ML26034A004
| ML26034A004 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/2026 |
| From: | Ho Nieh NRC/Chairman |
| To: | Babin B, Mccormick R US HR (House of Representatives) |
| References | |
| CORR-25-0106, LTR-25-0352 | |
| Download: ML26034A004 (0) | |
Text
U.S. Nuclear Regulatory Commission Responses to December 9, 2025, Letter from Representative Babin, et al.
1.
What substantive civil rights enforcement activities has OCR completed since January 20, 2025?
Response: The NRC completed the following substantive civil rights enforcement activities since January 20, 2025 -
The NRC conducted outreach to NRG grant recipients. Separate correspondence was sent reflecting:
o The Department of Justice's (DOJ) April 23, 2025, notice to immediately suspend performance *orany tasks or efforts *un'der NRC grant related' activitfes, in e<;>mpliance with' Executive Order (EO) 14151, "Ending Radical and Wasteful Government DEi Programs and Preferencing,'
1 (e.g., Diversity, Equity, and Inclusion (DEi), and Environmental Justice (EJ)/
o A request for recipients to provide a response to the NRC, by May 16, 2025, that
- confirms whether or not the award includes-DEi or EJ activities. If the award includes
'either DEi or EJ activities, quote the language to be excised from the grant instrument in order to ensure compliance with EO 14151.
o DOJ's July 30, 2025, memorandum requiring agencies to advise grantees of the anti discrimination directives.
o The Office of Management and Budget's (0MB) September 12, 2025, memorandum reiterating DOJ's anti-discrimination directives, along with hyperlinks.
o An additional reminder of DOJ's April 23, 2025, and July 30, 2025, notifications and OMB's September 12, 2025, memorandum, and the final nondiscrimination clause language to be incorporated via formal modifications to all NRC grant awards by December 12, 2025.
The NRC is currently engaged in rulemaking processes across the agency, which include NRC's civil rights regulations at 10 CFR 4 and 10 CFR 5. The updated regulations will promote consistency and alignment with government-wide standards.
The NRC added language to its 2025 research and development Notification of Funding Opportunity (NOFO) to comply with provisions in the "Creating Helpful Incentives to Produce Semiconductors" (CHIPS) and Science Act of 2022 (CHIPS and Science Act).
The NRC virtually displays "Information on Civil Rights Compliance Requirements Imposed as a Condition of Award of NRC Federal Financial Assistance" for greater accessibility.
The NRC has continuously maintained OMS-approved data collections since the early 2000s, enabling the agency to initiate and conduct external pre-and post-award compliance reviews and to investigate discrimination complaints in accordance with NRC regulations and federal civil rights statutes. The NRC's SF Form 781, "SBCR Compliance Review," is used to satisfy requirements under 10 CFR 4.32, Compliance Reports, and 10 CFR 4.41, Periodic Compliance Reviews. The NRC's Form 782, "Complaint Form" is submitted by any person who believes that they, or a specific class of individuals, have been subjected to discrimination prohibited by 10 CFR Part 4, and satisfies the reporting requirements under Enclosure
\.
10 CFR 4.42, Complaints. Both the SF 781 and SF 782 were updated on March 27, 2025, to reflect requirements from EO 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The NRC is currently engaged in updating both forms to incorporate provisions under the CHIPS and Science Act and the Office of Science and Technology Policy's January 20, 2025, "Guidelines for Federal Research Agencies to Reduce Sex-Based and Sexual Harassment Involving Award Personnel." The forms are posted on NRC's internal and public websites.
OCR is currently coordinating efforts with NRC grant recipients to ensure they submit the required annual Equal Opportunity compliance reports by December 31, 2025.
1 a. Please provide specific enforcement activities related to grants complying with Justice40 Initiative.
Response: The NRC determined that regulatory actlvities, conducted under its independent regulatory mission*, are outside the scope of section 211.of. EO '14008, "EUecutive Order on
- Tackling the Climate Crisis at Home and Abroad," which established the Jusice40 Initiative.
1 b. If few or n<;me, what factors are preventing OCR from i(Jitiating or completing $tatutorily mandated invf!stigations?
Response: There are no factors preventing OCR from conducting or completing investigations.
Question 2. Has OCR conducted reviews of programs enacted urider the previous administration for compliance with the Civil Rights Act?
Response: Yes, OCR has conducted reviews of programs enacted under the previous administration for compliance with the Civil Rights Act.
Question 3. Has OCR conducted reviews of programs enacted under the previous administration for compliance with Executive Order 14151, "Ending Radical and Wasteful Government DEi Programs and Preferencing"?
Response: Yes, OCR has conducted reviews of programs enacted under the previous administration for compliance with Executive Order 14151. The NRC dissolved its DEi program, training, special emphasis committees, and contracts. As OCR conducts post-monitoring activities, staff will check grant recipient's compliance with relevant executive orders.
Question 4. Has OCR conducted reviews of programs enacted under the previous administration for compliance with Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity"?
Response: Yes.
Question 5. Has any OCR staff member faced adverse personnel actions after raising concerns about the need to conduct relevant investigations?
Response: No, Agency leadership has not discouraged OCR staff from pursuing investigations into civil rights violations involving federal grant programs.
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Question 6. Does your OCR require special approval from agency leadership to initiate or conduct statutorily mandated investigations or compliance reviews?
Response: No.
Question 7. What oversight and accountability mechanisms are currently in place to ensure OCR leadership fulfills its statutory obligations?
Response: The NRC's External Complaint Processing and Investigation Procedures Manual (NUREG-2185), currently under revision, is an internal control mechanism designed to promote uniform complaint processing and investigation procedures. The NRC's Compliance Review Guide: Procedural Processes for Conducting Pre-award Compliance Reviews and Post-award Compliance Reviews (NUREG-2186) is also an internal control mechanism that provides procedures.for conducting pre-and post-award compliance reviews. These two manuals prK:>Vide the public and ot.her interested stakeho_lders with information pn NRC's external civi!
rights processes, which are consistent with OCR's statutory obligations. Similarly,* OCR is in the process of revising its Management Directives, which also seLe as internal controls:
la. How are these mechanisms monitored-for effectiveness?
Response: OCR routinely reviews these mechanisms and monitors effectiveness by conducting periodic assessments, reviewing feedback, identifying opportunities for continuous improvement, and implementing corrective actions as appropriate. For example, NUREG-2185 and,-2186 are currently being revised in accordar.ice with recent White House direction, oversight agencies' directives, and NRC/OCR administrative changes.
Question 8. What oversight and accountability mechanisms are currently in place to ensure OCR leadership fulfills its statutory obligations?
Response: The OCR leadership reports directly to the NRC's Executive Director for Operations (EDO) and is responsible and accountable for periodically advising the EDO on all matters pertaining to civil rights oversight and operations.
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