Final Supporting Statement 10 CFR Part 5

FINAL OMB SUPPORTING STATEMENT FOR
10 CFR PART 5
"NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
(3150-0209)
EXTENSION

Description of the Information Collection
The regulations under 10 CFR Part 5 implement the provisions of Title IX of the Education
Amendments of 1972, as amended, except section 904 and 906 of those amendments (20
U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688). The provisions are designed to eliminate,
with certain exceptions, discrimination on the basis of sex in any education program or activity
receiving Federal financial assistance (FFA), whether or not such program or activity is offered
or sponsored by an educational institution as defined in the Title IX regulations. Except as
provided in §§ 5.205 through 5.235(a), the Title IX regulations apply to every recipient and to
each education program or activity operated by the recipient that receives FFA from the Nuclear
Regulatory Commission (NRC).
The NRC enforces provisions covered by Title IX and 10 CFR 5. In order to do so, the NRC
must engage in information and data collections, as necessary, to determine whether a recipient
is complying with the regulations. Recipients are required to maintain on file, make available for
inspection and provide to responsible NRC officials upon request information and documents
related to investigative, compliance and enforcement provisions. Recipients are also required to
permit reasonable access by NRC to the recipient's books, records, accounts, facilities, and
other sources of information to the extent necessary to determine compliance. Recipients are
required to keep records and submit to the responsible NRC official, timely, complete, and
accurate compliance reports at the times and in the form and containing the information that the
responsible NRC official may determine to be necessary to enable the official to ascertain
whether the recipient has complied or is complying with the regulations. Three reoccurring
recipient collections that take place include: 1) Pre-Award Compliance Review Process, wherein
documents and assurances are provided to determined there are no “red flags” or issues
concerning discrimination prior to an NRC award of Federal financial assistance (See NRC
Form 781) (Parts A, B, and C (( SBCR Compliance Review Part C Additional Title IX
Information)) ; 2) Post-Award Compliance Process, wherein recipients’ program operations are
routinely monitored to ensure nondiscrimination during the award phase and compliance with
regulations and mandates; and 3) Recipients are mandated to submit annual EO compliance
report to SBCR no later than December 31 each calendar year. In addition, If NRC receives a
complaint alleging discrimination (See NRC Form 782), or conducts an investigation, or
conducts a periodic compliance review the affected recipients are required to provide requested
information and documentation.
The purpose for collecting this information is to ensure that recipients of Federal financial
assistance operate their programs and activities in a non-discriminatory manner. NRC Form 782
outlines the responsibilities of the recipient under the law to engage in fair practices and
provides the NRC with another vehicle to assess recipient programs. Each applicant/recipient is

assigned a case file in which this form is filed. Each request is assigned an SBCR
compliance review number which reflects the year of the request, month of the request,
and the numerical order of receipt of the request. Case files are maintained in paper form
in a locked file cabinet.
All recipients of Federal financial assistance from the Nuclear Regulatory Commission
(NRC) are subject to Title IX, but Title IX’s anti-discrimination prohibitions are limited to the
educational components of the recipient’s program or activity, if any. Failure to include a
type of Federal assistance in the list indicated below shall not mean, if Title IX is otherwise
applicable, that a program or activity is not covered by Title IX. The following is a list of
Federal financial assistance administered by the NRC to which Title IX applies:
(a)
Conferences on regulatory programs and related matters: Agreements for
financial assistance to State and local officials, without full-cost recovery, to confer on
regulatory programs and related matters at NRC facilities and offices, or other
locations.
(b)
Orientations and instruction: Agreements for financial assistance to State and
local officials, without full-cost recovery, to receive orientation and on-the-job
instruction at NRC facilities and offices, or other locations.
(c)
Technical training courses: Agreements for financial assistance to State and
local officials, without full-cost recovery, to receive orientation and on-the-job
instruction at NRC facilities and offices, or other locations.
(d)
Participation in meetings and conferences: Agreements for participation, without fullcost recovery, in meetings, conferences, workshops, and symposia to assist scientific,
professional or educational institutions or groups.
(e)
Research support: Agreements for the financial support of basic and applied
scientific research and for the exchanges of scientific information.
(f)
Educational Institutions: Agreements for financial assistance to education institutions
to include applicants or recipient that is an institution of higher education, an institution of
graduate higher education, an institution of undergraduate higher education, an institution of
professional education, or an institution of vocational education
A. JUSTIFICATION
1. Need for and Practical Utility of the Collection of Information. The reporting and
recordkeeping requirements are necessary in order for NRC staff to assure that the
recipients of Federal financial assistance are in compliance with Title IX of the
Education Amendments of 1972, as amended.
The currently effective information collection requirements of Part 5 are
identified and explained below:
Section 5.110(c)(1)(2)(3) Each recipient educational institution shall within
one year of September 29, 2000: (1) evaluate, in terms of the
requirements of these Title IX regulations, its current policies and
practices and the effects thereof concerning admission of students,
treatment of students, and employment of both academic and non-

