ML23125A176

LTR-22-0321 - Enclosure - Nrc'S 2023 Strategic Limited English Proficiency Plan

ML23125A176
Person / Time
Issue date:	05/18/2023
From:	NRC/EDO, NRC/SBCR
To:	US Dept of Justice, Office of the Attorney General
Shared Package
Ml23125A135	List: ML23125A175 ML23125A176
References
LTR-22-0321
Download: ML23125A176 (1)

Text

2023 STRATEGIC LIMITED ENGLISH PROFICIENCY PLAN THE SLEPP IS ADMINISTERED BY THE OFFICE OF SMALL BUSINESS AND CIVIL RIGHTS

ABOUT THE NRC OUR MISSION To license and regulate the nations civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment.

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TABLE OF CONTENTS ABOUT THE NRC .........................................................................................................................i TABLE OF CONTENTS ............................................................................................................. ii 1.0 PURPOSE....................................................................................................................... 1 2.0 POLICY ........................................................................................................................... 1

3.0 BACKGROUND

.............................................................................................................. 1 4.0 STATUS OF THE NRCS LIMITED ENGLISH PROFICIENCY PLAN AND GUIDANCE TO RECIPIENTS ....................................................................................................................... 2 5.0 EMERGENCE OF THE SLEPP TO PROMOTE ACCESS TO PERSONS WITH LIMITED ENGLISH PROFICIENCY .......................................................................................................... 2 6.0 STAKEHOLDER INPUT ................................................................................................. 3 7.0 APPLICABILITY ............................................................................................................. 3 8.0 ROLES AND RESPONSIBILITIES ................................................................................. 6 9.0 IMPLEMENTATION ........................................................................................................ 6 10.0 ASSESMENT OF WHETHER AND HOW TO PROVIDE LEP SERVICES...................... 7 11.0 LANGUAGE ASSISTANCE SERVICES ......................................................................... 9 12.0 AVAILABLE LANGUAGE SERVICES ............................................................................ 9 13.0 PROCEDURES FOR REQUESTING LANGUAGE SERVICES .....................................10 14.0 PUBLIC STAFF MEETINGS ..........................................................................................10 15.0 PUBLIC COMMISSION MEETINGS ..............................................................................11 16.0 ADAPTATION TO NRC DIGITAL COMMUNICATIONS ................................................11 17.0 PUBLIC HEARINGS ......................................................................................................11 18.0 PUBLIC WEB PAGE......................................................................................................12 19.0 USING OTHER RESOURCES .......................................................................................12 20.0 VITAL DOCUMENTS .....................................................................................................12 21.0 COLLABORATION WITH THE NRCS RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE ...........................................................................................................................13 22.0 NRC LIMITED ENGLISH PROFICIENCY ACCOMPLISHMENTS IN FISCAL YEARS 2022-2023 (as of May 2023)....................................................................................................14 23.0 DOJ RESOURCE ...........................................................................................................15 24.0 SBCR CONTACT INFORMATION .................................................................................15 APPENDIX A - SLEPP POC/OFFICE WORKSHEET ................................................................ I ii

U.S. NUCLEAR REGULATORY COMMISSION 2023 STRATEGIC LIMITED ENGLISH PROFICIENCY PLAN 1.0 PURPOSE 1.1 The U.S. Nuclear Regulatory Commission (NRC) prepared a Strategic Limited English Proficiency Plan (SLEPP), which supersedes the 2011 U.S. Nuclear Regulatory Commission Limited English Proficiency Plan Implementing Executive Order 13166 (2011 LEP Plan).

1.2 The SLEPP is designed to provide substantive, real-time information to address todays situations and forward-thinking processes to meet future challenges, with the goal of strengthening the NRCs commitment to providing meaningful access to LEP persons (also referred to as LEP individuals). The SLEPP is also designed to help ensure conformity with Executive Order (EO) 13166, Improving Access to Services for Persons with Limited English Proficiency, dated August 11, 2000; recent U.S. Department of Justice (DOJ) guidance, and directives.

1.3 The Office of Small Business and Civil Rights (SBCR) will periodically provide progress reports to NRC leadership on the SLEPP. SBCR will also report on collaborative LEP efforts involving NRC's recipients of Federal financial assistance (FFA).

2.0 POLICY Recognizing that public involvement in and information about the NRCs programs and activities are cornerstones in the fair regulation of the nuclear industry, the agencys policy is to improve access to its programs and activities for LEP persons as consistent with and without unduly burdening the NRCs public health and safety mission.

