ML20215K150
| ML20215K150 | |
| Person / Time | |
|---|---|
| Issue date: | 12/19/1986 |
| From: | Kerr W NRC OFFICE OF SMALL & DISADVANTAGED BUSINESS UTILIZATION (OSDBU) |
| To: | Oneglia S JUSTICE, DEPT. OF |
| Shared Package | |
| ML20215K139 | List: |
| References | |
| FOIA-87-260 NUDOCS 8705110096 | |
| Download: ML20215K150 (6) | |
Text
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'6 December 19, 1986 Ms. Stewart B. Oneglia, Chief l
Coordination and Review Section l
Civil Rights Division U.S. Department of Justice j
10th and Pennsylvania Avenue, N.W.
Washington, DC 20530 l
Dear Ms. Oneglia:
Enclosed is the Nuclear Regulatory Commission's FY-1987 Civil Rights l
Implementation Plan update required by Section I 403 of Executive Order 12250.
l If there are any questions regarding this matter, please contact Mr. Edward E. Tucker, Manager, Civil Rights Program at 492-7697.
Sincerely, original signed by:
William B. Kerr, Director Office of Small and Disadvantaged Business Utilization / Civil Rights
Enclosure:
Implementation Plan DISTRIBUTION:
SUBJ Tucker Rdg vEETucker ELMarshall HHBarber JMestre MBridgers PNorry JMurray EDO SECY 861166 0FC
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0FFICIAL RECORD COPY 8705110096 GMgg,'
COLDSTE87-260 PDR l
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6 FY-1987 CIVIL RIGHTS IMPLEMENTATION PLAN UPDATE FEDERAL FINANCIAL ASSISTANCE I.
OVERVIEW 0F THE CIVIL RIGHTS ENFORCEMENT PROGRAM A.
Mission This Agency's Federal financial assistance programs remain limited to the State Agreements Program authorized under Section 174 of the Atomic Energy Act of 1954, which provides for training for State and local government personnel in connection with States assuming certain regulatory authorities, and the award of grants for the support of basic'and applied scientific research and for the exchange of scientific information.
The NRC budget allocation for the Federal financial assistance programs totalled
$1,119,250 in FY-1986 ($449,250 for training under the State Agreements Program, and $670,000 forgrants). A total of $1,197,380 has been budgeted in FY-1987 for these programs (training $497,380 and grants $700,000).
For FY-1986 208 persons received training pursuant to the State Agreements Program. Of this number 171 were men and 37 women.
B.
Authority Training for State personnel under the State Agreements Program is authorized pursuant to Section 2741. of the Atomic Energy Act of 1954, as amended, 42 U.S.C.2021(1).
Agreement authority for the program, Grants for the Support of Basic and Applied Scientific Research and for the Exchange of Scientific Information, is provided pursuant to Section 31 a. and 141 b. of the Atomic Energy Act of 1954,asamended,42U.S.C.2051(a),2161(b).
Regulations implementing the NRC's Federal financial assistance program are provided in 10 CFR Part 4.
These regulations implement the following statutes:
(a) Title VI of the Civil Rights Act of 1964, 42 USC 2000d et seq.
(b) Section 401 of the Energy Reorganization Act of 1974, 42 USC 5891.
(c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794.
Both of NRC's financial assistance programs (described as the State Agreements Program and Grants for the Support of Basic and Applied Scientific Research and for the Exchange of Scientific Information) are covered by Title VI of the Civil Rights Act of 1964, Section 401 of the Energy Reorganization Act of 1974, Section 504 of the Rehabilitation Act of 1973, as amended, and the Age Discrimination Act of 1975, as amended. The State Agreements Program training is also covered by Title IX of the Education Amendments.of 1972.
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C.
Program Coverage Neither of the Agency's programs covers an activity where a " primary objective" of the Federal assistance is to provide employment.
1.
State Agreement Program Since the inception of the Agency in 1975, the NRC has funded assistance in the form of training for State and local government personnel under the State Agree-ments Program. Section 274 of the Atomic Energy Act was enacted to author ize the U.S. Atomic Energy commission (now the NRC) to enter into agreements which allow States to assume certain specified areas of regulatory authority of the Consnission. At present 26 states have executed agreements pursuant to the authority of Section 274 of the Act.
The NRC provides training, with or without charge, to employees of various State agencies to assist the States in achieving and maintaining a level of competence necessary to carry out an effective radiation control program. The NRC training program for State personnel has essentially two broad ranged goals (1) to improve the technical competence of State personnel and (2) to assure the regulatory effectiveness of the State radiation control program. The courses cover a broad range of topics including basic health physics, regula-tory practices and procedures, industrial radiography, nuclear medicine, well logging and management practices.
The training, funded by the NRC under the State Agreements Program, is held in various locations and conducted by a variety of institutions.
2.
Grants for the Support of Basic and Applied Scientific Research and for the Exchange of Scientific Information Beginning in FY-1981, the NRC established a program of assistance relationships (grants and certain types of cooperative agreements) with educational institu-tions, nonprofit institutions, State and local governments, and professional societies, covering two areas of activity:
a.
The support of research necessary to provide a technology base to assess the safety of nuclear power operation, plant siting, and waste disposal.
This program includes, but is not limited to, support of basic and applied research to advance understanding of and contribute to the store of know-j ledge applicable to the design operation, siting, systems and subsystems performance of nuclear power and disposal of waste products resulting from nuclear power applications.
j b.
