### 8828 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices

1 DoD recognizes that many recipients had language assistance programs in place prior to the

issuance of Executive Order 13166. This Guidance provides a uniform framework for a recipient to integrate, formalize, and assess the continued vitality of these existing and possibly additional reasonable efforts based on the nature of its program or activity, the current needs of the LEP population it encounters, and its prior experience in providing language services in the community it serves. Dated: January 31, 2012.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2012–3509 Filed 2–14–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**Guidance to Federal Financial Assistance Recipients Regarding Title**  **VI Prohibition Against National Origin Discrimination Affecting Limited**  **English Proficient Persons**

**AGENCY :**  Department of Defense, DoD.

**ACTION :**  Interim final guidance.

**SUMMARY :**  The Department of Defense (DoD) publishes for public comment

Interim Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (DoD Recipient LEP Guidance). The DoD Recipient LEP Guidance is based on the prohibition against national origin discrimination in Title VI of the Civil Rights Act of 1964, as affects limited English proficient

persons.

**DATES :**  Comments must be received on
or before March 16, 2012.

**ADDRESSES :**  Please submit only one set

of comments via one of the methods

described.

• Fax: (703) 571–9338.

• Mail: DoD/ODMEO LEP Public Comments, 4000 Defense Pentagon, Room 5D641, Washington, DC 20301–

4000.

• Email: james.love@osd.mil.

**FOR FURTHER INFORMATION CONTACT :**  James E. Love, (703) 571–9331. Arrangements to receive the policy in an alternative format may be made by contacting the named individual.

**SUPPLEMENTARY INFORMATION :**  Under Title VI of the Civil Rights Act of 1964,
42 U.S.C. 2000d, et seq. (Title VI), and DoD regulations implementing Title VI, recipients of Federal financial assistance from the DoD (‘‘recipients’’) have a responsibility to ensure meaningful access by persons with limited English proficiency (LEP) to their programs and

activities. See 32 CFR 195.4. Executive Order 13166, reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency that extends assistance subject to the requirements of Title VI to publish, after review and approval by the Department of Justice (DOJ), guidance for its recipients clarifying that obligation. The Executive Order also directs that all such guidance be consistent with the compliance standards and framework set forth by

DOJ.

On March 14, 2002, the Office of Management and Budget (OMB) issued a Report to Congress titled ‘‘Assessment

of the Total Benefits and Costs of Implementing Executive Order No. 13166: Improving Access to Services for Persons with Limited English Proficiency.’’ Among other things, the Report recommended the adoption of uniform guidance across all Federal agencies, with flexibility to permit tailoring to each agency’s specific recipients. Consistent with this OMB recommendation, the DOJ published LEP Guidance for DOJ recipients which was drafted and organized to also function as a model for similar guidance by other Federal grant agencies. See 67 FR 41455 (June 18, 2002). This interim final DoD Guidance is based upon the model of June 18, 2002, DOJ LEP Guidance for Recipients.

The primary focus of this Guidance is

on entities that receive Federal financial assistance from DoD, either directly or indirectly, through a grant, cooperative agreement, contract or subcontract, and
operate programs or activities or portions of programs or activities in the

United States and its territories.

In connection with the issuance of this Guidance, each DoD component is encouraged to review their current programs and activities to determine whether they provide the type of external assistance to a recipient which is subject to Title VI. If Title VI is determined to be applicable to one or more program or activity, the administering component should consider developing a program-specific Appendix to this Guidance. The Appendix should explain how the
component’s recipients may ensure meaningful linguistic access consistent with the principles and compliance

standards set out in DoD’s LEP Guidance for Recipients below. The Appendix will be submitted to DOJ for review and approval prior to publication in the Federal Register

.

It has been determined that the

Guidance does not constitute a regulation subject to the rulemaking requirements of the Administrative
Procedures Act, 5 U.S.C. 533. It has also

been determined that this Guidance is not subject to the requirements of

Executive Order 12866.

The text of the complete proposed Guidance document appears below. Dated: January 18, 2012.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

I. Introduction

Most individuals living in the United States read, write, speak and understand English. There are many individuals, however, for whom English is not their primary language. For instance, based
on the 2000 census, over 26 million individuals speak Spanish and almost 7 million individuals speak an Asian or Pacific Island language at home. If these individuals have a limited ability to read, write, speak, or understand English, they are limited English proficient, or ‘‘LEP.’’ The 2000 censusindicates that 28.1% of all Spanishspeakers, 28.2% of all speakers of Chinese languages, and 32.3% of all Vietnamese-speakers reported that they spoke English ‘‘not well’’ or ‘‘not at all.’’

Language for LEP individuals can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by federally funded programs

and activities. The Federal Government funds an array of services that can be made accessible to otherwise eligible LEP persons. The Federal Government is committed to improving the accessibility of these programs and activities to eligible LEP persons, a goal that reinforces its equally important commitment to promoting programs and activities designed to help individuals learn English. Recipients should not overlook the long-term positive impacts of incorporating or offering English as a Second Language (ESL) programs in parallel with language assistance

services. ESL courses can serve as an important adjunct to a proper LEP plan.
However, the fact that ESL classes are

made available does not obviate the statutory and regulatory requirement to provide meaningful access for those who are not yet English proficient. Recipients of Federal financial assistance have an obligation to reduce language barriers that can preclude meaningful access by LEP persons to important government services. 1

This policy Guidance clarifies existing legal requirements for LEP


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2 This policy guidance is not a regulation but rather a guide. Title VI and its implementing regulations require that recipients take responsible steps to ensure meaningful access by LEP persons. This Guidance provides an analytical framework that recipients may use to determine how best to comply with statutory and regulatory obligations to provide meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are limited English proficient. persons by providing a description of the factors recipients should consider in fulfilling their responsibilities to LEP

persons. 2 These are the same criteria

DoD has been and will continue to use in evaluating whether recipients are in compliance with Title VI and Title VI regulations.