3.0 BACKGROUND

The Federal Government and recipients of FFA must, to the extent that LEP services are required and appropriate, take reasonable steps to ensure that LEP persons have meaningful access to their programs and activities consistent with provisions in EO 13166. With respect to the Federal Government, everything an agency does falls within the scope of a Federally conducted program or activity such that the Federal agency should be cognizant of potential LEP considerations. 1 Federal agencies are required to establish a Language Access Plan to make reasonable efforts to eliminate or reduce LEP as a barrier to members of the public accessing the agencies programs or activities. On February 17, 2011, the Attorney General (AG) reaffirmed the directions given in the EO that each Federal agency develop and implement a system by which LEP persons can meaningfully access the agencys services. The DOJ has provided assistance in 2023 to Federal agencies to develop and update Language Access Plans and implement measures to better ensure compliance with EO 13166. To gain a better 1 The definition of Federally conducted programs is the same under EO 13166 as the definition used under the regulations for application of section 504 of the Rehabilitation Act of 1973 to federally conducted programs (Title 28 of the Code of Federal Regulations Part 39, Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Justice, Editorial Note, Section 39.102, defines programs and activities).

understanding of Federal agencies LEP obligations, NRC staff are being asked to review the DOJs video Overcoming Language Barriers: Creating Language Access Policies, Plans and Procedures.

On November 21, 2022, AG Merrick B. Garland issued a memorandum to Federal agencies and their heads of civil rights offices and general counsels on updating and improving their language access responsibilities, 2 as outlined in EO 13166. In August 2022, the Census Bureau reported to the DOJ that from 2009 to 2019, the portion of the U.S. population from age 5 years old and up speaking a different language from English at home increased from 20 percent to 22 percent.

Meanwhile, the share of the population speaking English less than very well decreased from 9 percent to 8 percent. 3 In response to the Census report, AG Garland asked the Assistant AG for Civil Rights, with help from the recently appointed Language Access Coordinator in the DOJs Office of Access to Justice, to share best practices and information with other Federal agencies on their language initiatives. AG Garland also asked Federal agencies to provide the DOJ with an updated agency Language Access Plan consistent with requirements established by EO 13166 within 180 days of the memorandums issuance (requested date, May 22, 2023). This effort is a continuation of other DOJ actions to provide LEP persons with access to the Federal Governments services, programs, and activities.

4.0 STATUS OF THE NRCS LIMITED ENGLISH PROFICIENCY PLAN AND GUIDANCE TO RECIPIENTS In compliance with Section 2 of EO 13166, the NRC established the 2011 LEP Plan, which identifies the policies, procedures, and steps that the NRC will take to ensure that LEP persons can meaningfully access and understand information about NRC-conducted programs and activities.

EO 13166 also directs Federal agencies to publish guidance to their FFA recipients on how the recipients can provide access to LEP persons. The NRCs, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, was published in the Federal Register in 2003.

5.0 EMERGENCE OF THE SLEPP TO PROMOTE ACCESS TO PERSONS WITH LIMITED ENGLISH PROFICIENCY 5.1 NRC has determined that the SLEPP will:

• Create more opportunities for public engagement (e.g., periodic feedback from persons receiving LEP translation services).

• Identify process improvements.

• Realize greater efficiencies.

• Benchmark best practices.

• Match behaviors to real-world conditions and situations (e.g., address lessons learned from the COVID-19 public health emergency).

2 Attorney General Merrick B. Garland Issues Memorandum to Improve Access to Services for People with Limited Proficiency in English, November 21, 2022.

3 Sandy Dietrich and Erik Hernandez, Language Use in the United States: 2019, p. 4, U.S. Department of Commerce, U.S. Census Bureau, American Community Survey Reports, issued August 2022, www.census.gov.

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• Address rapid changes in circumstances.

• Prepare for future challenges.

• Incorporate flexibilities.

• Enable better oversight.

• Perform assessments, barrier analysis, monitoring, and reporting, while promoting the NRCs organizational transformation values and vision of being a model equal employment opportunity employer and modern risk-informed regulator.

5.2 Primary objectives of the SLEPP are to identify the following:

• Scope of LEP coverage.

• Level of applicability.

• Identify key stakeholder roles.

• Clarify NRC offices accountability.

6.0 STAKEHOLDER INPUT All NRC offices had the opportunity to make comments and recommendations in the development of this plan. The NRC will send the SLEPP to LEP advocacy groups and special interest groups; post the SLEPP on its public web page; and consider input from within the agency and the public when monitoring and periodically updating the SLEPP.

7.0 APPLICABILITY 7.1 EO 13166 coverage is applicable only within the United States and its territories and does not apply extraterritorially.

7.2 EO 13166 coverage and the SLEPP are applicable only to NRC-conducted programs and activities that are located within the United States and its territories.

