ML18073A098

Management Directive 3.12, Handling and Disposition of Foreign Documents and Translations.

ML18073A098
Person / Time
Issue date:	04/13/2017
From:	Office of Administration
To:
References
DT-17-109 MD 3.12
Download: ML18073A098 (19)

Text

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

MD 3.12 HANDLING AND DISPOSITION OF DT-17-109 FOREIGN DOCUMENTS AND TRANSLATIONS Volume 3, Information Management Part 1: Publications, Mail, and Information Disclosure Approved By: Cynthia A. Carpenter, Director Office of Administration Date Approved: April 13, 2017 Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog.

Issuing Office: Office of Administration Rules, Announcements, and Directives Branch Contact Name: Helen Chang Carrie McCann 301-415-3228 301-415-0880 EXECUTIVE

SUMMARY

Management Directive (MD) 3.12, Handling and Disposition of Foreign Documents and Translations, is revised to reflect that the Office of International Programs provides for the secure translation of Safeguards Information (SGI), to incorporate the guidance of new MD 10.164, NRC Outreach and Compliance Coordination Program, and to include organizational name changes.

TABLE OF CONTENTS I. POLICY..............................................................................................................................2 II. OBJECTIVES ....................................................................................................................2 III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY ........... 2 A. Office of the General Counsel (OGC) ...........................................................................2 B. Director, Office of International Programs (OIP)............................................................3 C. Director, Office of Administration (ADM) .......................................................................3 D. Director, Office of Small Business and Civil Rights (SBCR) ..........................................3 E. Office Directors and Regional Administrators ...............................................................4 For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS F. Director, Division of Administrative Services (DAS), ADM ............................................4 G. Director, Acquisition Management Division (AMD), ADM ..............................................5 H. Director, Division of Facilities and Security (DFS), ADM ...............................................5 I. Director, Division of the Controller, Office of the Chief Financial Officer ........................5 IV. APPLICABILITY ................................................................................................................5 V. DIRECTIVE HANDBOOK ..................................................................................................5 VI. REFERENCES ...................................................................................................................5 I. POLICY It is the policy of the U.S. Nuclear Regulatory Commission to obtain, translate, hold, and distribute foreign documents of interest to the NRC in carrying out its regulatory mission.

The NRC supports the translation of outreach material consistent with the Limited English Proficiency (LEP) Program established by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and the protections against national origin discrimination in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d).

II. OBJECTIVES Assign responsibilities and establish procedures for handling unclassified, sensitive unclassified, Safeguards Information (SGI), and classified foreign documents and their translations, including interpretations.

Ensure that NRC employees and contractors do not release information in documents received from foreign governments, foreign organizations, or international organizations that would compromise national security, patent rights, copyrights, and other intellectual property rights, or requests for confidentiality by foreign governments, foreign organizations, or international organizations.

Provide meaningful access to NRC programs and activities by persons with LEP.

III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY A. Office of the General Counsel (OGC)

Provides legal review and advice, as needed, on questions regarding inventions, patents, copyrights, and other intellectual property rights that may be affected in obtaining, translating, holding, and distributing foreign documents.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS B. Director, Office of International Programs (OIP)

1. Establishes policy and approves procedures for handling and disseminating unclassified foreign documents and translations.

2. Provides for the secure translation of Safeguards Information (SGI) and classified information, including National Security Information (NSI) and Restricted Data (RD).

3. Advises NRC employees and contractors, in consultation with OGC, the Acquisition Management Division (AMD) in the Office of Administration (ADM), and the Office of the Chief Information Officer (OCIO), on matters of internal and external distribution limitations, copyrights, patent rights, other intellectual property rights, and policy ramifications of distributing foreign documents that the NRC receives.

4. Advises other NRC office directors and regional administrators of the establishment or revision of distribution lists for standard foreign documents and translations.

5. Stays aware of all international and foreign national agreements with specific reference to limitations on the distribution of documents received through these agreements.

6. Consults with the Division of Facilities and Security (DFS) in ADM regarding the protection and distribution of official use only, proprietary, SGI, and classified foreign documents and translations.

7. Develops and maintains the vehicles for providing secure or overseas interpretation services in conjunction with other NRC offices.