In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally assisted programs and activities may violate the prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and Title VI regulations against national origin discrimination. The purpose of this policy Guidance is to assist recipients in fulfilling their responsibility to provide meaningful access to LEP persons under existing

law.

As with most government initiatives, this policy Guidance requires balancing several principles. While this Guidance
discusses that balance in some detail, it is important to note the basic principles
behind that balance. First, we must ensure that federally assisted programs aimed at the American public do not leave some behind simply because they face challenges communicating in English. This is of particular importance because, in many cases, LEP individuals form a substantial portion of those encountered in federally assisted programs. Second, we must achieve this goal while finding constructive methods to reduce the costs of LEP requirements
on small businesses, small local governments, or small non-profits that

receive Federal financial assistance.

In addition, many DoD recipients also

receive Federal financial assistance from other Federal agencies, such as the Department of Education or the Department of Health and Human Services. While guidance from those Federal agencies is consistent with this Guidance, recipients receiving assistance from multiple agencies should review those agencies’ guidance

documents at http://www.lep.gov for a more focused explanation of how the standards apply in portions of programs or activities that are the focus of funding from those agencies.

There are many productive steps that the Federal government, either collectively or as individual grant agencies, can take to help recipients reduce the costs of language services without sacrificing meaningful access for LEP persons. Without these steps, certain smaller grantees may well choose not to participate in federally assisted programs, threatening the critical functions that the programs strive to provide. To that end, the DoD plans to continue to provide assistance and guidance in this important area. In addition, the DoD plans to work withrepresentatives of research and defenserelated institutions, grant organizations, administrative agencies, other Federal entities, and LEP persons to identify and share model plans, examples of best practices, and cost-saving approaches. Moreover, DoD intends to explore how language assistance measures, resources and cost-containment approaches developed with respect to its own Federally conducted programs and activities can be effectively shared or otherwise made available to recipients, particularly small businesses, smalllocal governments, and small nonprofits. An interagency working group on LEP developed a Web site, www.lep.gov, to assist in disseminating this information to recipients, Federal agencies, and the communities being

served.

II. Legal Authority

Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides that no person shall ‘‘on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.’’ Section 602 of Title VI, 42
U.S.C. 2000d–1, authorizes and directs Federal agencies that are empowered to

extend Federal financial assistance to any program or activity ‘‘to effectuate the provisions of [section 601] * * * by issuing rules, regulations, or orders of general applicability.’’

DoD regulations promulgated pursuant to section 602 forbid recipients from ‘‘utiliz[ing] criteria or methods of

administration which have the effect of subjecting individuals to discrimination
because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin.’’ 32 CFR
195.4(b)(2).

The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted regulations promulgated by the former Department of Health, Education, and Welfare, including a regulation similar
to that of DOD, 45 CFR 80.3(b)(2), to hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national-origin

discrimination. In Lau, a San Francisco school district that had a significant number of non-English speaking students of Chinese origin was required to take reasonable steps to provide them with a meaningful opportunity to participate in federally funded educational programs.

Executive Order 13166, ‘‘Improving

Access to Services for Persons with Limited English Proficiency,’’ 65 FR 50121 (August 16, 2000) was issued on August 11, 2000. Under that Executive Order, every Federal agency thatprovides financial assistance to nonFederal entities must publish guidance on how their recipients can provide meaningful access to LEP persons and thus comply with Title VI regulations forbidding funding recipients from ‘‘restrict[ing] an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program’’ or from ‘‘utiliz[ing] criteria or methods of

administration which have the effect of subjecting individuals to discrimination
because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular race, color, or national origin.’’

On that same day, DOJ issued a general guidance document addressed to ‘‘Executive Agency Civil Rights Officers’’ setting forth general principles for agencies to apply in developing guidance documents for recipients pursuant to the Executive Order.

‘‘Enforcement of Title VI of the Civil Rights Act of 1964 National Origin Discrimination Against Persons With Limited English Proficiency,’’ 65 FR 50123 (August 16, 2000) (‘‘DOJ LEP
Guidance’’).

Subsequently, Federal agencies raised questions regarding the requirements of the Executive Order, especially in light of the Supreme Court’s decision in

Alexander v. Sandoval, 532 U.S. 275 (2001). On October 26, 2001, the Civil Rights Division of DOJ issued a memorandum clarifying and reaffirming the DOJ LEP Guidance in light of Sandoval.[1] The Assistant Attorney

General stated that because Sandoval did not invalidate any Title VI regulations that proscribe conduct that has a disparate impact on covered groups—the types of regulations that form the legal basis for the part of Executive Order 13166 that applies to federally assisted programs and


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3 However, if a Federal agency were to decide to terminate Federal funds based on noncompliance with Title VI or its regulations, only funds directed to the particular program or activity that is out of compliance would be terminated. 42 U.S.C. 2000d–

1. 4 For additional guidance on providing meaningful access to LEP individuals at public hearings or meetings, see Department of Housing and Urban Development Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 68 FR
70980 (Dec. 19, 2003) (available at http:// www.lep.gov). activities—the Executive Order remains

in force. Mindful of the limitations on bringing a private action to enforce Title VI regulations addressing disparate impact, DoD is committed to vigorously enforcing the requirements of Title VI and its implementing regulations on

behalf of LEP beneficiaries and other LEP persons encountered by DoD assisted agencies and entities.