7.3 The purpose of EO 13166 is to limit English proficiency as a barrier to accessing existing Federal servicesnot to create new services. Therefore, the SLEPP covers NRC offices (affected offices) whose programs and activities have the most interaction with the public and greatest potential for interaction with LEP persons. Since the affected offices are more likely to interact with LEP persons, they should plan for more language assistance measures than other NRC offices.

It is anticipated that other offices will have limited responsibility under the SLEPP.

The affected offices are the following:

• Office of the Commission (OCM)

• Office of the Secretary (SECY)

• Office of Public Affairs (OPA)

• Office of the Executive Director for Operations (OEDO)

• Office of Small Business and Civil Rights (SBCR)

• Office of Administration (ADM)

• Office of Nuclear Regulatory Research (RES)

• Office of Nuclear Security and Incident Response (NSIR)

• Office of Nuclear Reactor Regulation (NRR)

• Office of Nuclear Material Safety and Safeguards (NMSS)

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• Office of the Chief Information Officer (OCIO)

• Office of the Chief Human Capital Officer (OCHCO)

• Office of the General Counsel (OGC)

• Office of Investigations (OI)

• Office of Enforcement (OE)

• Regional Offices (Regions I, II, III, and IV)

• Atomic Safety and Licensing Board Panel (ASLBP)

• Advisory Committee on Reactor Safeguards (ACRS)

• Advisory Committee on the Medical Uses of Isotopes (ACMUI)

• Office of the Inspector General (OIG) 7.4 The SLEPP POC/Office Worksheet (see Appendix A) and available census information will be used to identify LEP populations based on the areas in proximity to NRC geographic office locations and nuclear facilities. The agency-generated map shown below identifies these areas.

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Geographic Locations of NRC Offices Page 5 of 15

8.0 ROLES AND RESPONSIBILITIES 8.1 The NRC delegated authority to SBCR to administer its civil rights programs, which includes aspects of providing guidance and administering the LEP Program, such as: 4

• Coordinates implementation of the SLEPP.

• Interfaces with the DOJ in its role of Federal oversight, coordination, and enforcement of EO 13166.

• Provides training for Point of Contacts (POCs) and other stakeholders.

• Ensures recordkeeping related to the LEP Program/SLEPP.

• Monitors performance.

• Provides technical assistance to all offices, LEP persons, and affiliated groups.

• Ensures compliance with Federal requirements.

• Manages the translation services contract and LEP resources.

8.2 All NRC offices are expected to coordinate with SBCR to provide LEP translation services, to the extent that LEP services are appropriate. In all situations, SBCR will help identify plausible ways to make NRC services accessible to LEP persons.

8.3 OGC provides legal advice on applicable issues or concerns. OGC will interface with the DOJ as needed on legal issues related to the LEP Program/SLEPP.

8.4 Directors of affected offices will appoint at least one POC for collaboration, coordination, and recordkeeping associated with carrying out LEP activities.

8.5 SBCR will hold meetings with office POCs to formulate strategies and responses to overcome the barriers experienced in providing meaningful language access.

SBCR will host and chair the POC meetings.

8.6 The office POCs with guidance from SBCR will present and coordinate efforts related to LEP translation/interpretation services for their respective office. This will include, but is not limited to:

• Advising and providing technical assistance.

• Forecasting fiscal year needs for translation and interpretation services.

• Meeting with SBCR on a periodic basis to:

Identify challenges and barriers.

Discuss LEP interactions and provide feedback to SBCR.

Share best practices and outreach efforts.

Evaluate the services provided to LEP populations.

9.0 IMPLEMENTATION The NRC will adopt the DOJs five-step plan implementing elements to ensure an effective SLEPP:

4 See delegation of authority for SBCR Director/Roles and Responsibilities in Management Directive 9.24.

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(1) Assessment of LEP populations and language needs.

(2) Identification of ways in which language assistance will be provided.

(3) Public outreach and notice of the availability of language assistance.

(4) Provision of appropriate staff training on the LEP Program/SLEPP.

(5) Periodic self-assessment and self-monitoring 10.0 ASSESMENT OF WHETHER AND HOW TO PROVIDE LEP SERVICES 10.1 The affected NRC offices are required to take reasonable steps to ensure that LEP persons have meaningful access to agency information, services, programs, and activities. The NRC is committed to providing meaningful access to its programs and activities as consistent with and without unduly burdening its fundamental health and safety mission. The NRC will perform the four-factor analysis described below to inform its decisions on LEP services.