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academic personnel working in connection with the recipient=s education
program or activity; (2) modify any of these policies and practices that do
not or may not meet the requirements of these Title IX regulations and (3)
take appropriate remedial steps to eliminate the effects of any
discrimination that resulted or may have resulted from adherence to these
policies and practices.
Section 5.110(d) Recipients shall maintain on file for at least three years
following its completion, the evaluation required under paragraph (c) of
this section, and shall provide to the designated agency official upon
request, a description of any modifications made pursuant to paragraph
(c)(2) of this section and of any remedial steps taken pursuant to
paragraph (c)(3) of this section.
Section 5.115(a) Either at the application stage or the award stage,
Federal agencies must ensure that applications for Federal financial
assistance or awards of Federal financial assistance contain, be
accompanied by, or be covered by a specifically identified assurance from
the applicant or recipient, satisfactory to the designated agency official,
that each education program or activity operated by the applicant or
recipient and to which these Title IX regulations apply will be operated in
compliance with these Title IX regulations. An assurance of compliance
with these Title IX regulations shall not be satisfactory to the designated
agency official if the applicant or recipient to whom such assurance
applies fails to commit itself to take whatever remedial action is necessary
in accordance with 5.110 (a) to eliminate existing discrimination, whether
occurring prior to or subsequent to the submission to the designated
agency official of such assurance.
Section 5.115(b)(1) In the case of Federal financial assistance extended
to provide real property or structures thereon, such assurance shall
obligate the recipient or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structures are
used to provide an education program or activity.
Section 5.115(c)(1) The assurances required by paragraph (a) of this
section, which may be included as part of a document that addresses
other assurances or obligations, shall include that the applicant or
recipient will comply with all applicable Federal statutes relating to
nondiscrimination. These include but are not limited to Title IX of the
Education Amendments of 1972, as amended.
Section 5.135(a) Each recipient shall designate at least one employee to
coordinate its efforts to comply with and carry out its responsibilities under
these Title IX regulations, including any investigations of any complaint
communicated to such recipient alleging its noncompliance with these
Title IX regulations. The recipient shall notify all its students and
employees of the name, office address, and telephone number of the
employee or employees appointed pursuant to this paragraph.
Section 5.135(b) A recipient shall adopt and publish grievance procedures
providing for prompt and equitable resolution of student and employee

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complaints alleging any action that would be prohibited by the Title IX
regulations.
Section 5.140(a)(1) Each recipient shall implement specific and continuing
steps to notify applicants for admission and employment, students and
parents of elementary and secondary school students, employees,
sources of referral of applicants for admission and employment, and all
unions or professional organizations holding collective bargaining or
professional agreements with the recipient, that it does not discriminate on
the basis of sex in the educational programs or activities that it operates,
and that it is required by Title IX regulations not to discriminate in such a
manner. Such notification shall contain such information, and be made in
such manner, as the designated agency official finds necessary to apprise
such persons of the protections against discrimination assured them by
Title IX regulations, but shall state at least that the requirement not to
discriminate in education programs or activities extends to employment
therein, and to admission thereto unless Sections 5.300 through 5.310 do
not apply to the recipient, and that inquiries concerning the application of
Title IX and these Title IX regulations to such recipient may be referred to
the employee designated pursuant to Section 5.135, or to the designated
agency official.
Section 5.140(a)(2) Each recipient shall make the initial notification
required by paragraph (a)(1) of this section within 90 days of September
29, 2000 or of the date these Title IX regulations first apply to such
recipient, whichever comes later, which notification shall include
publication in: (i) newspapers and magazines operated by such recipient
or by student, alumnae, or alumni groups for or in connection with such
recipient; and (ii) memoranda or other written communications distributed
to every student and employee of such recipient.
Section 5.140(b)(1) Each recipient shall prominently include a statement
of the policy described in paragraph (a) of this section in each
announcement, bulletin, catalog, or application form that it makes
available to any person of a type, described in paragraph (a) of this
section, or which is otherwise used in connection with recruitment of
students or employees.
Section 5.140(c) Each recipient shall distribute without discrimination on
the basis of sex each publication described in paragraph (b)(1) of this
section, and shall apprise each of its admission and employment
recruitment representatives of the policy of nondiscrimination described in
paragraph (a) of this section, and shall require such representatives to
adhere to such policy.
Section 5.205(b) An educational institution or other entity that wishes to
claim the exemption set forth in paragraph (a) of this section shall do so
by submitting in writing to the designated agency official a statement by
the highest ranking official of the institution, identifying the provisions of
the Title IX regulations that conflict with a specific tenet of the religious
organization.