8. Performs the functions outlined in Sections III.B.1 through III.B.5 in coordination with the Office of Nuclear Regulatory Research (RES) if research agreements are involved.

C. Director, Office of Administration (ADM)

1. Develops and maintains policies for providing translation services for the NRC in conjunction with other NRC offices.

2. Develops and maintains the vehicles for providing translation services of technical reports for the NRC in conjunction with other NRC offices.

D. Director, Office of Small Business and Civil Rights (SBCR)

1. Establishes policy and approves procedures for the Outreach and Compliance Coordination Program (OCCP) and LEP Program for public outreach (domestic translation or oral interpretation requests).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS

2. Develops and maintains vehicles for providing translation services for public outreach documents (i.e., LEP) for the NRC in conjunction with other NRC offices.

3. Ensures that information on NRC-conducted programs and activities can be meaningfully accessed and understood by persons with LEP.

4. Assigns a primary project manager for OCCP in SBCR who is responsible for coordinating and monitoring domestic translation or oral interpretation requests.

E. Office Directors and Regional Administrators

1. Assign a technical advisor to review translation requests to determine their applicability to program requirements, take into consideration the high cost of translation services, and reject requests for translation of material unrelated to the NRC mission.

2. Establish an office contact and procedures within each office, preferably at the level of office director, to prepare and sign either NRC Form 430, Request for Translation of Unclassified Document, or NRC Form 832, Limited English Proficiency Program Request for Domestic Translation Services, and to record requests to prevent duplication.

3. Consult with OIP to develop standard and special distribution lists of foreign documents and translations and any needed special markings (e.g., proprietary and limited distribution items).

4. Capture and store any foreign or translated documents for easy identification, retrieval, and use agencywide, according to information handling requirements.

5. Consult with SBCR regarding any domestic translation or interpretation requests for the LEP Program.

F. Director, Division of Administrative Services (DAS), ADM

1. Establishes procedures to provide translation services for the NRC.

2. Budgets funds for translation services.

3. Authorizes payment for translation services through authority delegated by the Executive Director for Operations (EDO).

4. Evaluates translation activities to determine whether provisions for translation services are adequate and makes any needed changes.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS G. Director, Acquisition Management Division (AMD), ADM

1. Obtains translation and interpretation services in accordance with the Federal Acquisition Regulation (48 CFR Chapter 1).

2. Participates in negotiations, on behalf of SBCR and DAS, ADM, with contract translators to resolve problems as translation and interpretation work progresses.

3. Consults with DFS, ADM, and OGC regarding the protection and distribution of official use only, proprietary, and classified foreign documents and translations when these materials are in the possession of or controlled by an NRC translations or interpretation contractor.

H. Director, Division of Facilities and Security (DFS), ADM Establishes procedures for receiving, storing, transmitting, and distributing proprietary, sensitive unclassified, SGI, and classified foreign documents and translations and ensures that the procedures are implemented and followed.

I. Director, Division of the Controller, Office of the Chief Financial Officer Makes payment for translation or interpretation services upon receipt of properly prepared and signed documents that meet the policy and procedures regarding certified vouchers contained in Management Directive (MD) 4.1, Accounting Policy and Practices, and MD 11.1, NRC Acquisition of Supplies and Services.

IV. APPLICABILITY The policy and guidance in MD 3.12 apply to all NRC employees and contractors.

V. DIRECTIVE HANDBOOK Handbook 3.12 contains guidelines for handling foreign documents and translations, procedures for obtaining translation or interpretation services, and information on the availability of translations.

VI. REFERENCES Code of Federal Regulations 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.

10 CFR Part 2, Agency Rules of Practice and Procedure.

10 CFR Part 9, Public Records.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS 48 CFR Chapter 1, Federal Acquisition Regulation.

48 CFR 52.246-4, Inspection of Services.

Nuclear Regulatory Commission Documents ADM Translation Services Web Site:

http://www.internal.nrc.gov/ADM/translation/translation.html.

Management Directive 3.6, Distribution of Unclassified NRC Staff- and Contractor-Generated Reports.

3.7, NUREG-Series Publications.

4.1, Accounting Policy and Practices.

10.164, NRC Outreach and Compliance Coordination Program.

11.1, NRC Acquisition of Supplies and Services.

12.1, NRC Facility Security Program.

12.2, NRC Classified Information Security Program.