10.2 SBCR will coordinate efforts with POCs from the affected offices to conduct a four-factor analysis to determine what reasonable steps, if any, should be taken to provide LEP persons with meaningful access to NRC-conducted programs and activities on a fact-specific, case-by-case basis. For each program in which LEP may be a consideration, POCs need to weigh:

• The number and proportion of LEP persons in the eligible service area.

Examples of this factor may include the local population surrounding the area around a nuclear power reactor, the number of individuals receiving radiation treatment in a particular area, or the number of persons expected to attend a conference or event. Note that for the purpose of applying the factors, the number is on a language-by-language basis, not an overall LEP person basis.

• The frequency with which LEP individuals come in contact with the program or activity.

• The importance of the program or activity to peoples lives. While protecting public health and safety is the mission of the agency, not every action the agency takes will have a direct impact to peoples lives. For example, attendance at a meeting on issues related to nuclear power safety in general would have considerably less impact on peoples lives than instructions on evacuation in the event of a nuclear accident. Regulatory literature pertaining to nuclear medicine licensing, for example, would have less impact on peoples lives than brochures involving patient release criteria.

• The resources available. POCs with assistance from SBCR should explore the cost associated with the provision of LEP services and weigh that factor along with the other three factors.

10.3 Pursuant to EO 13166, and the four-factor analysis described in the DOJ policy guidance apply to the Federally conducted programs and activities of Federal apply to the Federally conducted programs and activities of Federal agencies, including the NRC.

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10.4 To translate the results of the four-factor analysis into action, the affected offices may also consider the additional results or findings described below:

• Results from Conducted Needs Assessment(s). Which LEP populations need access to the program or activity, and what language do they speak? The NRCs Office of Public Affairs (OPA) has created a resource document that identifies LEP populations, and the languages they speak, residing near NRC-licensed nuclear power reactors and fuel cycle facilities. 5 This may be useful in addressing the first factor of the four-factor analysis.

• Language Assistance Services. What services will the affected offices provide to ensure meaningful access? The choice must be the most reasonable and effective method of providing such service. This factor may be useful in addressing the fourth factor of the four-factor analysis.

• Notice. How will the affected offices notify LEP persons of the language services available to them? Affected offices, to the extent that LEP services will be provided, must provide reasonable notification to eligible LEP persons, in a way that they will understand, that language services are available. An LEP persons awareness of their rights or the services available to them contributes to meaningful access. To achieve effective outreach, following a determination that LEP services will be provided, NRC affected offices Must consider the appropriate mix of print, radio, and television notices in mainstream and ethnic media outlets.

Should consult OPAs report on reaching multicultural media, 6 which is on SBCRs web page under LEP services.

Should continue to contact local governments and community organizations that can help advise on the nature of the local population and the most effective measures to provide reasonable notice to them.

10.5 The NRC will continue to announce meetings that are open to the public on its Public Meetings Schedule web page, at least 10 calendar days before the meeting date. Members of the public who do not have access to the internet can contact the NRC or Public Document Room staff for information on scheduled meetings at 1-800-397-4209 or 301-415-4737. If affected offices anticipate a high level of public interest or if the topic is controversial, then OPA prepares a press release and handles other media relations. If the staff deems it necessary, the affected offices leading the meeting will purchase media advertisements.

10.6 For public meeting notices in which LEP services will be provided, the staff will include generic language on the availability of language services and the process for requesting such services, including contact information for the service coordinator. With respect to the meetings in which LEP services will be provided, Federal Register notices will contain the language services information in English, but the public meeting notices on the NRC web page should contain the 5 OPA, Multicultural Media Outlet MatrixAssessing Population Needs for Limited English Proficiency (LEP) and Native American Tribes (Agencywide Documents Access and Management System Accession No. ML091330605) and accompanying memorandum dated August 22, 2007 (ML072340397).

6 OPA, Reaching the Multicultural Media (MCM): Beyond the Mainstream (ML091330605).

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information in English and any other language spoken by a significant number of the LEP population with an interest in the meeting as identified through staff outreach efforts. The staff will continue to issue public meeting notices with as much advance notice as possible.

10.7 To enhance outreach efforts

• The staff will increase its contact with known stakeholders, local governments, community-based organizations, and advocacy groups.

• The staff will work with OPA to contact multicultural media outlets as necessary and appropriate.

11.0 LANGUAGE ASSISTANCE SERVICES 11.1 To improve LEP persons access to NRC programs and activities, the agency, should provide LEP services, as determined on a case-by-case basis with two types of language assistance services (i.e., translation and interpretation) at no cost to LEP individuals. Translation is the rendering of a written text from one language (source language) into another language (target language). Interpretation is the immediate rendering of oral language from the source language into the target language.