This Guidance document is thus published at the direction of Executive Order 13166 and pursuant to Title VI and the Title VI regulations. It is consistent with the relevant DOJ Guidance. 67 FR 41455 (June 18, 2002)
(also available at www.lep.gov ).

III. Who is covered?

All entities that receive Federal
financial assistance from the DoD, either directly or indirectly, through a grant, cooperative agreement, contract or subcontract, and operate programs or activities or portions thereof in the
United States and its territories, are covered by this Guidance. Title VI applies to all Federal financial
assistance, which includes but is not

limited to awards and loans of Federal
funds, awards or donations of Federal land or property, details of Federal or Federally funded personnel, or any agreement, arrangement or other contract that has as one of its purposes the provision of assistance.

Examples of recipients of DoD assistance covered by this Guidance
include, but are not limited to:

— State and local government agencies and any other entities that

receive DoD-donated land or land that is
sold at a below-market rate; and

— Organizations and institutions, such as nonprofit organizations or educational institutions, receiving grants to conduct scientific, medical,

environmental or other research.

Title VI prohibits discrimination in any program or activity that receives

Federal financial assistance. In most cases, when a recipient receives Federal financial assistance for a particular program or activity, all operations of the recipient are covered by Title VI, not just the part of the program that uses the Federal assistance. Thus, all parts of the recipient’s operations would be covered by Title VI, even if the Federal assistance were used only by one part. 3 Sub-recipients likewise are covered when Federal funds are passed through from one recipient to a sub-recipient.

Finally, some recipients operate in jurisdictions in which English has been declared the official language. Nonetheless, these recipients continueto be subject to Federal nondiscrimination requirements, including those applicable to the provision of federally assisted services to persons with limited English proficiency.

IV. Who is a limited English proficient

individual?

Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be limited English proficient, or ‘‘LEP,’’ entitled to language assistance with respect to a particular type of service, benefit, or

encounter.

Examples of populations likely to include LEP persons who are encountered and/or served by DoD recipients and should be considered when planning language services
include, but are not limited to:

—Persons who are included in DoDfunded medical studies; —Persons who participate in support

groups that are funded by DoD;

—Persons who encounter or who are

eligible to receive benefits or services from a state or local agency that is a recipient of DoD assistance; —Persons who encounter or are eligible

to participate in portions of programs or activities of an institution of higher learning that receives DoD assistance; —Persons who are served by programs

or activities run by recipients of DoDdonated land; —Persons who attend community

meetings or other public meetings organized by DoD recipients; 4 —Other LEP persons who encounter or

are eligible to receive benefits or services from DoD recipients; and —Parents and family members of the

above.

V. How does a recipient determine the extent of its obligation to provide LEP

services?

Recipients are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following
four factors: (1) The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or activity or portion thereof; (2) the frequency with which

LEP individuals come in contact with the program or activity or portion thereof; (3) the nature and importance of the program, activity, service, benefit, or information provided by the recipient to people’s lives; and (4) the resources available to the grantee/recipient and
costs. As indicated above, the intent of this Guidance is to suggest a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small business, small local governments, or small nonprofits.

After applying the above four-factor analysis, a recipient may conclude that different language assistance measures are sufficient for the different types of encounters. For instance, some portions of a recipient’s program or activity will be more important than others and/or have greater impact on or contact with LEP persons, and thus may require more in the way of language assistance. The flexibility that recipients have in addressing the needs of the LEP populations they serve does not
diminish, and should not be used to minimize, the obligation that those needs be addressed. DOD recipients should apply the following four factors to the various kinds of contacts that they have with the public to assess language needs and decide what reasonable steps they should take to ensure meaningful access for LEP persons.

(1) The Number or Proportion of LEP

Persons Served or Encountered in the Eligible Service Population

One factor in determining what language services recipients should provide is the number or proportion of LEP persons from a particular language group served or encountered in the eligible service population. The greater the number or proportion of these LEP persons, the more likely language services are needed. Ordinarily, persons ‘‘eligible to be served or likely to be encountered by’’ a recipient’s program or activity are those who are served or encountered in the eligible service population. This population will be program-specific, and includes persons who are in the geographic area that has been approved by a Federal grant agency as the recipient’s service area. However, where, for instance, a regional office of a nonprofit that provides support services for cancer survivors serves a large LEP population, the appropriate service area is most likely


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5 The focus of the analysis is on lack of English proficiency, not the ability to speak more than one language. Note that demographic data may indicate the most frequently spoken languages other than English and the percentage of people who speak that language who speak or understand English less than well. Some of the most commonly spoken languages other than English may be spoken by people who are also overwhelmingly proficient in English. Thus, they may not be the languages spoken most frequently by limited English proficient individuals. When using demographic data, it is important to focus in on the languages spoken by those who are not proficient in English. 6 Small recipients with limited resources may find that entering into a telephonic interpretation service contract will prove cost effective. the regional office of the nonprofit organization, and not the entire population served by the non-profit. Where no service area has previously been approved, the relevant service area may be that which is approved by state or local authorities or designated by the recipient itself, provided that these designations do not themselves discriminatorily exclude certain populations. In addition, there may be circumstances in which recipients appropriately identify English language skills as an eligibility criterion, such as in the case of a university English language masters program. But other portions of the program, such as a university daycare or clinic open to the public, or various public community events, cultural exchanges, campus security, or other portions of a recipient’s operations, may have a more significant LEP population that may be encountered or is eligible to participate. When considering the number or proportion of LEP individuals in a service area, recipients should considerLEP parent(s) when their Englishproficient or LEP minor children and dependents encounter the recipient’s
program or activity.