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Section 5.230(a) An institution to which Section 5.225 applies and that is
composed of more than one administrative separate unit may submit
either a single transition plan applicable to all such units, or a separate
transition plan applicable to each such unit.
Section 5.230(b)(1) In order to be approved by the Secretary of
Education, a transition plan shall: (1) State the name, address and
Federal Interagency Committee on Education Code of the educational
institution submitting such plan, the administratively separate units to
which the plan is applicable, and the name, address, and telephone
number of the person to whom questions concerning the plan may be
addressed. The person who submits the plan shall be the chief
administrator or president of the institution, or another individual legally
authorized to bind the institution to all actions set forth in the plan.
Section 5.230(b)(2) State whether the educational institution or
administratively separate unit admits students of both sexes as regular
students and, if so, when it began to do so.
Section 5.230(b)(3) Identify and describe with respect to the educational
institution or administratively separate unit any obstacles to admitting
students without discrimination on the basis of sex.
Section 5.230(b)(4) Describe in detail the steps necessary to eliminate as
soon as practicable each obstacle so identified and indicate the schedule
for taking these steps and the individual directly responsible for their
implementation.
Section 5.230(b)(5) Include estimates of the number of students, by sex,
expected to apply for, be admitted to, and enter each class during the
period covered by the plan.
Section 5.230(d) To overcome the effects of past exclusion of students on
the basis of sex, each educational institution to which Section 5.225
applies shall include in its transition plan, and shall implement, specific
steps designed to encourage individuals of the previously excluded sex to
apply for admission to such institution. Such steps shall include instituting
recruitment programs that emphasize the institution=s commitment to
enrolling students of the sex previously excluded.
Section 5.400(d)(2)(i) Such recipient: (i) shall develop and implement a
procedure designed to assure itself that the operator or sponsor of such
other education program or activity takes no action affecting any applicant,
student, or employee of such recipient that these Title IX regulations
would prohibit such recipient from taking and (ii) shall not facilitate,
require, permit, or consider such participation if such action occurs.
Section 5.425(b): A recipient that uses testing or other materials for
appraising or counseling students shall not use different materials for
students on the basis of their sex or use materials that permit or require
different materials that cover the same occupations and interest areas and
the use of such different materials is shown to be essential to eliminate
sex bias. Recipients shall develop and use internal procedures for

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ensuring that such materials do not discriminate on the basis of sex.
Where the use of a counseling test or other instrument results in a
substantially disproportionate number of members of one sex in any
particular course of study or classification, the recipient shall take such
action as is necessary to assure itself that such disproportion is not the
result of discrimination in the instrument or its application.
Section 5.430(b)(2) To ensure nondiscriminatory awards of assistance as
required in paragraph (b)(1) of this section, recipients shall develop and
use procedures under which: (i) Students are selected for award of
financial assistance on the basis of nondiscriminatory criteria and not on
the basis of availability of funds restricted to member of a particular sex;
(ii) an appropriate sex-restricted scholarship, fellowship, or other form of
financial assistance is allocated to each student selected under paragraph
(b)(2)(i) of this section; and (iii) no student is denied the award for which
he or she was selected under paragraph (b)(2)(i) of this section because
of the absence of a scholarship, fellowship, or other form of financial
assistance designated for a member of that students=s sex.
Section 5.445(b)(2) A recipient may require such a student to obtain the
certification of a physician that the student is physically and emotionally
able to continue participation as long as such a certification is required of
all students for other physical or emotional conditions requiring the
attention of a physician.
2. Agency Use of Information
The information is used to incorporate the basic standards for determining
sex discrimination, and is designed to provide guidance to recipients of
money paid, property transferred, or other Federal financial assistance
extended under any program or activity, by way of grant, entitlement,
cooperative agreement, loan, contract, or other agreement by NRC, or an
authorized contractor or subcontractor of NRC.
3. Reduction of Burden Through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC which
provides direction for the electronic transmission and submittal of documents to
the NRC. Electronic transmission and submittal of documents can be
accomplished via the following avenues: the Electronic Information Exchange
(EIE) process, which is available from the NRC’s “Electronic Submittals” Web
page, by Optical Storage Media (OSM) (e.g. CD-ROM, DVD), by facsimile or by email. It is estimated that approximately 100% of the responses are filed
electronically.
4.Efforts to Identify Duplication and Use of Similar Information
No sources of similar information are available. There is no duplication of
requirements.