11.2 The NRC adopts and follows prescribed language assistance principles related to translation and interpretation services including the standard of high-quality translation and interpretation services through a competent source at a level of fluency, comprehension, and confidentiality appropriate to the specific nature, type, and purpose of the information at issue.

11.3 When interpretation or translation is necessary to provide meaningful access to NRC-conducted programs or activities, the agency will provide a competent interpreter or translator at the agencys expense. If an LEP person secures an interpreter or translator of their choice at their own expense, SBCR will document this information for record keeping purposes and information sharing with office POCs.

12.0 AVAILABLE LANGUAGE SERVICES 12.1 The NRC is committed to offering language assistance services at no cost to LEP individuals when it is determined that LEP services will be provided. To fulfill this commitment, the NRC relies on contractors and may consider limited use of qualified bilingual staff members to provide translation and interpretation services.

12.2 The NRC has a contract in place for translation and interpretation services. The contract provides for translation of a variety of documents, including notification of public meetings, factsheets and brochures, information on the public web page, complaint forms, and technical information tailored for the general public. The translated documents preserve the format and style of the original document. The contract also provides for oral interpretation services and multilingual desktop publishing. This contract also provides for translation of foreign documents of interest to the NRC in carrying out its regulatory mission.

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12.3 The NRC may consider using the language assistance services of bilingual staff members on occasion to assist with translations.

12.4 The NRC uses an electronic English-to-Spanish dictionary of technical terms commonly employed by the agency to ensure that contractor translations convey the intended meaning.

13.0 PROCEDURES FOR REQUESTING LANGUAGE SERVICES 13.1 When a staff member in an affected office thinks language services might be appropriate, they should coordinate with their offices POC if services are requested to evaluate whether services should be provided and, if so, what type of services are needed. POCs should follow the process for weighing the four factors set forth in Section 10. If the language services will be paid for from the affected offices budget, the staff member should request approval from their immediate supervisor or the person with delegated authority to allocate resources for the particular project, and then either the POC or staff member should contact SBCRs LEP staff to initiate assistance in processing the request for language translation services.

13.2 If the affected office needs funding assistance to provide language services, that office should contact SBCR LEP staff directly.

14.0 PUBLIC STAFF MEETINGS 14.1 The NRC welcomes public participation in its regulatory process. One way the public can participate is by attending and participating in public staff meetings. The NRC will prioritize providing LEP services at public meetings that are most critical to the agencys health and safety mission. The nature and specific relevance of the meeting, its frequency, the number of LEP individuals on a language-by-language basis, and the impact of the meeting to a persons life need to be assessed.

14.2 A public meeting is a planned, formal encounter open to public observation and participation between one or more NRC staff members and one or more external stakeholders, with the expressed intent of discussing substantive issues that are directly associated with the NRCs regulatory and safety responsibilities. The level of public participation varies depending on the publics interest in a particular meeting topic.

14.3 Guidance has been developed for NRC employees planning public meetings.

Note: Conferences will be handled the same as public meetings and have the same applicability standards listed in Section 7.0.

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15.0 PUBLIC COMMISSION MEETINGS7 15.1 Most meetings held by the Commission are open to the public pursuant to the Government in the Sunshine Act and NRC implementing regulations. 8 The Commission holds meetings on its significant public health and safety regulatory issues, which are of interest to the public. The SECY staff organizes all Commission meetings on behalf of the Commission.

15.2 As appropriate, and in accordance with the four-part balancing test in Section 10, SECY will provide language services, such as an oral interpretation at a meeting, and/or written translation services for the various documents associated with the public meeting including the relevant background information speaker presentations, or the transcript.

15.3 The NRC announces upcoming Commission meetings on its web page and in the Federal Register, at least 7 calendar days before the meeting date. The agency can provide less than 7 calendar days notice of a meeting, subject to Commission approval. The NRC strives to give 6 weeks notice for most meetings.

16.0 ADAPTATION TO NRC DIGITAL COMMUNICATIONS 16.1 In 2021, the NRC modified its LEP translation contract to provide a virtual platform for the agencys annual Regulatory Information Conference (RIC) to mitigate the impacts of COVID-19 on attendance. As a result, the NRC has successfully provided a virtual platform at the 2021, 2022, and 2023 RICs.

16.2 In 2023, SBCR will coordinate efforts with the NRCs OCIO and office POCs on the feasibility of expanding use of Microsoft Teams translation tools as a pilot for selected meetings.