Recipients should first examine their prior experiences with LEP encounters and determine the breadth and scope of language services that were needed. In conducting this analysis, it is important to include language minority populations that are eligible for their programs or activities but may be underserved because of existing language barriers.

Other data in addition to prior experiences should be consulted to refine or validate a recipient’s prior experience, including the latest census
data for the area served, data from school systems and from community organizations, and data from state and local governments. 5 Community agencies, school systems, religious organizations, legal aid entities, and others can often assist in identifying populations for whom outreach is

needed and who would benefit from the recipients’ programs and activities were language services provided.

(2) The Frequency With Which LEP

Individuals Come in Contact With the Program

Recipients should assess, as accurately as possible, the frequency with which they have or should have

contact with an LEP individual from different language groups seeking assistance. The more frequent the contact with a particular language group, the more likely that enhanced language services in that language are needed. The steps that are reasonable for a recipient that serves an LEP person on a one-time basis will be very different than those expected from a recipient that serves LEP persons daily.

It is also advisable to consider the frequency of different types of language contacts. For example, frequent contacts with Spanish-speaking people who are LEP may require certain assistance in Spanish. Less frequent contact with different language groups may suggest a

different and less intensified solution. If an LEP individual accesses a program or service on a daily basis, a recipient has greater duties than if the same individual’s program or activity contact is unpredictable or infrequent. But even recipients that serve LEP persons on an unpredictable or infrequent basis should use this balancing analysis to determine

what to do if an LEP individual seeks services under the program in question. This plan need not be intricate. It may be as simple as being prepared to use one of the commercially-available telephonic interpretation services to obtain immediate interpreter services. In applying this standard, recipients

should take care to consider whether appropriate outreach to LEP persons could increase the frequency of contact with LEP language groups.

(3) The Nature and Importance of the Program, Activity, or Service Provided by the Program

The more important the activity, information, service, or program, or the greater the possible consequences of the
contact to the LEP individuals, the more likely language services are needed. A recipient needs to determine whether denial or delay of access to services or
information could have serious,economic, safety, education or even lifethreatening implications for the LEP individual. For instance, the obligations of a federally assisted entity providing

medical advice or services differ from those of a federally assisted program providing purely recreational activities (however, if a language barrier could result in denial or delay of access to important benefits, services, or
information, or have a serious implication for a LEP person who participates in the recreational activity, the legal obligation to provide language

services in that circumstance would be higher). Decisions by a Federal, state, or local entity to make an activity compulsory or required in order to maintain or receive an important benefit or service or preserve a right, such as access to medical care, appeals procedures, or compliance with rules and responsibilities, can serve as strong evidence of the program’s importance.

(4) The Resources Available to the Recipient and Costs

A recipient’s level of resources and the costs that would be imposed on it may have an impact on the nature of the steps it should take. Smaller recipients with more limited budgets are not expected to provide the same level of language services as larger recipients with larger budgets. In addition, ‘‘reasonable steps’’ may cease to be reasonable where the costs imposed substantially exceed the benefits.

Resource and cost issues, however, can often be reduced by technological advances; the sharing of language assistance materials and services among and between recipients, advocacy groups, and Federal grant agencies; and reasonable business practices. Where appropriate, training bilingual staff to act as interpreters and translators, information sharing through industry groups, telephonic and video conferencing interpretation services, pooling resources and standardizing
documents to reduce translation needs, using qualified translators and interpreters to ensure that documents

need not be ‘‘fixed’’ later and that inaccurate interpretations do not cause delay or other costs, centralizing interpreter and translator services to
achieve economies of scale, or the formalized use of qualified community volunteers, for example, may help

reduce costs. 6

Recipients should carefully explore

the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns. Large entities and those entities serving a significant number or proportion of LEP persons should ensure that their

resource limitations are wellsubstantiated before using this factor as a reason to limit language assistance. Such recipients may find it useful to be


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7 Many languages have ‘‘regionalisms,’’ or differences in usage. For instance, a word that may be understood to mean something in Spanish for someone from Cuba may not be so understood by

someone from Mexico. In addition, because there may be languages which do not have an appropriate direct interpretation of some terms, the interpreter

or translator should be so aware and be able to provide the most appropriate interpretation. The interpreter should make the recipient aware of the issue and the interpreter and recipient can then work to develop a consistent and appropriate set of descriptions of these terms in that language that can be used again, when appropriate. able to articulate, through

documentation or in some other reasonable manner, their process for determining that language services

would be limited based on resources or

costs.