12.5, NRC Cybersecurity Program.

12.6, NRC Sensitive Unclassified Information Security Program.

12.7, NRC Safeguards Information Security Program.

NRC Forms Library in SharePoint: http://fusion.nrc.gov/nrcformsportal/default.aspx.

NUREGs NUREG/BR-0344, Know Your Rights: Limited English Proficiency (LEP),

December 2008.

NUREG/BR-0345, Affirming LEP Access & Compliance in Federal and Federally Assisted Programs, December 2008.

Office of International Programs SharePoint Site:

http://fusion.nrc.gov/ocm/team/ip/default.aspx.

SBCR Office Procedures, Procedures for Processing Requests for Domestic Translation Services, February 22, 2010, available at http://www.internal.nrc.gov/communications/LEPPolicyProceduresNRCOffices.pdf.

SBCR Outreach and Compliance Coordination Program Web Site:

http://www.internal.nrc.gov/SBCR/outreach.html.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

MD 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS SECY-07-0065, Outreach and Compliance Coordination Program, April 4, 2007.

SUNSI Web site:

http://www.internal.nrc.gov/sunsi.

Yellow Announcement YA-05-0077, Policy Revision: NRC Policy and Procedures for Handling, Marking, and Protecting Sensitive Unclassified Non-Safeguards Information (SUNSI), October 26, 2005 (ADAMS Accession Number ML051220278).

Other Documents Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, August 11, 2000.

U.S. Department of Justice Guidance for Implementing Executive Order 13166, Commonly Asked Questions and Answers Regarding Executive Order 13166, at http://www.justice.gov/crt/about/cor/Pubs/lepqa.php.

United States Code 17 U.S.C. 101, Definitions and 106, Exclusive Rights in Copyrighted Works.

Freedom of Information Act, as amended (5 U.S.C. 552).

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

U.S. NUCLEAR REGULATORY COMMISSION DIRECTIVE HANDBOOK (DH)

DH 3.12 HANDLING AND DISPOSITION OF DT-17-109 FOREIGN DOCUMENTS AND TRANSLATIONS Volume 3, Information Management Part 1: Publications, Mail, and Information Disclosure Approved By: Cynthia A. Carpenter, Director Office of Administration Date Approved: April 13, 2017 Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog.

Issuing Office: Office of Administration Rules, Announcements, and Directives Branch Contact Name: Helen Chang Carrie McCann 301-415-3228 301-415-0880 EXECUTIVE

SUMMARY

Management Directive (MD) 3.12, Handling and Disposition of Foreign Documents and Translations, is being revised to reflect that the Office of International Programs provides for the secure translation of Safeguards Information (SGI), to incorporate the guidance of new MD 10.164, NRC Outreach and Compliance Coordination Program, and to include organizational name changes.

TABLE OF CONTENTS I. GUIDELINES FOR HANDLING FOREIGN DOCUMENTS AND TRANSLATIONS ..............................................................2 A. Documents Obtained as Part of an Official Agreement .................................................2 B. Documents Received From Unofficial Sources in Agreement Countries or From Individuals in Nonagreement Countries.........................4 II. AVAILABLE INTERPRETATION AND TRANSLATION SERVICES .................................5 A. Interpretation Services for International Sites ...............................................................5 B. Interpretation and Translation Services for Outreach Material ......................................5 C. Translation Services for Technical Reports...................................................................5 For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS III. INTERPRETATION SERVICES FOR INTERNATIONAL SITES........................................5 A. General ........................................................................................................................5 B. Available Services ........................................................................................................5 C. Interpretation Requests ................................................................................................6 IV. INTERPRETATION AND TRANSLATION SERVICES FOR OUTREACH MATERIAL (LIMITED ENGLISH PROFICIENCY (LEP) PROGRAM) ........... 6 A. General ........................................................................................................................6 B. Standard Request for Interpretation or Translation of Outreach Material ......................7 C. Special Handling for Interpretation or Translation of Outreach Material ........................7 V. TRANSLATION SERVICES FOR TECHNICAL REPORTS ...............................................7 A. General ........................................................................................................................7 B. Standard Request for Translation of Technical Report..................................................7 C. Special Procedures for Translation of Documents Requiring Special Handling .......................................................................................................................8 D. Requester's Review of Document Translations for Acceptability ...................................9 VI. GLOSSARY .....................................................................................................................10 EXHIBIT Exhibit 1 Matrix of Available NRC Interpretation and Translation Services ....................... 12 I. GUIDELINES FOR HANDLING FOREIGN DOCUMENTS AND TRANSLATIONS A. Documents Obtained as Part of an Official Agreement