17.0 PUBLIC HEARINGS 17.1 The NRC conducts hearings on matters involved in the licensing of nuclear reactors, nuclear materials, and nuclear materials facilities. Hearings are also available to contest civil penalties for violations of NRC regulations or staff orders directing that some action be taken. The NRC regulations that govern the hearing process are in Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Agency Rules of Practice and Procedure. Hearings are conducted by an Atomic Safety and Licensing Board (ASLB), presiding officer, or the Commission. The ASLB, presiding officer, or Commission may arrange for LEP services for individual witnesses and hearing participants on a case-by-case basis as part of their authority to oversee the course of the proceeding.

7 NRC Advisory Committees, ACRS and ACMUI, advise the Commission on various nuclear regulatory matters and hold public meetings that are governed by the Federal Advisory Committee Act at 5 U.S.C 1001-1014 or 5 U.S.C et. seq. The analysis of the public Advisory Committee meetings is generally the same as that for the public Commission meetings. Therefore, the guidance in Section 14.3 can also be used for public ACRS and ACMUI meetings.

8 See 5 U.S.C. § 552b.; 10 CFR 9.100-109.

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17.2 Individuals or entities whose interests are affected by an NRC licensing or enforcement action may participate in hearings when they meet the pertinent legal requirements in the regulations. Unless sensitive information is being discussed, hearings are open to public observation.

17.3 Generally, a notice of an opportunity for hearing is published in the Federal Register. Hearing requests and intervention petitions ordinarily must be filed within 60 days of the date of this publication in the Federal Register. If a hearing request is granted, notice of the hearing will be published in the Federal Register and on the NRC web page.

18.0 PUBLIC WEB PAGE 18.1 The NRCs public web page is an important means of communication with the public. It provides substantive information on radiological health and safety issues, environmental issues, ways the public can participate in the NRCs activities, and NRC operations.

18.2 The NRCs web page need not be translated into other languages. The four-factor analysis applies to each individual "document" on the web page. The NRC will post on its web page the documents it has already translated.

18.3 SBCR will also update its LEP web page, so that there is a centralized repository of the NRCs LEP resources.

19.0 USING OTHER RESOURCES 19.1 The NRC recognizes that developing partnerships with other Federal agencies is a valuable way to share information and evaluate its own program.

19.2 SBCR will resume participation in the meetings of the DOJs Interagency Working Group on LEP, created pursuant to EO 13166 and consisting of representatives from over 35 Federal agencies. The working groups web page, www.lep.gov, is a data repository providing LEP information, tools, and technical assistance.

19.3 In 2023, the DOJ also started hosting a Language Access Office Hour:

Stakeholder Listening Session once a month, which SBCR will attend.

20.0 VITAL DOCUMENTS 20.1 In its Commonly Asked Questions and Answers Regarding Executive Order 13166, DOJ recommends that vital documents be translated when a significant number or percentage of the population eligible to be served, or likely to be directly affected by the program or activity, needs information in a language other than English to communicate effectively. Vital documents are those that contain information that is critical for obtaining Federal services and/or benefits or are required by law.

Non-vital information includes documents that are not critical to access such benefits and services. Advertisements of Federal agency tours and copies of testimony presented to Congress that are available for informational purposes would be considered non-vital information. Whether or not a document (or the information it solicits) is vital may depend upon the importance of the program, Page 12 of 15

information, encounter, or service involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely manner.

20.2 The NRC has determined that the agency will identify and translate vital documents in accordance with the four-factor analysis detailed in Section 10.2.

These documents will be translated into the non-English language of each regularly encountered LEP group eligible to be served or likely to be affected. For lengthier and more technical documents that are targeted to the public, affected offices should provide an English language summary that will be translated into other languages.

21.0 COLLABORATION WITH THE NRCS RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE 21.1 The NRC has determined that no changes are needed to the NRCs Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.

21.2 Title VI requires all recipients of FFA from the NRC to provide meaningful access to LEP persons. Before FFA can be awarded, applicants must complete the NRC SBCR pre-award compliance review, which includes applicants certification of their compliance with antidiscrimination regulations, including Title VI of the Civil Rights Act of 1964. As part of the review process, recipients must complete NRC Form 781, SBCR Compliance Review, 9 which includes question 4, Limited English Proficiency: Provide information/data regarding covered employment, including use or planned use of bilingual public-contact employees serving beneficiaries of the program where necessary to permit effective participation by beneficiaries unable to speak or understand English. Recipients of NRC FFA are required to participate in post-award compliance reviews for the duration of their FFA to ensure compliance with regulatory requirements.

