ML23269A246

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NUREG/BR-0344, Rev. 2, Know Your Rights: Limited English Proficiency (Lep), U.S. Nuclear Regulatory Commission (NRC)
ML23269A246
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Issue date: 10/24/2023
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NUREG/BR-0344 R2
Download: ML23269A246 (1)


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Insert Picture here National Origin Discrimination Is Against the Law KNOW YOUR If you believe that you have experienced national origin discrimination and require RIGHTS immediate assistance and/or need additional information, please contact:

Office of Small Business and Civil Rights U.S. Nuclear Regulatory Commission Limited English Proficiency Email: EEOPROGRAMS.Resource@nrc.gov Telephone No.:(301) 415-7380/TDD (301) 415-5244 No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, Quick Links: be denied the benefits of, or be subjected to discrimination under any program or

  • Title VI of the Civil Rights Act of 1964 activity receiving Federal financial U.S. Department of Justice assistance. 42 U.S.C. § 2000d
  • Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency (LEP)
  • Improving Access to Public Websites and Digital Services for Limited English Proficient (LEP) Persons
  • NRCs Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons NUREG/BR-0344. Rev 2 Office of Small Business and Civil Rights October 2023
  • Limited English Proficiency (LEP)

What is a federally conducted Legal Authorities OBLIGATIONS activity?

All Federal agencies subject to Executive Order Title VI of the Civil Rights Act of 1964 Four-Factor Analysis 13166 must design and implement a federally Title VI, 42 U.S.C §§ 2000d - 2000d-7 et seq., is the conducted plan to ensure access for individuals Recipients of FFA have an obligation to reduce Federal law that was enacted as part of the landmark language barriers that can preclude persons with Limited English Proficiency (LEP) to all of Civil Rights Act of 1964 that prohibits discrimination on its federally conducted programs and activities with LEP from meaningful access to important the basis of race, color, and national origin in programs benefits, programs, information, and services (basically, everything that it does). and activities receiving federal financial assistance. The (the Federal government has the same law states, in part, that: obligations because of Executive Order 13166).

Limited English Proficiency (LEP) The starting point is an individualized The Nuclear Regulatory Commission (NRC) No person in the United States shall, on the ground of race, assessment that balances the following four (4) and recipients of its Federal Financial color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under factors:

Assistance (FFA) must take reasonable steps any program or activity receiving Federal financial assistance.

to ensure that persons with Limited English

  • The number or proportion of persons with Proficiency (LEP) have meaningful access to As President John F. Kennedy said in 1963: LEP eligible to be served or likely to be the programs, services, and information those encountered by the program or entities provide. This will require recipients of Simple justice requires that public funds, to which all taxpayers grantee/recipient.

FFA to create solutions to address the needs of of all races, colors, and national origins contribute, not be spent

  • The frequency with which individuals with this population of individuals for whom English in any fashion which encourages, entrenches, subsidizes or LEP encounter the program.

is not their primary language. results in racial, color, or national origin discrimination.

  • The nature and importance of the program, activity, or service provided by the program Who is an individual with LEP? Executive Order 13166 - Improving Access to people's lives; and Individuals who do not speak English as their
  • The resources available to the primary language and who have a limited ability to Services for Persons with Limited grantee/recipient and costs.

to read, speak, write, or understand English English Proficiency (LEP) can be a person with LEP. These individuals Executive Order 13166, signed on August 11, 2000, may be entitled to language access assistance requires Federal agencies to examine the programs and Elements of an Effective Strategic with respect to a particular type of federal services they provide, identify any need for services to LEP Plan (SLEPP) service, benefit, or encounter. those with LEP, and develop and implement a system to Elements that may be helpful in designing an provide those services so persons with LEP can have SLEPP:

What is Federal Financial meaningful access to them. It is expected that agency

  • Assessment of LEP populations and plans will provide for such meaningful access consistent language needs.

Assistance (FFA)? with, and without unduly burdening, the fundamental

  • Identification of ways in which language Federal Financial Assistance (FFA) includes mission of the agency. The Executive Order also assistance will be provided.

federally provided grants, training, equipment, requires that Federal agencies work to ensure that donations of surplus property, and other

  • Public outreach and notice of the recipients of FFA provide meaningful access to their availability of language assistance.

assistance. A recipient is an entity which applicants and beneficiaries with LEP.

receives FFA from the NRC. A subrecipient is

  • Provision of appropriate staff training on one who receives FFA passed on from a the LEP Program/SLEPP.

recipient. Subrecipients have the same LEP

  • Periodic self-assessment and self-responsibilities as recipients of FFA. Recipients monitoring.

of FFA range from state and local agencies to nonprofits and other organizations. Language Assistance Services The NRC and its recipients of FFA may provide Who Must Comply and Who Can be language services in either oral or written form.

Found in Violation? Quality and accuracy of the language service is All entities that receive FFA from the NRC must critical to avoid potential serious consequences comply with Executive Order 13166 in the to the person with LEP and to the recipients.

provision of programs and activities. This Examples of Language Assistance Services includes State agencies, local agencies, Include:

private/non-private entities, and sub-recipients

  • Oral interpretation services conducted in-(entities that receive Federal funding from one person or via telephone interpreter lines.

of the recipients mentioned above).

  • Bilingual staff.
  • Written translation services.
  • Community volunteers.