1. To protect information obtained from agreement nations, the U.S. Nuclear Regulatory Commission must exercise control over the translation and distribution of documents received as a result of official agreements. U.S. Government documents are not protected by copyright laws and usually only classified and proprietary documents are exempt from mandatory public disclosure in accordance with the Freedom of Information Act and Commission regulations at Title 10 of the Code of Federal Regulations (CFR) Parts 2 and 9.

2. The Office of International Programs (OIP) offers the following guidelines to NRC employees and contractors for safeguarding foreign documents obtained by international and foreign national agreements and their subsequent translations:

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS (a) Translations of foreign documents received by international and foreign national agreements are not NRC-generated documents but are derivative works created from foreign documents by foreign authors. These documents are still the property of the foreign author or the sponsoring government or organization. See 17 U.S.C. 101 and 106.

(b) NRC headquarters and regional offices that obtain a foreign document must examine the foreign document for any instructions or markings indicating restricted distribution. Foreign documents are not routinely distributed outside NRC, other than to NRC contractors with a need to know.

(c) NRC employees who request translations of restricted documents through the Rules, Announcements, and Directives Branch (RADB), Division of Administrative Services (DAS), Office of Administration (ADM), should advise RADB of any restrictions on the distribution of the document.

(d) NRC offices must consult with OIP and, if research agreements are involved, with the Office of Nuclear Regulatory Research (RES) before authorizing distribution of a foreign document or its translation outside the NRC.

Management Directive (MD) 3.13, Reproduction and Distribution, provides guidance regarding the internal dissemination of documents. MD 3.7, NUREG-Series Publications, provides guidance regarding the agencys formal publication series, the NUREG series.

(e) If the NRC decides that a foreign document or its translation should be handled as unclassified (including official use only, proprietary, etc.), sensitive unclassified, SGI, or classified, NRC employees and contractors must handle the document following the procedures contained in the following guidance:

(i) MD 12.1, NRC Facility Security Program; (ii) MD 12.2, NRC Classified Information Security Program; (iii) MD 12.5, NRC Cybersecurity Program; (iv) MD 12.6, NRC Sensitive Unclassified Information Security Program; (v) NRC Yellow Announcement YA-05-0077, Policy Revision: NRC Policy and Procedures for Handling, Marking, and Protecting Sensitive Unclassified Non-Safeguards Information (SUNSI), October 26, 2005 (ADAMS Accession No. ML051220278); and (vi) MD 12.7, NRC Safeguards Information Security Program.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS B. Documents Received From Unofficial Sources in Agreement Countries or From Individuals in Nonagreement Countries

1. When the NRC receives foreign documents and translations from unofficial sources in agreement countries or from individuals in nonagreement countries, the following procedures apply:

(a) If an NRC employee receives a foreign document or a translation of a foreign language document as part of an official visit to a foreign country, or receives a document of this type from a foreigner visiting this country, the employee should consider the document as provided to him or her as part of the official visit, unless otherwise indicated.

(b) If the employee has any doubt as to whether or not the document or translation is covered by an NRC international, foreign national, or research agreement, he or she should consult OIP or RES.

(c) If the unofficial source attempts to impose restrictive distribution terms on the document, the employee should seek legal guidance from the Office of the General Counsel (OGC).

2. If the document to be transmitted contains or is believed to contain proprietary information, follow the information security guidance on the Sensitive Unclassified Non-Safeguards Information (SUNSI) Web site at http://www.internal.nrc.gov/sunsi, before sending the document to RADB. For example, mark the document with the required header and footer markings that indicate the type of SUNSI (i.e., Official Use Only - Proprietary Information or Official Use Only - Sensitive Internal Information).

Note that the NRC has discontinued use of coversheets (e.g., the yellow Proprietary Information cover sheet and the green "Official Use Only" cover sheet), as announced in Yellow Announcement No. 05-0077.