21.3 SBCR is currently working with other NRC offices to improve efforts related to Title VI application and compliance by NRC recipients of FFA, as described in the NRCs guidance to recipients conducting environmental and health programs that have a direct impact on the public (e.g., State health and radiological offices enforcing health and safety standards, environmental protection offices providing information on radiological hazards and responsible for receiving and investigating environmental complaints, emergency response entities serving a significant LEP community, etc.) to ensure that LEP populations have appropriate access to information about the environment, including hazardous materials and activities in their communities, and the opportunity to participate in decision-making. 10 21.4 SBCR will work closely with other NRC offices to conduct oversight, coordination, monitoring, technical assistance, training, and provide educational materials to help NRC recipients in their efforts to comply with Federal and NRC regulations and directives. This support includes the following:

9 NRC Form 781 approved by Office of Management and Budget Nos. 3150-0053, 3150-0209; expires February 29, 2024. SBCR Compliance Review Part A, question 4, Limited English Proficiency.

10 69 FR 10066 (March 3, 2004).

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• Provide vital information in the language and dialect of the LEP populations located in the vicinity of the NRC-licensed facility.

• Ensure that the LEP population has access to emergency evaluation information and procedures for filing complaints of contamination, hazards, safety concerns, or denial of access.

• Post and disseminate information in the language of the LEP population in high-stress situations.

• Identify individuals or community groups who might serve as bilingual volunteers for a small population.

22.0 NRC LIMITED ENGLISH PROFICIENCY ACCOMPLISHMENTS IN FISCAL YEARS 2022-2023 (as of May 2023) 22.1 In fiscal years (FY) 2022-2023, the NRC provided LEP interpretation/translation services to achieve three NRC overarching goals: (1) ensure LEP accessibility and inclusion in NRC services, programs, and activities; (2) fulfill the NRCs Trust Responsibility through implementation of the principles of the Tribal Policy Statement; and (3) lead efforts toward becoming a modern risk-informed regulator.

The following paragraphs describe the NRCs LEP accomplishments.

• In 2023, the NRC provided hybrid (virtual and in-person) language translation services at the agencys FY 2023 Regulatory Information Conference (RIC) during 30 plus conference sessions to 60 LEP persons in 6 different languages. There were 18 requests for Japanese translation, 33 requests for Korean translation, 4 requests for Spanish translation, 2 requests for French translation, 2 requests for Portuguese translation, and 1 request for Ukrainian translation services. In FY 2022, the NRC provided virtual language translation services during more than 30 plus conference sessions to 38 LEP persons in 9 different languages (e.g., Japanese, Korean, French, Portuguese, Italian, Romanian, Hungarian, Russian, and Spanish).

• In FY 2022, the NRC provided simultaneous translation services (English to the Dine` language, and the Dine` language to English) to support the Commission's meeting with the Navajo Tribal community members of the Red Water Pond Road. The NRC prepared a courtesy transcript of this meeting in the Dine` language. The NRC also prepared a courtesy transcript in the Dine` language to support the Commission's meeting on the Ten-Year Plan to Address Impacts of Uranium Contamination on the Navajo Nation and Lessons Learned from the Remediation of Former Uranium Mill Sites. These two Commission meetings were held in Gallup, New Mexico (one of these in the Red Water Pond Communitys Chaaoh (Shade House); these were the first offsite Commission meetings in over 40 years).

• In FY 2022, NRR provided consecutive Navajo translation and transcription services to support NRC meetings with different chapters of the Navajo Nation for the Church Rock project.

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• In FY 2022, NMSS produced translated versions of the NRCs patient release medical video, Staying Safe While Getting Better, Protecting Yourself and Your Loved Ones While Taking Radioactive Drugs, and a patient release information brochure in three languages (Spanish, French, and Chinese).

• In FY 2023, a RES employee, who is the co-chair of a Nuclear Energy Agency/Committee on the Safety of Nuclear Installations/Working Group on Human and Organizational Factors project, requested that a report and presentation be translated from Chinese into English to examine key aspects of the contributing and causal factors on an organizational level to determine whether and how they relate to existing nuclear regulatory practices. In FY 2022, the employee requested translation of a report from Finnish into English on the same topic. This employee is part of a working group made up of human factors specialists from nearly a dozen different countries, tasked with researching the lessons learned from the Boeing 737 MAX accidents in the areas of human and organizational factors and safety culture.

23.0 DOJ RESOURCE The DOJ has provided instructional guidance and resources to assist Federal agencies to develop and update Language Access Plans and implement measures to assure compliance with EO 13166. To gain a better understanding of Federal agencies LEP obligations, please review DOJs video on Overcoming Language Barriers: Creating Language Access Policies, Plans and Procedures.