This four-factor analysis necessarily implicates the ‘‘mix’’ of LEP services required. Recipients have two main ways to provide language services: Oral interpretation either in person or via telephone interpretation service (hereinafter ‘‘interpretation’’) and
written translation (hereinafter ‘‘translation’’). Oral interpretation can range from on-site interpreters for critical services provided to a high volume of LEP persons to access through commercially-available telephonic interpretation services. Written translation, likewise, can range

from translation of an entire document to translation of a short description of the document. In some cases, language

services should be made available on an expedited basis while in others the LEP individual may be referred to another office of the recipient for language

assistance.

The correct mix should be based on what is both necessary and reasonable in light of the four-factor analysis. For instance, a job training center that was created three years ago after DoD donated land from a former military base serves a large Hispanic population. The job training center may need immediate oral interpreters to be available and should give serious consideration to hiring some bilingual staff if they have not done so already. By contrast, the center may be able to rely on a telephonic interpretation

service to assist those LEP individuals who speak a language that is not commonly encountered by the center. Regardless of the type of language service provided, quality and accuracy

of those services can be critical in order to avoid serious consequences to the LEP person and to the recipient. Recipients have substantial flexibility in determining the appropriate mix.

VI. Selecting Language Assistance

Services

Academic institutions, nonprofit organizations, and other recipients of DoD funds have a long history of interacting with people with varying language backgrounds and capabilities. In fact, many DoD recipients choose not only to provide interpretation and translation services, but also to provide English-language training for LEP individuals. This approach is consistent with the purpose of Executive Order 13166. DoD’s goal is to continue to encourage these efforts and to encourage the sharing of such promising practices among recipients, as well as to ensure meaningful linguistic access for LEP

individuals.

Recipients have two main ways to provide language services: oral and written language services. Quality and accuracy of the language service is

critical in order to avoid serious consequences to the LEP person and to the recipient.

A. Oral Language Services (Interpretation)

Interpretation is the act of listening to something in one language (source language) and orally translating it into another language (target language). Where interpretation is needed and is reasonable, recipients should consider some or all of the following options for providing competent interpreters in a timely manner:
—When providing oral assistance,

recipients should ensure competency of the language service provider, no matter which of the strategies outlined below are used. Competency requires more than self-identification as bilingual. Some bilingual staff and community volunteers, for instance, may be able to communicate effectively in a different language when communicating information directly in that language, but not be competent to interpret in and out of English. Likewise, they may not be

able to do written translations. —Competency to interpret, however,

does not necessarily mean formal certification as an interpreter, although certification is helpful. When using interpreters, recipients should ensure that they: —Demonstrate proficiency in and

ability to communicate information accurately in both English and in the other language and identify and employ the appropriate mode of interpreting ( e.g., consecutive, simultaneous, summarization, or sight
translation); —Have knowledge in both languages of

any specialized terms or concepts peculiar to the entity’s program or activity and of any particularized vocabulary and phraseology used by the LEP person; 7 and understand and follow confidentiality and impartiality rules to the same extent the recipient employee for whom they are interpreting and/or to the extent their position requires;

—Understand and adhere to their role as

interpreters without deviating into a role as counselor, legal advisor, or other roles, particularly in a formal context such as a hearing.
While quality and accuracy of language services is critical, the quality and accuracy of language services is nonetheless part of the appropriate mix of LEP services required. The quality and accuracy of language services provided during the medical screening

of a LEP individual must be extraordinarily high, while the quality and accuracy of language services provided at a university’s social program need not meet the same exacting standards.

Finally, when interpretation is needed and is reasonable, it should be provided in a timely manner. To be meaningfully effective, language assistance should be timely. While there is no single definition for ‘‘timely’’ applicable to all types of interactions at all times by all types of recipients, one clear guide is that the language assistance should be provided at a time and place that avoids
the effective denial of the service, benefit, or right at issue or the imposition of an undue burden on or delay in important rights, benefits, or services to the LEP person. For example,

when the timeliness of services is important, such as with certain activities of DOD recipients providing
health, economic, educational, and safety services on DOD-donated land, a recipient would likely not be providing meaningful access if it had one bilingual staffer available one day a week to provide the service. Such conduct would likely result in delays for LEP persons that would be significantly greater than those for English proficient persons. Conversely, where access to or exercise of a service, benefit, or right is not effectively precluded by a reasonable delay, language assistance can likely be delayed for a reasonable period.

Hiring Bilingual Staff. When particular languages are encountered often, hiring bilingual staff offers one of
the best and often most economical, options. Recipients can, for example, fill public contact positions, such as receptionists, guards, or social workers, with staff who are bilingual and competent to communicate directly with LEP persons in their language. If


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bilingual staff are also used to interpret between English speakers and LEP persons, or to orally interpret written documents from English into another language, they should be competent in the skill of interpreting. Being bilingual does not necessarily mean that a person has the ability to interpret. In addition, there may be times when the role of the bilingual employee may conflict with the role of an interpreter. Effective management strategies, including any appropriate adjustments in assignments and protocols for using bilingual staff, can ensure that bilingual staff are fully and appropriately utilized. When bilingual staff cannot meet all of the language service obligations of the recipient, the recipient should turn to other options.

Hiring Staff Interpreters. Hiring interpreters may be most helpful where there is a frequent need for interpreting services in one or more languages. Depending on the facts, sometimes it may be necessary and reasonable to provide on-site interpreters to provide accurate and meaningful communication with an LEP person.

Contracting for Interpreters. Contract interpreters may be a cost-effective option when there is no regular need for a particular language skill. In addition to commercial and other private providers, many community-based organizations and mutual assistance associations provide interpretation services for particular languages. Contracting with and providing training regarding the recipient’s programs and processes to these organizations can be a cost-effective option for providing language services to LEP persons from those language groups.