3. If the document to be transmitted contains or is believed to contain Safeguards Information (SGI) and Safeguards Information - Modified Handling (SGI-M), follow the information security guidance on Classified and Safeguards Handling at http://drupal.nrc.gov/nrc/security-topics and in MD 12.7. For example, attach the SGI cover sheet, NRC Form 461 (10-2009) and NRC Form 461A (10-2009). Both SGI and SGI-M are protected in the same manner.

4. If the document to be transmitted contains or is believed to contain classified information, follow the information security guidance on Classified and Safeguards Handling at http://drupal.nrc.gov/nrc/security-topics and in MD 12.2. For example, attach Standard Form 703, Top Secret Cover Sheet; Standard Form 704, Secret Cover Sheet; or Standard Form 705, Confidential Cover Sheet, as appropriate.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS II. AVAILABLE INTERPRETATION AND TRANSLATION SERVICES A specific interpretation or translation request may be served through one or a combination of the following NRC services or programs. Exhibit 1, Matrix of Available NRC Interpretation and Translation Services, summarizes the available services and the highest level of information and document handling for each service or program. Exhibit 1 also notes the funding obligations of each available service.

A. Interpretation Services for International Sites The International Operations Branch (IOB), OIP, provides live interpretation and document translation services for overseas inspections, agreements, arrangements, and other agency functions that may potentially require information handling procedures (see Section I of this handbook for guidelines).

B. Interpretation and Translation Services for Outreach Material The Office of Small Business and Civil Rights (SBCR) provides interpretation and translation services for outreach materials (i.e., Limited English Proficiency (LEP)

Program) through the Outreach and Compliance Coordination Program (OCCP).

Outreach materials include key documents related to a meeting, including the public meeting notice, agenda, presentation, vital documents, and the public feedback form.

See MD 10.164, NRC Outreach and Compliance Coordination Program.

C. Translation Services for Technical Reports RADB, DAS, ADM, provides translation services for technical reports.

III. INTERPRETATION SERVICES FOR INTERNATIONAL SITES A. General The U.S. Department of State (DOS) provides NRC verifications of textual authenticity when international agreements are conducted in English and the language of the partner nation. The DOS Office of Language Services charges for translation services for international cooperation agreements. About one-third of the NRC's 42 international agreement partners are required by their national laws to conduct agreements in both languages. Although not all agreements are required in both languages, OIP retains a copy in English in its Agreement Division.

B. Available Services

1. OIP provides assistance and recommendations on international issues and assists offices on obtaining cleared, real-time interpretation services as needed (e.g., overseas inspections). Interpreters are usually hired by the day, except for For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS advanced meetings for which interpreters are hired by the hour. OIP will obtain the best quote and hire locally through the embassy. OIP will provide details depending on country and locale.

2. Requestors should contact OIP for lead time information and consult the Procurement Administrative Lead Time (PALT) for procurement response timelines.

The PALT ranges are for planning purposes and begin with receipt of the procurement request in the Acquisition Management Division of ADM. Actual lead times will depend on the complexity, extent of market research required, and particular circumstances of the procurement.

C. Interpretation Requests

1. To request real-time interpretation, contact the International Programs Manager, IOB, OIP. Contact information is available through the OIP SharePoint site at http://fusion.nrc.gov/ocm/team/ip/default.aspx.

2. When OIP receives the interpretation request, OIP will contact the DOS Office of Nuclear Energy, Safety and Security, and inform the NRC program office of any funding obligations.

IV. INTERPRETATION AND TRANSLATION SERVICES FOR OUTREACH MATERIAL (LIMITED ENGLISH PROFICIENCY (LEP) PROGRAM)

A. General

1. The SBCR OCCP oversees the agency's LEP Program. SBCR established an LEP plan to assist NRC offices in meeting LEP requirements. More information is available on the SBCR OCCP Web site at http://www.internal.nrc.gov/SBCR/outreach.html. Contact OCCPrograms.Resources@nrc.gov for more information.

2. The NRC is dedicated to improving access to agency programs and activities by persons with LEP by ensuring that persons with LEP can meaningfully access and understand information about NRC-conducted programs and activities, including public meetings. See (a) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, August 11, 2000.

(b) NUREG/BR-0344, Know Your Rights: Limited English Proficiency (LEP).

