ML24009A062

2024 Strategic Limited English Proficiency Plan

ML24009A062
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Issue date:	01/30/2024
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STRATEGIC LIMITED ENGLISH PROFICIENCY PLAN 2024 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.

Table of Contents 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.......................................................................................................... 7

10.0 ASSESSMENT

OF WHETHER AND HOW TO PROVIDE LIMITED ENGLISH PROFICIENCY SERVICES.............................................................................................. 7 11.0 LANGUAGE ASSISTANCE SERVICES.......................................................................... 9 12.0 AVAILABLE LANGUAGE SERVICES........................................................................... 10 13.0 PROCEDURES FOR REQUESTING LANGUAGE ASSISTANCE 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................................................................................................................. 14 22.0 U.S. DEPARTMENT OF JUSTICE RESOURCE............................................................ 15 23.0 OFFICE OF SMALL BUSINESS AND CIVIL RIGHTS CONTACT INFORMATION...... 15 DEFINITONS.16 APPENDIX ASTRATEGIC LIMITED ENGLISH PROFICIENCY PLAN POINT OF CONTACT/OFFICE WORKSHEET............................................................... A-1

Page 1 of 16 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 Limited English Proficiency (LEP) Plan U.S. Nuclear Regulatory Commission Limited English Proficiency Plan Implementing Executive Order 13166 (2011 LEP Plan).

1.2 The SLEPP, which establishes guidelines for NRC staff and contractors to follow when providing services or engaging with individuals with LEP, 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 individuals with LEP. 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, and recent U.S. Department of Justice (DOJ) guidance.

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 recipients of federal financial assistance (FFA).

2.0 POLICY Recognizing that public involvement in and information about the NRCs programs and activities are cornerstones of the fair regulation of the nuclear industry, the agencys policy is to improve access to its programs and activities for individuals with LEP consistent with EO 13166.

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 individuals with LEP 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 individuals with LEP can meaningfully access the agencys 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 (28 CFR) Part 39, Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Justice, Section 102, Application, defines programs and activities).

Page 2 of 16 services. On November 21, 2022, AG Merrick B. Garland issued a memorandum on updating and improving Federal agency language access responsibilities.2 In 2023, the DOJ assisted Federal agencies in developing and updating Language Access Plans and implementing measures to better ensure compliance with EO 13166.

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 individuals with LEP can meaningfully access and understand information about NRC-conducted programs and activities. In October 2023, the NRC also published NUREG/BR-0344, Revision 2, Know Your Rights: Limited English Proficiency.3 EO 13166 also directs Federal agencies to publish guidance for their FFA recipients on how they can provide access to individuals with LEP. 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 (FR) in 2003 (69 FR 10066).

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

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 Coronavirus Disease 2019 (COVID-19) public health emergency).

Address rapid changes in circumstances.

Prepare for future challenges.

Incorporate flexibilities.

Enable better oversight.

2 AG Garland issued the memorandum Strengthening the Federal Governments Commitment to Language Access on November 21, 2022, to improve access to services for individuals with LEP.

3 NUREG/BR-0344, Revision 2, Know Your Rights: Limited English Proficiency, October 2023 (Agencywide Documents Access and Management System Accession No. ML23297A199).

Page 3 of 16 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 a modern risk-informed regulator.

5.2 The primary objectives of the SLEPP are to identify and clarify the following:

Scope of LEP coverage.

Level of applicability.

Key stakeholder roles.

Accountability of NRC offices.

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 is applicable only within the United States and its territories.

7.2 EO 13166 and the SLEPP are applicable only to the NRCs financially assisted and conducted programs and activities that are located within the United States and its territories.

7.3 EO 13166 instructs agencies to prepare a plan that improves access to its federally conducted programs and activities by eligible persons with LEP.