Using Telephone Interpreter Lines. Telephone interpreter service lines often offer speedy interpreting assistance in many different languages. They may be particularly appropriate where the mode of communicating with an English proficient person would also be over the phone. Although telephonic interpretation services are useful in many situations, it is important to ensure that, when using such services, the interpreters used are competent to interpret any technical or legal terms specific to a particular program that may be important parts of the conversation. Nuances in language and non-verbal

communication can often assist an interpreter and cannot be recognized over the phone. Video teleconferencing may sometimes help to resolve this issue where appropriate or necessary. In addition, where documents are being discussed, it is important to give telephonic interpreters adequate opportunity to review the document prior to the discussion and any logistical problems should be addressed.

Using Community Volunteers. In addition to consideration of bilingual staff, staff interpreters, or contract interpreters (either in-person or by telephone) as options to ensure meaningful access by LEP persons, use of recipient-coordinated community volunteers, working with, for instance, community-based organizations may provide a cost-effective supplemental language assistance strategy under appropriate circumstances. They may be particularly useful in providing language access for a recipient’s less critical programs and activities. To the extent the recipient relies on community volunteers, it is often best to

use volunteers who are trained in the information or services of the program and can communicate directly with LEP persons in their language. Just as with all interpreters, community volunteers used to interpret between English speakers and LEP persons, or to orally
translate documents, should be competent in the skill of interpreting and knowledgeable about applicable confidentiality and impartiality rules. Recipients should consider formal arrangements with community-based organizations that provide volunteers to address these concerns and to help

ensure that services are available more regularly.

Use of Family and Friends and Informal Interpreters. Although recipients should not plan to rely on an LEP person’s family members, friends, or other informal interpreters to provide meaningful access to important programs and activities, where LEP persons so desire, they should be permitted to use, at their own expense, an interpreter of their own choosing (whether a professional interpreter, family member, friend, or other person) in place of or as a supplement to the free language services expressly offered by the recipient. LEP persons may feel more comfortable when a trusted family member or friend acts as an interpreter. The recipient should take care to ensure that the LEP person’s choice is voluntary, that the LEP person is aware of the possible problems if the preferred interpreter is a minor child, and that the LEP person knows that a competent interpreter could be provided by the recipient at no cost. In addition, in exigent circumstances that are not reasonably foreseeable, temporary use of interpreters not provided by the recipient may be necessary. However, with proper planning and implementation, recipients should be

able to avoid most such situations. Recipients, however, should take special care to ensure that informal interpreters are appropriate in light of the circumstances and subject matter of the program, service or activity, including protection of the recipient’s

own administrative or enforcement interest in accurate interpretation. In many circumstances, family members (especially children), friends, or other informal interpreters are not competent to provide quality and accurate interpretations. Issues of confidentiality, privacy, or conflict of interest may also arise. LEP individuals may feel uncomfortable revealing or describing sensitive, confidential, or potentially embarrassing information to a family
member, friend, or member of the local community. In addition, such informal interpreters may have a personal connection to the LEP person or an

undisclosed conflict of interest. For these reasons, when oral language services are necessary, recipients should generally offer competent interpreter services free of cost to the LEP person. For DoD recipient programs and activities, this is particularly true in situations in which health, safety,
economic livelihood, or access to important benefits and services are at
stake, or when mistakes in interpretation or translation could have other serious consequences to the LEP

person.

While issues of competency, confidentiality, and conflict of interest in the use of family members, friends, or other informal interpreters often make their use inappropriate, the use of these individuals as interpreters may be an appropriate option where proper application of the four factors wouldlead to a conclusion that recipientprovided services are not necessary. An example of this is a voluntary educational tour of a DoD facility offered to the public. There, the importance and nature of the activity may be relatively low and unlikely to implicate issues of confidentiality,
conflict of interest, or the need for accuracy. In addition, the resources needed and costs of providing language services may be high, and the number or proportion and frequency of LEP encounters may be quite low. In such a setting, an LEP person’s use of family, friends, or others to interpret may be appropriate. However, children should not be used as interpreters.

B. Written Language Services (Translation)

Translation is the replacement of a written text from one language (source language) into an equivalent written text in another language (target language).


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What Documents Should be

Translated? After applying the fourfactor analysis, a recipient may determine that an effective LEP plan for its particular program or activity

includes the translation of vital written materials into the language of each frequently-encountered LEP group eligible to be served and/or likely to be affected by the recipient’s program.

Such written materials could include, for example: ——Consent, application, and

complaint forms; ——Intake forms with the potential for

important consequences; ——Written notices of rights, denial,

loss, or decreases in benefits or services, and other hearings; ——Notices advising LEP persons of

free language assistance;

——Written tests that do not assess

English language competency, but test competency for a particular license, job, or skill for which knowing English is not required; ——Applications to participate in a

recipient’s program or activity or to receive recipient benefits or services.

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 consequence to the LEP person if the information in question is not provided accurately or in a timely manner. For instance, a flyer announcing a soccer program run by a city agency at a former military base that was donated to that agency would not generally be considered vital, whereas

written information about the application process for new affordable housing provided by the agency at that same base should likely be considered vital. Where appropriate, recipients are encouraged to create a plan for consistently determining, over time and
across its various activities, what documents are ‘‘vital’’ to the meaningful access of the LEP populations they

serve.