(c) NUREG/BR-0345, Affirming LEP Access & Compliance in Federal and Federally Assisted Programs.

(d) SECY-07-0065, Outreach and Compliance Coordination Program.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS B. Standard Request for Interpretation or Translation of Outreach Material

1. Request domestic translation or interpretation services through SBCR. Oral interpretation and translation services are available, including translation of key documents related to a meeting, a public meeting notice, agenda, presentation, vital documents, and the public feedback form.

2. See SBCR Procedures for Processing Requests for Domestic Translation Services, on the OCCP Web site at http://www.internal.nrc.gov/SBCR/outreach.html.

3. Submit NRC Form 832, Limited English Proficiency Program Request for Domestic Translation Services, in the NRC Forms Library, available at http://fusion.nrc.gov/nrcformsportal/default.aspx, to the SCBR OCCP coordinator.

C. Special Handling for Interpretation or Translation of Outreach Material When a request requires special handling (e.g., documents needing priority treatment),

employees should make arrangements before submitting the request to SBCR. In general, interpreting or translating outreach material should never require special information handling procedures because the intended audience is the public.

V. TRANSLATION SERVICES FOR TECHNICAL REPORTS A. General

1. ADM manages a contract that provides centralized document translation services to the agency. Non-sensitive documents may be submitted for translation from a foreign language into English or vice versa. (See MD 3.7.)

2. Contact information and additional guidance are available on the ADM Translation Services Web site at http://www.internal.nrc.gov/ADM/translation/translation.html.

Contact Translation.Program@nrc.gov for more information.

B. Standard Request for Translation of Technical Report

1. Timeline for Routine Handling Routine handling for most unclassified translations requires from 15 to 90 calendar days from the time the document is submitted to RADB, DAS, ADM, for translation until the completed translation is returned to the requester, depending on the volume of material to be translated and the language of the foreign document. Standard procedures for requesting, preparing, reviewing, and distributing translations for the NRC are given in Section V.B.2 of this handbook.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS

2. Request for Translation of Unclassified Technical Report (a) To request the translation of a foreign technical report into English or an English document into a foreign language, complete NRC Form 430, Request for Translation of Unclassified Document, and submit this form to RADB. Include the original document, or a clean, legible copy if the original is not available, to be translated and an extra clean, complete one-sided copy of the original document in the package. Files may be sent by e-mail if appropriate. Depending on the length of the document, allow 15 to 90 calendar days for routine handling.

(b) When RADB receives the translated document, RADB will send a copy of the translation to the requester with a partially completed NRC Form 431, Evaluation of Unclassified Translation.

(c) The requester must follow the instructions in Section II.D of this handbook.

NRC Form 431 is used to indicate that the translation is acceptable and the contractor can be paid, or that the translation is unacceptable and must be corrected.

(d) Employees should contact the RADB staff to discuss economical options for translations.

C. Special Procedures for Translation of Documents Requiring Special Handling

1. When a document requires special handling (e.g., classified documents or documents needing priority treatment), employees should make arrangements before submitting the document to OIP for translation. Provide written justification for special handling.

2. Classified translations and translations with SGI are handled in much the same way as unclassified translations. However, the following procedures must be followed to ensure that the document is safeguarded during the translation process:

(a) The requester completes NRC Form 430 and submits the form to RADB.

(b) The requester advises RADB and OIP that a classified or SGI document is being submitted. RADB will make special arrangements to handle a classified or SGI document if overnight storage is required. In addition, the requester arranges for delivery of (i) A classified document under procedures specified in MD 12.2, NRC Classified Information Security Program, or (ii) An SGI document under procedures specified in MD 12.7, NRC Safeguards Information Security Program.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 8

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS (c) The foreign document will be given only to NRC employees or contractors with the appropriate security clearance and facilities approved by the Division of Facilities and Security (DFS), ADM, for storing and handling the highest classification of the documents involved.

(d) If the document is to be forwarded outside the NRC or to NRC contractor facilities for translation, RADB will check with DFS to ensure that the recipient has appropriate facility approval to use, process, store, reproduce, transmit, and handle the classified matter involved.

(e) When the translator has completed the assignment, he or she will return the translation, the original document, and all notes to RADB. This material should be transmitted in accordance with the provisions of MD 12.2.