Additional EOs underscore the need to ensure that persons with LEP have access to federally financially assisted and conducted programs and activities.4 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 individuals with LEP. Since the affected offices are more likely to interact with LEP persons, they should plan for more language assistance measures. However, all agency offices and staff are responsible for providing language assistance services to individuals with LEP. It is anticipated that other offices will have limited responsibility under the SLEPP. The affected offices are:

4 EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, dated January 20, 2021 (86 FR 7009, available at https://www.govinfo.gov/content/pkg/FR-2021-01-25/pdf/2021-01753.pdf), states that persons with LEP could be considered underserved communities. This EO asks agencies to consider potential barriers that underserved communities and individuals may face to enrollment in and access to benefits and services in Federal programs. EO 14031, Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders, dated May 28, 2021 (86 FR 29675, available at https://www.govinfo.gov/content/pkg/FR-2021 03/pdf/2021-11792.pdf), states that linguistic isolation and lack of access to language assistance services continue to lock many AA and NHPI individuals out of opportunity. EO 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, dated February 16, 2023 (88 FR 10825, available at https://www.govinfo.gov/content/pkg/FR-2023-02-22/pdf/2023-03779.pdf),

states the aim to improve language access services to ensure that all communities can engage with agencies respective civil rights offices, including by fully implementing Executive Order 13166.

Page 4 of 16 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)

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 International Programs (OIP)

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)

Office of Congressional Affairs (OCA) 7.4 The SLEPP Points of Contact (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 in figure 1 identifies these areas.

Page 5 of 16

Page 6 of 16 8.0 ROLES AND RESPONSIBILITIES 8.1 The Executive Director for Operations delegated authority to SBCR to administer its civil rights programs, which include aspects of providing guidance and administering the LEP Program, such:5 Coordinating implementation of the SLEPP.

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

Training POCs and other stakeholders.

Ensuring recordkeeping related to the LEP Program/SLEPP.

Monitoring performance.

Providing technical assistance to all offices, individuals with LEP, and affiliated groups.

Ensuring compliance with Federal requirements.

Managing the translation services contract and LEP resources.

8.2 All NRC offices are obligated to reduce language barriers and coordinate with SBCR to provide meaningful access to LEP translation benefits and services, to the extent that LEP services are appropriate. In all situations, SBCR will help identify plausible ways to make NRC services accessible to individuals with LEP.

8.3 OGC provides legal advice on applicable issues and concerns. OGC will interface with the DOJ as needed on legal issues related to the LEP Program and 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 periodic meetings with office POCs to formulate strategies and responses to overcome the barriers experienced in providing meaningful language assistance services. SBCR will host and chair these POC meetings.

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

Advising and providing technical assistance.

Forecasting fiscal year needs for translation and interpretation services.

5 See delegation of authority to and roles and responsibilities of the SBCR director in Management Directive 9.24, Organization and Functions, Office of Small Business and Civil Rights, dated March 12, 2019.

Page 7 of 16 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 services provided to LEP populations and their language needs.

9.0 IMPLEMENTATION The NRC will implement the below five-step plan to ensure an effective SLEPP:

(1) Assess LEP populations and language needs.

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

(3) Conduct public outreach and publish notices of the availability of language assistance.

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

(5) Implement periodic self-assessments and self-monitoring.

10.0 ASSESSMENT

OF WHETHER AND HOW TO PROVIDE LIMITED ENGLISH PROFICIENCY SERVICES6 10.1 The affected NRC offices are required to take reasonable steps to ensure that individuals with LEP have meaningful access to agency benefits, information, services, programs, and activities. The NRC is committed to providing meaningful access to its programs and activities, consistent with and without unduly burdening its fundamental health and safety mission.

10.2 NRC offices in need of translation services should also follow these steps:

Initial Assessment. At the point of first contact, POCs from the affected offices should coordinate with SBCR to make reasonable efforts to conduct or arrange for an initial assessment of the need for language assistance services. Whether a person needs language assistance can be determined in several ways:

Voluntary self-identification by the individual with LEP or their companion.