Categorizing a document as vital or
non-vital is sometimes difficult, especially in the case of outreach

materials like brochures or other information on rights and services. Awareness of rights or services is an important part of ‘‘meaningful access.’’ Lack of awareness that a particular program, right, or service exists may effectively deny LEP individuals meaningful access. Thus, where a recipient is engaged in community

outreach activities in furtherance of its activities, it should regularly assess the needs of the populations frequently encountered or affected by the program or activity to determine whether certain

critical outreach materials should be translated. Community organizations may be helpful in determining what outreach materials may be most helpful to translate. In addition, the recipient

should consider whether translations of outreach material may be made more

effective when done in tandem with other outreach methods, including utilizing the ethnic media, schools, and religious and community organizations to spread a message.

Sometimes a document includes both

vital and non-vital information. This may be the case when the document is very large. It may also be the case when the title and a phone number for obtaining more information on thecontents of the document in frequentlyencountered languages other than English is critical, but the document is sent out to the general public and cannot reasonably be translated into many languages and/or the language of the recipient is not known. Thus, vital information may include, for instance, the provision of information in appropriate languages other than English regarding where a LEP person might obtain an interpretation or

translation of the document.

Into What Languages Should

Documents be Translated? The languages spoken by the LEP individuals with whom the recipient has contact determine the languages

into which vital documents should be

translated. A distinction should be made, however, between languages that are frequently encountered by arecipient and less commonlyencountered languages. Many recipients serve communities in large cities or across the country. They regularly serve LEP persons who speak dozens and sometimes over 100 different languages.

To translate all written materials into all of those languages is unrealistic, for although recent technological advances have made it easier for recipients to
store and share translated documents, such an undertaking could incur substantial costs and require substantial
resources. Nevertheless, wellsubstantiated claims of lack of resources

to translate all vital documents into dozens of languages do not necessarily relieve the recipient of the obligation to

translate those documents into at leastseveral of the more frequentlyencountered languages and to set

benchmarks for continued translations into the remaining languages over time. As a result, the extent of the recipient’s obligation to provide written

translations of documents should bedetermined by the recipient on a caseby-case basis, looking at the totality of the circumstances in light of the fourfactor analysis. Because translation is a one-time expense, consideration should be given to whether the upfront cost of translating a document (as opposed to oral interpretation) should be amortized over the likely lifespan of the document when applying this four-factor analysis.

Safe Harbor. Many recipients would like to ensure with greater certainty that they comply with their obligations to provide written translations in languages other than English. Paragraphs (a) and (b) below outline the circumstances that can provide a ‘‘safe harbor’’ for recipients regarding the requirements for translation of written

materials. A ‘‘safe harbor’’ means that if a recipient provides written translations
under these circumstances, such action will be considered strong evidence ofcompliance with the recipient’s writtentranslation obligations.

The failure to provide written

translations under the circumstances outlined in paragraphs (a) and (b) does not mean there is non-compliance. Rather, they provide a common starting point for recipients to consider whether and at what point the importance of the service, benefit, or activity involved; the nature of the information sought; and the number or proportion of LEP persons served call for written translations of commonly-used forms into frequently-encountered languages other than English. Thus, these paragraphs merely provide a guide for recipients that would like greater certainty of compliance than can be provided by a fact-intensive, four-factor analysis.

Example: Even if the safe harbors are
not used, if written translation of a
certain document(s) would be so burdensome as to defeat the legitimate objectives of its program, the translation of the written materials is not necessary. Other ways of providing meaningful
access, such as effective oral interpretation of certain vital documents, might be acceptable under

such circumstances.

When determining whether to provide translated documents or oral language services, recipients should consider the literacy rates of the LEP communities they serve. For example, certain languages ( e.g., Hmong) until recently
have been oral and not written, thus a high percentage of such LEP speakers may be unable to read translated

documents or written instructions. Data analysis, utilizing information from a range of community groups and other sources, may provide a recipient with insight into whether translation of vital documents meets the goal of providing meaningful access, or whether it makes


### 8835 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices

8 For those languages in which no formal accreditation currently exists, a particular level of membership in a professional translation association can provide some indicator of professionalism. more sense to focus those resources onoral, and, where appropriate, graphicsor visually-based information exchange.

Safe Harbor. The following actions will be considered strong evidence ofcompliance with the recipient’s writtentranslation obligations:

(a) The DoD recipient provides

written translations of vital documents for each eligible LEP language group that constitutes five percent or 1,000, whichever is less, of the population of persons eligible to be served or likely to

be affected or encountered. Translation
of other documents, if needed, can be provided orally; or

(b) If there are fewer than 50 persons in a language group that reaches the five percent trigger in (a), the recipient does

not translate vital written materials but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials,

free of cost.

These safe harbor provisions apply to

the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language

services are needed and are reasonable. For example, even when there is only one LEP individual who is participating in a medical study, vital information should be provided orally in a language that person understands, even if it is not translated in writing.

Competence of Translators. As with oral interpreters, translators of written documents should be competent. Many of the same considerations apply. However, the skill of translating is very different from the skill of interpreting, and a person who is a competent interpreter may or may not be competent to translate.