(f) RADB will notify the requester when the translation has been returned and make arrangements to deliver all related materials to the original requester.

D. Requester's Review of Document Translations for Acceptability

1. The requester should (a) Carefully review the translation for technical adequacy to the best of his or her ability.

(i) If the translation is acceptable, return the completed, signed NRC Form 431 to RADB. Do not return copies of the translation.

(ii) If the translation is unacceptable, complete and sign NRC Form 431 and return the form with a marked-up copy of the translation to RADB. RADB will return the translation to the translator for correction.

(b) Complete NRC Form 431 and return the form to RADB within the allotted time indicated on the form so that payment can be promptly authorized. The requester will be allowed 7 to 30 Federal workdays to evaluate the translation. The amount of time allowed for the evaluation depends on the number of words in the translation, as follows:

52,000 words or less 7 Federal workdays 52,001 - 100,000 words 14 Federal workdays More than 100,000 words 30 Federal workdays (c) If the requester does not return NRC Form 431 within the allotted time, RADB will authorize payment, and correction of the translation may no longer be requested.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 9

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS

2. If the translation is acceptable, RADB enters this information into its translations tracking system. RADB will retain a working record of having translated the document but will refer all questions about its availability or content to the original requester, who retains the translation.

3. RADB will refer all questions about the availability or content of proprietary or classified translations to the original requester.

4. If an employee desires a copy of a translation, he or she should contact RADB (Translation.Program@nrc.gov) to identify the originating NRC office. Requests will be directed to the originating NRC office.

VI. GLOSSARY Copyright A form of protection provided by the laws of the United States in Title 17 of the U.S. Code. This protection is available for both published and unpublished works.

Because copyright laws may be different in foreign countries, any questions on copyrights should be directed to the NRC Office of the General Counsel.

Document Translation Written communication in a second language having the same meaning as the written communication in a first language.

Foreign National Agreements Negotiated statements of cooperative intent signed by the Commission and representatives of foreign countries. Agreements of this type are administered by the Office of International Programs.

International Agreements Arrangements between the United States and foreign countries or international organizations. Agreements of this type are administered by the Office of International Programs and, where research agreements are involved, the Office of Nuclear Regulatory Research.

Interpretation Oral communication in a second language having the same meaning as the oral communication in a first language. Also referred to as real-time translation.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 10

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS Patent Rights Legal rights in a patent obtained on an invention or in a patent application filed on an invention. Because patent rights may be different in foreign countries, any questions on patent rights should be directed to the NRC Office of the General Counsel.

Proprietary Information Documentation containing trade secrets and commercial or financial information that is obtained from a person and purported to be confidential, or information given in confidence to the NRC by a foreign source.

Translation Communication in a second language having the same meaning as the communication in a first language. See document translation and interpretation.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 11

DH 3.12 HANDLING AND DISPOSITION OF FOREIGN Date Approved: 04/13/2017 DOCUMENTS AND TRANSLATIONS EXHIBIT Exhibit 1 Matrix of Available NRC Interpretation and Translation Services Available Services Funding Interpretation Translation Fee-billable?

Required Highest Level of from Information Example Request or Requesting Office Program Handling* Deliverable** Office ADM Technical No Yes Sensitive Technical report, conference No, but Yes Translation Unclassified paper, journal article, etc., subject to Program Non-Safeguards published in a language other review to Information than English; camera-ready determine (SUNSI) deliverable returned. applicability to program requirements SBCR Limited Yes Yes Non-sensitive Limited English Proficiency Yes Yes English (publicly public meeting for Turkey Proficiency available) Point COL application (NRO):

Program Key documents related to the meeting, including the public meeting notice, agenda, presentation, vital documents, and the public feedback form, were available in Spanish. In addition, there were two onsite interpreters (Spanish and Creole).

OIP International Yes Yes Classified, Live or real-time Yes Yes Operations including interpretation and onsite Branch National Security translation services for Information (NSI) interactions with foreign and Restricted governments or international Data (RD); agreements, including Safeguards support for overseas vendor Information (SGI) inspections, the Operations Center at headquarters, signing ceremonies, or meetings with a foreign representative or visitor.

• See MD 12.2 for specific handling procedures.

• • Each example request does not depict the highest level of information handling available through the specific program.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 12