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5. Efforts to Reduce Small Business Burden
The information collection does not involve small businesses or other small entities.
6. Consequences to Federal Program or Policy Activities if the Collection is not
Conducted or is Conducted Less Frequently
There is no specific time frame for collection. The required information is submitted upon
applying for FFA and continues for the period that such assistance is provided by the
Commission. The proposed collection of information is necessary to ensure
nondiscrimination and compliance with Federal civil rights regulations in NRC’s FFA
programs and activities.
7. Circumstances which Justify Variation from OMB Guidelines
There are no variations from OMB guidelines.
8. Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this clearance
package was published in the Federal Register on March 25, 2019 (84 FR 11139). The NRC
received one public comment from a concerned citizen demanding that the NRC create
more stringent and thorough protocols for sexual assault, discrimination, and harassment
cases. The new protocols should allow for investigations even if there are no formal
complaints, suspend the accused until the results of the investigation, and allow for more
protections and security for victims of sexual abuse and discrimination. There should also be
a zero-tolerance policy against sexual abuse and discrimination, and the policy must be
strictly enforced. Finally, there must be a zero-tolerance policy against transphobic and
homophobic actions and rhetoric. This comment falls outside of the purpose of the
information collections, and NRC’s regulatory authority under 10 CFR 5. In addition, the
NRC contacted four licensees and there were no comments received.
9. Payment or Gift to Respondents
Not Applicable.
10. Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC regulations
at 10 CFR 9.17(a) and 10 CFR 2.390(b).
11. Justification for Sensitive Questions
Not applicable
12. Estimate of Burden.
Each of the 200 respondents will be required to submit 3 reports a year1 for all the 10
CFR reporting requirements under Sections 5.110; 5.115; 5.205; and 5.230. The
estimated number of responses is 600 (200 respondents x 3 reports). The total annual
reporting burden is 3,000 hours (200 respondents x 3 reports x 5 hours per response)

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with an estimated annual cost of $825,000 (3,000 x $275).
Each of the 200 recipient respondents will maintain the records required under 10 CFR
5. Where a recipient makes available Federal financial assistance from NRC to a
subrecipient, the recipient shall provide the subrecipient written notice of the subrecipient's
obligations under Title IX and NRC’s regulations. The burden for these third-party collections
are incorporated in the estimated recordkeeping burden. The estimated number of
recordkeepers is 200. The total annual recordkeeping burden is 600 hours (200
recordkeepers x 3 hours per recordkeeper), with an estimated annual cost of $165,000 (600
hours x $275).
The overall estimated burden is 3,600 hours (3,000 hours reporting + 600 hours
recordkeeping) for an estimated total cost of $990,000 (3,600 hours x $275). The
estimated cost for each respondent is $4,950 ($990,000 / 200 respondents).
The total number of responses is 800 (600 reporting responses plus 200
recordkeepers).
The $275 hourly rate used in the burden estimates is based on the Nuclear
Regulatory Commission’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost
per professional staff-hour.” For more information on the basis of this rate, see the
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018 (83 FR 29622, June 25,
2018).
13. Estimate of Other Additional Costs
The quantity of records to be maintained is roughly proportional to the
recordkeeping burden. Based on the number of pages maintained for a typical
clearance, the records storage cost has been determined to be equal to .0004 times
the recordkeeping burden cost. Therefore, the storage cost for this clearance is $66
(600 recordkeeping hours x .0004 x $275).
14. Estimated Annualized Cost to the Federal Government
The staff has developed estimates of annualized costs to the Federal Government related
to the conduct of this collection of information. These estimates are based on staff
experience and subject matter expertise and include the burden needed to review,
analyze, and process the collected information and any relevant operational expenses.
Staff estimates that it requires 5 hours of professional effort to review each report. To
review 600 reports requires 3,000 staff hours (600 reports x 5 hours) at a cost of $825,000
(3,000 hours x $275/hr).
Record holding is estimated to cost $209 per square foot. Four cubic feet x $209 = $836
storage costs.
The total costs to the Federal government is estimated to be $825,800.

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15. Reasons for Change in Burden
There is no change in burden since the last renewal. The professional hourly rate
decreased from $279 per hour to $275 per hour.
16. Publication for Statistical Use
There are no plans to publish the information received from licensees pursuant to these
reporting requirements.
17. Reason for Not Displaying the Expiration Date.
The requirement will be contained in a regulation. Amending the Code of Federal
Regulations to display information that, in an annual publication, could become obsolete
would be unduly burdensome and too difficult to keep current.
18. Exceptions to the Certification Statement.
There are no exceptions.

1 Each recipient is required to submit requirements during the Pre-Award process, the Post-Award process, an Annual EO report, and
other collections, if requested (e.g. investigate and correct violations, complaint filed, etc.). At a minimum, 3 reports and 3 collections are
required unless the NRC determines information is necessary to satisfy a complaint, investigate or correct a violation, or other
information as needed.

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