Affirmative inquiry regarding the primary language of the individual if they have self-identified as needing language services.

Engagement by a qualified multilingual staff or qualified interpreter to verify an individuals primary language.

Use of an I Speak language identification card or poster.

6 NRC is committed to providing individuals with LEP meaningful access to our programs and activities. For example, NRC will consider both the traditional DOJ four-factor analysis applied to recipients of Federal Financial Assistance and other relevant factors, as appropriate/applicable when providing LEP services.

Page 8 of 16 Asking the individual about their region, municipality, village, or specific community to ensure the correct identification of language.

Results from Conducted Needs Assessment(s). The NRCs 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.7 Language Assistance Services. The affected offices should determine what services it will provide to ensure meaningful access. The choice must be the most reasonable and effective method of providing such services.

Notice. Affected offices, to the extent that LEP services will be provided, must provide reasonable notification to eligible individuals with LEP, in a language that they understand, that language services are available. An individual with LEPs 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, affected NRC 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, which is on SBCRs web page under LEP services and noted in footnote seven.

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.

Note: An individuals primary language should not be assumed based on race, color, or national origin.

10.3 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 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 will prepare a press release and handle other media relations. If the staff deems it necessary, the affected office(s) leading the meeting will purchase media advertisements.

10.4 For notices for public meetings for 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 7

OPA, Multicultural Media Outlet MatrixAssessing Population Needs for Limited English Proficiency (LEP) and Native American Tribes (ML091330605), and accompanying memorandum, Multicultural Media Outreach (ML072340397), both dated August 22, 2007.

Page 9 of 16 service coordinator. Federal Register notices for such meetings will contain the language services information in English, but the public meeting notices on the NRC web page should contain the 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.

10.5 To enhance outreach efforts, the staff will do the following:

• Increase its contact with known stakeholders, local governments, community-based organizations, and advocacy groups.

Work with OPA to contact multicultural media outlets as necessary and appropriate.

11.0 LANGUAGE ASSISTANCE SERVICES 11.1 To improve access to NRC programs and activities for individuals with LEP, the agency should provide LEP services, as determined on a case-by-case basis, with language assistance services (e.g., translation, interpretation, direct in-language communication), at no cost to the individuals with LEP.

11.2 With respect to bilingual employees of contract linguists, considerations of competency in light of particular tasks may include the following:8 Demonstrated proficiency in and ability to communicate information accurately in both English and the other language.

Identifying and employing the appropriate mode of interpreting (e.g., consecutive, simultaneous, or sight translation), translating, or communicating fluently in the target language.

Knowledge in both languages of any specialized terms or concepts particular to the affected offices program or activity and of any particularized vocabulary used by the individual(s) with LEP.

Understanding and following confidentiality, impartiality, and ethical rules to the same extent as the NRC staff.

Understanding and adhering to their role as interpreters, translators, or multilingual staff.

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

8 Additional guidance regarding quality control can be found in the U.S. General Services Administrations Foreign Language Services Ordering Guide.

Page 10 of 16 12.0 AVAILABLE LANGUAGE SERVICES 12.1 The NRC is committed to offering individuals with LEP meaningful access to its programs and activities at no cost to the individual with LEP. To fulfill this commitment, the NRC relies on contractors and may consider limited use of qualified bilingual staff members to deliver LEP services.

12.2 The NRC has a contract in place for translation and interpretation services. The contract provides for the 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, multilingual desktop publishing, and translation of foreign documents of interest to the NRC in carrying out its regulatory mission.

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 ASSISTANCE SERVICES 13.1 When a staff member thinks language services might be appropriate, they should coordinate with their office POC to evaluate whether services should be provided and, if so, what type of services are needed. 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 the 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

Page 11 of 16 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.

