cussed in-your letter.under issue No. 3, the NRC would endorse use of mediation in resolving complaints arising under the Act. However, the proposed regulations, as we understand Sec. 90.43(d)(3), would require that the complaint be referred to the Federal Madiation and Concilia-tion Service for mediation witho.ut allowing the agency to attempt to resolve the problem in the first instance. Agencies, of course, are most familiar with the programs they administer in providing financial assistance. We suggest that appropriate language be included in the proposed regulations to provide an intermediate step whereby the agency has the opportunity to resolve the complaint before referral to the.FMCS.
We believe the suggestion is justified by the possibility of a prompt resolution where uncomplicated issues and simple misunderstandings may be invohed.
'We share the concern expressed in issue No. 4 of your letter regarding the statutory requirement in Section 308 for submitting data on partici-pants by age " sufficient" to pennit analysis of whether the recipient is complying with the Act. As indicated in the supplementary information to the proposed regulations beginning at page 37, it wo.ul.d appear that the provisions of this section, depending upon how it is interpreted, could involve an extraordinarily expensive data collection burden.
NRC's "I 9 0' 2 2 7 0 O Y
The Honorable Joseph A. Califano, Jr.
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-limited involvement in Federal financial assistance under the Act relates to training programs for state and local government personnel in developing and improving their radiological emergency response plant and training state personnel in regulatory concepts and pro-cedures in preparation for agreement status under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2021.
As applied to this agency's a~ccivities in extending financial assistance, an extreme interpretation of the reporting requirement in Section 308 of '
the Age Discrimination Act could result in complex data collection and ' analysis relating to the employment practices of numerous state and' local governments.
Clearly, this would create a formidable reporting b'urden both for the recipient and the NRC.
The HEW proposal, as we interpret Section 90.34, suggests that the focus would be placed upon analyses of complaints and compliance reviews and gives the agency discretion to collect data. gear 5d toward the uniqueness of the agency's particular programs. We endorse this practical approach and believe it should provide an effective imple-mentation of Section 308 of the Act.
Issue No. 5 of your letter notes that in attempting to avoid placing unnecessary paper-work burdens on recipients with respect to compliance and enforcement procedures, there is no requirement in the proposed regulations that each recipient of Federal financial assistance submit an assurance of compliance with the Act. The regulations, however, do require a one-time 'self evaluation of age distinctions imposed by recip-ients employing more than 15 persons.
You requested our views on the compliance requirements these regulations place on recipients.
The NRC's regulations (10 CFR 4.21) covering " Nondiscrimination in Fed-erally Assisted Commission Programs" already require an assurance of compliance with Title VI of the Civil Rights Act of 1964 and related statutory requirements.
It is our understanding that the regulations of other agencies generally contain a similar requirement. Thus, it would appear that the " Assurance of Compliance" form presently used by agencies ext.ending Federal financial assistance could simply be revised to include the requirements of the Age Discrimination Act of 1975; in addition to assuring compliance with.the requirements of the other statutes enumerated on the form, compliance with this Act would be assured as well. We feel that this procedure would impose an easier burden on agencies and recipients than the preparation and processing of the self evaluation requirement since the form must in any event be executed to comply with regulations implementing other statutes.
4 M
The Honorable Joseph A. Califano, Jr.
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- I appreciate the opportunity to comment on the prorosed regulations.
The NRC remains conmitted to eradicating any age discrimination that may exist in programs receiving Fed.eral funds.
5 ncerely, f
'40-Jesep M. Hendrie Chairman e
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