IR 015000256/2020025
| ML25181A456 | |
| Person / Time | |
|---|---|
| Site: | 015000256 |
| Issue date: | 08/28/2025 |
| From: | NRC/SBCR |
| To: | |
| Shared Package | |
| ML25181A439 | List: |
| References | |
| 3150-0256 | |
| Download: ML25181A456 (5) | |
Text
DRAFT SUPPORTING STATEMENT FOR NRC FORM 655, EEO COUNSELORS REPORT
(31500256)
EXTENSION
Abstract
As set forth under Title 29 of the Code of Federal Regulations (29 CFR) Part 1614, Federal Sector Equal Employment Opportunity, the Equal Employment Opportunity (EEO) complaint process prescribes that when an aggrieved individual believes that they have been discriminated against on the basis of their race, color, religion, sex (including sexual orientation, and pregnancy), national origin, age, disability, genetic information (including family medical history), marital status, parental status, political affiliation, military service, and reprisal, the aggrieved individual must consult a counselor prior to filing a complaint in order to try to informally resolve the matter. The assigned EEO counselor conducts the pre-complaint (Informal) with the intentions of resolving the complaint within the agency. At the conclusion of pre-complaint (Informal) process, and if resolution was unsuccessful, during the final interview with the aggrieved person, the EEO counselor must discuss what occurred during the counseling process and provide the aggrieved with information to move the matter forwar Pursuant to 29 CFR1614.105(c), if the aggrieved individual decides to file a formal complaint (i.e., U.S. Nuclear Regulatory Commission (NRC) Form 646), the EEO Counselor must submit a written report (i.e., EEO Counselors Report) within 15 calendar days to the Office of Small Business and Civil Rights (SBCR) Director or designated official that will contain relevant information about the aggrieved individual, jurisdiction, claims, bases, Responding Management Officials (RMO), witnesses, requested remedies, and the EEO Counselor's checklist. The NRC Form 655, EEO Counselors Report is completed by an EEO counselor during this consultation, which must be conducted within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action. Once the form is completed, an authorized NRC representative will place the completed NRC Form 646 in a secure folder created specifically for the aggrieved individual within an automated tracking syste A. JUSTIFICATION
1. Need for the Collection of Information
On behalf of the NRC, the SBCR Civil Rights Program (CR) administers, manages, and ensures agency compliance that prohibit discrimination in the workplace in accordance with the following Federal civil rights laws, regulations, policies, and guidance:
- Title VII of the Civil Rights Act of 1964, as amended
Age Discrimination in Employment Act of 1967
Section 501 of the Rehabilitation Act of 1973
Equal Pay Act of 1963
- Genetic Nondiscrimination Act of 200 *
Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002
Elijah E. Cummings Federal Employees Antidiscrimination Act of 2020
Equal Employment Opportunity Commissions (EEOC) 29 CFR Part 16141
EEOCs Management Directive 110 (MD 110), Complaint Processing2
EEOCs Management Directive 715 (MD 715), Affirmative Action Programs3
The information is needed to ensure agency compliance with these laws, regulations, policies, and guidanc. Agency Use and Practical Utility of Information
The NRC Form 655 serves as written report from the EEO counselor to the agency's EEO office concerning the issues discussed and the actions taken during pre-complaint (Informal) counseling process to pursue claim(s) of unlawful discrimination in accordance with 29 CFR1614.105 (c) and MD 110. The information collected enables the Agency to properly document and identify the claim(s) raised by the complainant and determine if such claim(s) can legally be accepted for investigation or dismissed in accordance with 29 CFR 1614.106 and 29 CFR1614.10. Reduction of Burden Through Information Technology
There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. Respondents are able to submit the requested information using fillable forms. The form is currently placed a secure drive and uploaded into the Entellitrak (ETK EEO) case management system, which is the secure automated tracking system that provides a complaint number for the file and is used to create mandated agency reports. ETK EEO maintains individual data records for all individuals who contact the SBCR to file informal and formal EEO complaints. SBCR uses ETK EEO to collect, track, and monitor EEO complaints in order to comply with EEOC data reporting requirements as set forth in the Code of Federal Regulations governing Federal Sector EEO complaint processing (29 CFR Part 1614) and The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). ETK EEO includes a feature called e-File. E-File will provide agency employees, along with members of the public that are applicants for employment, the ability to electronically contact SBCR, request a counselor, and initiate an EEO complaint. Throughout the complaint cycle, the e-File