15.0 PUBLIC COMMISSION MEETINGS9 15.1 Most meetings held by the Commission are open to the public, pursuant to the Government in the Sunshine Act of 1976 (Public Law 94-409) and NRC implementing regulations.10 The Commission holds meetings that are of interest to the public regarding its health and safety mission. The SECY staff organizes all Commission meetings on behalf of the agency.

15.2 As appropriate, SECY will provide language services, such as an oral interpretation at a meeting, as well as or instead of 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 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 9

The NRCs Advisory Committees, the ACRS and the 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.

10 See 5 U.S.C. 552b and 10 CFR 9.100-109.

Page 12 of 16 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 ASLB 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.

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 and language services will be provided as appropriate.

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 the notices 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 WEBSITE 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 will not be translated into other languages. The NRC will post documents it has already translated on its web page.

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

20.0 VITAL DOCUMENTS 20.1 On its web page Commonly Asked Questions and Answers Regarding Executive Order 13166, the 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 benefits or that are required by law. Nonvital 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 nonvital information. Whether or not a document (or the information it solicits) is vital may depend upon the importance of the program, information, encounter, or service involved, and the

Page 13 of 16 consequence to the individual with LEP 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. 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, offices should provide an English language summary that will be translated into other languages.

20.3 Two types of vital documents are relevant for the NRCs work: (1) those that are meant for the general public or a broad audience and (2) those that are specific communications regarding a case or matter between an individual and the NRC.

For example, vital documents intended for the general public, or a broad audience may include, but are not limited to, the following:

Public outreach or educational materials.

Claim or application forms, including their instructions.

Forms or written material related to individual rights.

Notices of outreach or community meetings or trainings.

Press releases announcing activities or matters that affect communities with LEP.

Notices regarding the availability of language assistance services provided by the component at no cost to individuals with LEP, where applicable in light of the components mission and operations.

20.4 Vital documents specific to a case or matter between an individual and the component may include, but are not limited to, the following:

Administrative complaints, release, or waiver forms.

Letters of findings.

Letters or notices pertaining to statutes of limitations; referrals to other Federal agencies; decisions to decline to investigate a case or matter; or closure of an investigation, case, or matter.

Written notices of rights; denial, loss, or decreases in benefits or services; parole; and other hearings.

Notices of case-related community outreach.

Page 14 of 16 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 (7590-01-P, dated February 20, 2004).

21.2 Title VI requires that all recipients of FFA from the NRC provide meaningful access to individuals with LEP. 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.11 Part A 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 must participate in post-award compliance reviews for the duration of their FFA to meet regulatory requirements.

21.3 SBCR is currently working with other NRC offices to improve efforts related to Title VI application and compliance by recipients of NRC FFA. These efforts are 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). SBCRs aim is 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.12 21.4 SBCR will work closely with other agency offices to conduct oversight, coordination, monitoring, technical assistance, and training and to provide educational materials to help NRC FFA recipients in their efforts to comply with Federal and NRC regulations and directives. This support includes the following:

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.

11 NRC Form 781, approved by Office of Management and Budget (3150-0053, 3150-0209), expires February 29, 2024.

12 69 FR 10066 (March 3, 2004).

Page 15 of 16 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 U.S. DEPARTMENT OF JUSTICE RESOURCE The DOJ has provided instructional guidance and resources to assist Federal agencies to develop and update Language Access Plans and implement measures to ensure compliance with EO 13166. The DOJs video on Overcoming Language Barriers: Creating Language Access Policies, Plans and Procedures provides a better understanding of Federal agencies LEP obligations.

23.0 OFFICE OF SMALL BUSINESS AND CIVIL RIGHTS CONTACT INFORMATION Vonna Ordaz, SBCR Director Jaclyn Storch, SBCR Deputy Director Vonna.Ordaz@nrc.gov Jaclyn.Storch@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.Smith2@nrc.gov 301-415-0192

• Affirmative Employment and Diversity Management

Page 16 of 16 Definitions:

Direct In-Language Communication: Monolingual communication in a language other than English between a multilingual staff person and a person with LEP (e.g., Korean to Korean).