The expansion, exchange and transfer of knowledge, ideas and concepts I
directed toward the research program. The program includes, but is not
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limited to, support of professional meetings, symposia, conferences, j
national and international commissions, and publications. The primary
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purpose is.to stimulate research to provide a technological basis for the l
safety assessment of systems and subsystem technologies used in nuclear power applications. This program will increase public understanding rela-ting to nuclear safety, enlarge the fund of theoretical and practical knowledge and technical information, and ultimately enhance the protection of the public health and safety.
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Organization The Director of OSDBU/CR has primary responsibility for the coordination and implementation of the NRC's assistance programs under 10 CFR Part 4,
" Nondiscrimination in Federally Assisted Comission Programs." The program is centralized, with the five regional offices of the NRC referring matters per-taining to the program to OSDBU/CR for appropriate handling.
Designated as "the responsible official" under Part 4, the Director of OSDBU/CR has the delegated authority to monitor, as necessary, the Agency's program to assure that applicants and recipients comply with the requirements of these regulations. Sections 4.41 through 4.75 of 10 CFR Part 4 provide a means of effecting compliance with the Agency's assistance programs.
Generally, final compliance decisions are rendered by the Commission. The Director, OSDBU/CR, however, has the overall responsibility for the administration of these com-pliance provisions. The Director has the authority to accept complaints, con-duct investigations of any indication of possible noncompliance, make detemi-nations as to whether compliance can be secured by voluntary means, serve notice of opportunity for hearing and, among a number of other responsibilities and authorities, may enter consent orders. All matters are handled in coordination with the Agency legal staff.
Enforcement monitoring is carried out by the staff of the Office of Small and Disadvantaged Business Utilization / Civil Rights (0SDBU/CR). On-site reviews of agreement State programs are conducted by the Office of State Programs of the NRC at approximately 18-month intervals to determine whether the State program is adequate to protect health and maintain safety and is compatible with the NRC regulatory program. Moreover, the Office of State Programs maintains con-tinuous liaison with the State in administering the training program funded by the Agency. Any information received regarding possible violations of NRC nondiscrimination regulations would be referred to the OSDBU/CR staff. We have an agreement that the same procedure would be followed in the event of problems associated with nondiscrimination clauses included in grant awards under the grant program. Grant awards are administered by the NRC Grants Officer, Division of Contracts, Office of Administration.
Since the NRC Civil Rights Program is centralized, there are no provisions for management information systems or reporting requirements for the regional offices.
The NRC does not contemplate any civil rights training activities for recipients or potential recipients during FY-1987. The Agency will continue to disseminate information concerning civil rights requirements (10 CFR Part 4) to recipients.
E.
Staff and Budgetary Resources The Civil Rights Program Manager in OSDBU/CR and a senior level EE0 Specialist devote approximately 1/5 staff-year on matters pertaining to the coordination and review of issues relating to implementation of the NRC's Federal financial assistance programs under 10 CFR Part 4.
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II. APPROACH TO MAJOR CIVIL RIGHTS FUNCTIONS In view of the nature of the NRC Federal financial assistance, the fact that no fonnal or informal complaints of discrimination have been referred to the Agency, and considering staffing limitations, the NRC has not conducted any pre-or post-award reviews of these programs.
Since the Agency has not received any complaints of discrimination involving the Federal financial assistance program, there have been no administrative or legal enforcement actions under 10 CFR Part 4.
III. G0ALS AND OBJECTIVES a.
Long Range Goal Conduct a self evaluation and transition plan in conjunction with the require-ments of Section 504 of the Rehabilitation Act of 1978, as amended.
To ensure that applicants and beneficiaries are not denied benefits of the program because of race, color, religion, national origin, handicapped status, age or sex.
Publication of a final rule to implement Title IX of the Education Amendments of 1972.
b.
Major Objective To continue to monitor recipients to ensure compliance with NRC's regulation in 10 CFR Part 4.
c.
Progress Report The NRC regulation to implement the Age Discrimination Act of 1975, as amended, 42 USC 6101 et seq. has been forwarded to the Office of Management and Budget for clearance under the Paperwork Reduction Act prior to publication of the final rule, which is scheduled for the second quarter of FY 1987.
Final Regulations covering Section 504 of the Rehabilitation Act of 1973, as amended, with respect to Federally Conducted Programs were published jointly with other federal agencies in the Federal Register on June 23, 1986.
The NRC has secured and placed in operation a Telecommunications Device for the Deaf (TDD) in the headquarters public document room with WATS line hookup.
The action satisfies one of the requirements of the agency regulations under the Section 504 regulations.
Discussions were held with representation of the Department of Education and the Department of Justice regarding a delegation agreement with the Department of Education to assure certain compliance functions.
It was determined that such an agreement would not be appropriate for the NRC.
h.
j Estimated 1
Short Term Objectives Starting Date Completion Date Work Products Publish regulations to 3rd Qtr.
2nd Qtr.
Final regulations implement Age Discrimin-FY-1982 FY-1987 To implement Age action Act of 1975 Discrimination Act of 1975 Transmit draft Title IX 3rd Qtr.
2nd Qtr.
NPRM regulation, regulation to D0J FY-1983 FY-1987 awaiting DOJ connents Publish final regulations 3rd Qtr.
4th Qtr.
Final regulations to implement Title IX of FY-1983 FY-1988 to implement Title Education Amendments of '72 IX of Education Amendment of 1972 Conduct self-evaluation in 1st QTR.
3rd Qtr.
Report on program connection with requirements FY-1987 FY-1987 and activities of Section 504 of the covered under Rehabilitation Act of 1973, regulations and any as amended, with respect to actions required Federally conducted programs.
for compliance.
Develop a transition plan 4th Qtr.
2nd Qtr.
Self evaluation as required by Sec. 504 of FY-1986 FY-1987 and transition Rehabilitation Act of 1973 plan.
as amended, 29 USC 749 A
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