24.0 SBCR CONTACT INFORMATION Vonna Ordaz, SBCR Director Jeanne Dempsey, SBCR Deputy Vonna.Ordaz@nrc.gov Jeanne.Dempsey@nrc.gov 301-415-7380 301-287-0709 Tuwanda M. Smith, Esq., AEDM Program Manager* Stephanie Garland, AEDM Specialist Tuwanda.Smith@nrc.gov Stephanie.Garland@nrc.gov 301-415-7394 301-415-2729 Stephen D. Smith, Civil Rights Program Manager Stephen.Smith@nrc.gov 301-415-0192

• Affirmative Employment and Diversity Management Page 15 of 15

APPENDIX A - SLEPP POC/OFFICE WORKSHEET U.S. NUCLEAR REGULATORY COMMISSIONHEADQUARTERS Table 1: Most # of Estimated  % of Estimated  % of Estimated # of Estimated % of Estimated Prominent Population Population Who Population Who LEP Population LEP Population Non-English Speak English Speak Who Speak Who Speak English Languages Spoken Only Languages Other English Less Less Than Very by LEP Population Than English at Than Very Well Home Well Populations Tracked by US XXXX Census 11 Delaware Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages District of Columbia Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Maryland Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages New Jersey Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages 11 Source: U.S. Census Bureau, American Community Survey (ACS), ACSST1Y2021.S0501-2023 27T133055.XLSX: LANGUAGE SPOKEN AT HOME AND ABILITY TO SPEAK ENGLISH FOR THE POPULATION 5 YEARS AND OVER.

I

U.S. NUCLEAR REGULATORY COMMISSIONREGION I POPULATION STATISTICS Table 2: Most # of Estimated % of Estimated  % of Estimated # of Estimated % of Estimated Prominent Population Population Who Population Who LEP Population LEP Population Non-English Speak English Speak Who Speak Who Speak English Languages Spoken Only Languages Other English Less Less Than Very by LEP Population Than English at Than Very Well Home Well Populations Tracked by US XXXX Census Connecticut Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Maine Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Massachusetts Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages New Hampshire Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages New York Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Pennsylvania Spanish Other Indo-European Languages II

Table 2: Most # of Estimated % of Estimated  % of Estimated # of Estimated % of Estimated Prominent Population Population Who Population Who LEP Population LEP Population Non-English Speak English Speak Who Speak Who Speak English Languages Spoken Only Languages Other English Less Less Than Very by LEP Population Than English at Than Very Well Home Well Populations Tracked by US XXXX Census Asian and Pacific Islander Languages Other Languages Rhode Island Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Vermont Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages III

U.S. NUCLEAR REGULATORY COMMISSIONREGION II POPULATION STATISTICS Table 3: Most # of Estimated % of Estimated  % of Estimated # of Estimated % of Estimated LEP Prominent Population Population Who Population Who LEP Population Population Who Non-English Speak English Speak Who Speak Speak English Less Languages Spoken Only Languages Other English Less Than Very Well by LEP Population Than English at Than Very Home Well Populations Tracked by US XXXX Census Alabama Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Florida Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Georgia Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Kentucky Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages North Carolina Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Puerto Rico Spanish Other Indo-European Languages IV

Asian and Pacific Islander Languages Other Languages South Carolina Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Tennessee Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages U.S. Virgin Islands Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Virginia Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages West Virginia =

Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages V

U.S. NUCLEAR REGULATORY COMMISSIONREGION III POPULATION STATISTICS Table 4: Most # of Estimated % of Estimated  % of Estimated # of Estimated % of Estimated Prominent Population Population Who Population Who LEP Population LEP Population Non-English Speak English Speak Who Speak Who Speak English Languages Spoken Only Languages Other English Less Less Than Very by LEP Population Than English at Than Very Well Home Well Populations Tracked by US XXXX Census Illinois Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Indiana Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Iowa Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Michigan Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Minnesota Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Missouri Spanish Other Indo-European Languages VI

Asian and Pacific Islander Languages Other Languages Ohio Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Wisconsin Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages VII

U.S. NUCLEAR REGULATORY COMMISSIONREGION IV POPULATION STATISTICS Table 5: Most # of Estimated % of Estimated  % of Estimated # of Estimated % of Estimated LEP Prominent Population Population Who Population Who LEP Population Population Who Non-English Speak English Speak Who Speak Speak English Less Languages Spoken Only Languages Other English Less Than Very Well by LEP Population Than English at Than Very Home Well Populations Tracked by US XXXX Census Alaska Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Arizona Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Arkansas Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages California Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Colorado Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Hawaii Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages VIII

Idaho Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Kansas Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Louisiana Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Mississippi Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Montana Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Nevada Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages New Mexico Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages North Dakota IX

Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Oklahoma Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Oregon Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages South Dakota Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Texas Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Utah Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Washington Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages Wyoming Spanish X

Other Indo-European Languages Asian and Pacific Islander Languages Other Languages XI