Interpretation: The act of listening, understanding, analyzing, and processing a spoken communication in one language (source language) and then faithfully orally rendering it into another spoken language (target language) while retaining the same meaning.

Limited English Proficiency (LEP): Describes individuals who do not speak English as their primary language and have a limited ability to read, write, speak, or understand English.

Individuals with LEP may be competent in English for certain types of communication (e.g., speaking or understanding), but have limited proficiency in English in other areas (e.g., reading or writing). LEP designations are also context specific; an individual may possess sufficient English language skills to function in one setting (e.g., conversing in English with coworkers), but these skills may be insufficient in other settings (e.g., addressing court proceedings). An individual who is deaf or hard of hearing may also have limited proficiency in spoken or written English and may not be proficient in American Sign Language or any other recognized sign language.

Language Assistance Services: Oral and written language services used to provide individuals with LEP meaningful access to, and an equal opportunity to participate fully in, the services, activities, and other programs administered by the NRC.

Meaningful Access: Language assistance that results in accurate, timely, and effective communication at no cost to the individual with LEP needing assistance. Meaningful access denotes access that is not significantly restricted, delayed, or inferior as compared to programs or activities provided to English-proficient individuals.

Primary Language: The language in which an individual most effectively communicates when interacting with the NRC. An individuals primary language may be a language variant.

Sight Translation: Oral or signed rendering of written text into spoken or signed language by an interpreter without change in meaning based on a visual review of the original text or document.

Translation: The process of converting written text from a source language into an equivalent written text in a target language as fully and accurately as possible while maintaining the style, tone, and intent of the text while considering differences of culture and dialect.

Vital Document: Paper or electronic written material that contains information that is critical for accessing a components programs or activities or is required by law.

A-1 APPENDIX ASTRATEGIC LIMITED ENGLISH PROFICIENCY PLAN POINT OF CONTACT/OFFICE WORKSHEET Table A-1 Most Prominent Non-English Languages Spoken by the Low English Proficiency (LEP) Population: U.S. Nuclear Regulatory CommissionHeadquarters

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. XXXX Census 1 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 1

Source: U.S. Census Bureau, American Community Survey, ACSST1Y2021.S0501-2023-03-27T133055.XLSX, Language Spoken at Home and Ability to Speak English for the Population 5 Years and Over.

A-2 Table A-2 Most Prominent Non-English Languages Spoken by the LEP Population:

U.S. Nuclear Regulatory CommissionRegion I Population Statistics

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. 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

A-3 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

A-4 Table A-3 Most Prominent Non-English Languages Spoken by LEP Population:

U.S. Nuclear Regulatory CommissionRegion II Population Statistics

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. 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

A-5

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. XXXX Census 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

A-6 Table 4 Most Prominent Non-English Languages Spoken by LEP Population:

U.S. Nuclear Regulatory CommissionRegion III Population Statistics

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. 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

A-7

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by U.S. XXXX Census 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

A-8 Table 5 Most Prominent Non-English Languages Spoken by LEP Population:

U.S. Nuclear Regulatory CommissionRegion IV Population Statistics

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very 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

A-9

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by US XXXX Census Asian and Pacific Islander Languages Other Languages 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

A-10

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by US XXXX Census Asian and Pacific Islander Languages Other Languages New Mexico Spanish Other Indo-European Languages Asian and Pacific Islander Languages Other Languages North Dakota 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

A-11

1. of Estimated Population

% of Estimated Population Who Speak English Only

% of Estimated Population Who Speak Languages Other Than English at Home

1. of Estimated LEP Population Who Speak English Less Than Very Well

% of Estimated LEP Population Who Speak English Less Than Very Well Populations Tracked by US XXXX Census 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 Other Indo-European Languages Asian and Pacific Islander Languages Other Languages