1 29 CFR Part 1614: https://www.gpo.gov/fdsys/pkg/CFR-2007-title29-vol4/pdf/CFR-2007-title29-vol4-part1614.pdf 2 MD 110: https://www.eeoc.gov/federal-sector/management-directive/management-directive-110 3 MD 715: https://www.eeoc.gov/federal-sector/management-directive/instructions-federal-agencies-eeo-md-715
user is able to see accurate and current information on their complaint. Potential complainants no longer need to mail or hand-deliver paper forms in order initiate a complaint. It is estimated that 100 percent of the potential responses are filed electronicall. Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of requirement. Effort to Reduce Small Business Burden
Not applicable. Information is collected from individuals rather than businesse. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently
If the information on the NRC Form 655 were not collected, the NRC would not be in compliance with Federal laws and regulations regarding the processing of EEO complaints. The NRC Form 655 is completed once per complaint and cannot be completed less frequently while still maintaining compliance with Federally mandated processe. Circumstances Which Justify Variation from Office of Management and Budget (OMB) Guidelines
Pursuant to 29 CFR1614.105(c), the NRC (i.e., EEO Counselor) must submit a written report (EEO Counselors Report) within 15 calendar days after notification that a formal complaint has been filed to the SBCR Director or designated official when an aggrieved individual has filed a formal complaint (i.e., NRC Form 646).
8. Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this clearance package has been published in the Federal Registe. Payment or Gift to Respondents
Not applicabl. Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC regulations at Title 10 of the Code of Federal Regulations (10 CFR) 9.17(a) and 10 CFR 2.390(b).
This information is maintained in a system of records designated as EEOC/GOVT1 Equal Employment Opportunity in the Federal Government Complaint and Appeal Records described at 71 Federal Register 24704 (April 26, 2006).
11. Justification for Sensitive Questions
Sensitive information collected under this clearance is necessary to enter the EEO complaint process. All information provided by persons alleging EEO discrimination is safeguarded and treated in accordance with the Privacy Act of 1974, as amende. Estimated Burden and Burden Hour Cost
An EEO counseling session typically lasts 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />. During this time, the aggrieved person provides information to the counselor,4 who records it and completes the NRC Form 655. The NRC receives an estimated 30 submissions of NRC Form 655 annually. The total annual burden for NRC Form 655 is 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> (30 forms x 60 minutes per form) at a cost of $9,510 (30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> x $317 per hour).
The $317 hourly rate used in the burden estimates is based on the NRCs fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hou For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2024 (89 FR 51789; June 20, 2024).
13. Estimate of Other Additional Costs
There are no additional cost. Estimated Annualized Cost to the Federal Government
The estimated total annual burden for NRC staff to process NRC Form 655 is 15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br /> (30 forms x 30 minutes per form) at a cost of $4,755 (15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br /> x $317 per hour).
Annual cost for contractor services for EEO Counseling is approximately $54,000 ($1,800 per counseling session x 30 annual complaint submissions).
The total cost to the Federal government is $58,755 ($4,755 + $54,000).
15. Reasons for Change in Burden or Cost
Theres no change in burden. The fee rate increased from $288 to $317 per hou The NRC Form 655 is completed by an EEO counselor under contract to the NRC. The contractors time to complete the form is not included in the burden estimate, only the respondents tim. Publication for Statistical Use
Pursuant to 29 CFR §1614.703, agencies are required to post cumulative quarterly and fiscal year EEO complaint statistics, titled Equal Employment Opportunity Data Posted Pursuant to Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. No. 107-174, on the home page of the agencys public website. Section 1614.704 of 29 CFR sets forth the list of statistical data the agency must post. Additional information regarding No FEAR Act posting is found at http://www.eeoc.gov/federal/directives/index.cf The results of the collection are available on the NRCs public websit https://www.nrc.gov/about-nrc/civil-rights/crp/dca.htm. Reason for Not Displaying the Expiration Date
The expiration date will be displaye. Exceptions to the Certification Statement
There are no exceptions to the certification statement.