Particularly where legal or other vital documents are being translated, competence can often be achieved by

use of certified translators. Certification or accreditation may not always be possible or necessary. 8 Competence can often be ensured by having a second, independent translator ‘‘check’’ the work of the primary translator. Alternatively, one translator can
translate the document, and a second, independent translator could translate it back into English to check that the appropriate meaning has been conveyed. This is called ‘‘back

translation.’’ Translators should understand the expected reading level of the audience and, where appropriate, have fundamental knowledge about the target language group’s vocabulary and phraseology. Sometimes direct

translation of materials results in a

translation that is written at a much more difficult level than the English language version or has no relevant equivalent meaning. Community organizations may be able to help

consider whether a document is written at an appropriate level for the audience. Also, there may be languages which do not have an appropriate direct

translation of some terms. The translator should make the recipient aware of this. Recipients can then work with translators to develop a consistent and appropriate set of descriptions of these terms in that language that can be used again, when appropriate. Likewise, consistency in the words and phrases used to translate terms of art, legal, or other technical concepts helps avoid confusion by LEP individuals and mayreduce costs. Creating or using alreadycreated glossaries of commonly-used terms may be useful for LEP persons

and translators and cost effective for the recipient. Providing translators with examples of previous accurate translations of similar material by the recipient, other recipients, or Federal agencies may be helpful.

While quality and accuracy of
translation services is critical, the quality and accuracy of translation services is nonetheless part of the appropriate mix of LEP services required. For instance, documents that are simple and have no legal or other consequence for LEP persons who rely on them may call for translators that are less skilled than important documents with legal or other information upon which reliance has important consequences (including, e.g., information or documents of DoD recipients regarding certain health, economic, education, and safety services). The permanent nature of written translations, however, imposes additional responsibility on the recipient to ensure that the quality and accuracy permit meaningful access by
LEP persons.

VII. Elements of Effective Plan on Language Assistance for LEP Persons

After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient should develop an implementation plan to address the identified needs of the LEP populations they serve. Recipients have considerable flexibility in developing this plan. The development and maintenance of a periodically-updated written plan on language assistance for LEP persons (‘‘LEP plan’’) for use by recipient employees serving the public will likelybe the most appropriate and costeffective means of documenting compliance and providing a framework for the provision of timely and reasonable language assistance. Moreover, such written plans would likely provide additional benefits to a recipient’s managers in the areas of training, administration, planning, and budgeting. These benefits should lead most recipients to document in a written LEP plan their language
assistance services, and how staff and LEP persons can access those services. Despite these benefits, certain DoD recipients, such as recipients serving very few LEP persons and recipients with very limited resources, may choose not to develop a written LEP plan.
However, the absence of a written LEP plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to a recipient’s program or activities. Accordingly, in the event that a recipient elects not to develop a written plan, it should consider alternative ways to articulate in some other reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, religious organizations, community groups, and groups working with new immigrants can be very helpful in providing important input into this planning process from the beginning.

The following five steps may be helpful in designing an LEP plan and are typically part of effective implementation plans.

(1) Identifying LEP Individuals Who Need Language Assistance

The first two factors in the four-factor analysis require an assessment of the number or proportion of LEP individuals eligible to be served or encountered and the frequency of encounters. This requires recipients to identify LEP persons with whom it has

contact.

One way to determine the language of communication is to use language identification cards (or ‘‘I speak cards’’), which invite LEP persons to identify their language needs to staff. Such cards, for instance, might say ‘‘I speak Spanish’’ in both Spanish and English, ‘‘I speak Vietnamese’’ in both English
and Vietnamese, etc. To reduce costs of compliance, the Federal government has

made a set of these cards available on

the Internet. The Census Bureau ‘‘I speak card’’ can be found and


### 8836 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices

9 The Social Security Administration has made such signs available at http://www.ssa.gov/ multilanguage/langlist1.htm. These signs could, for example, be modified for recipient use. downloaded at http://www.usdoj.gov/

crt/cor/13166.htm and www.lep.gov. When records are normally kept of past interactions with members of the public, the language of the LEP person can be included as part of the record. In addition to helping employees identify the language of LEP persons they encounter, this process will help in future applications of the first two factors of the four-factor analysis. In addition, posting notices in commonly encountered languages notifying LEP persons of language assistance will encourage them to self-identify.

(2) Language Assistance Measures

An effective LEP plan would likely include information about the ways in which language assistance will be provided. For instance, recipients may

want to include information on at least the following:

—Types of language services available.

—How staff can obtain those services.

—How to respond to LEP callers.

—How to respond to written

communications from LEP persons.

—How to respond to LEP individuals

who have in-person contact with recipient staff.

—How to ensure competency of

interpreters and translation services.

(3) Training Staff

Staff should know their obligations to provide meaningful access to

information and services for LEP persons. An effective LEP plan would likely include training to ensure that:

—Staff know about LEP policies and

procedures.

—Staff having contact with the public

(or those in a recipient’s custody) aretrained to work effectively with inperson and telephone interpreters.

Recipients may want to include this training as part of the orientation for new employees. It is important to ensure that all employees in public contact positions (or having contact with those in a recipient’s custody) are properly trained. Recipients have flexibility in deciding the manner in which the training is provided. The more frequent the contact with LEP persons, the greater the need will be for in-depth training. Staff with little or no contact with LEP persons may only have to be aware of an LEP plan. However, management staff, even if they do not interact regularly with LEP persons, should be fully aware of and understand the plan so they can reinforce its importance and ensure its implementation by staff. (4) Providing Notice to LEP Persons

Once an agency has decided, based on the four factors, that it will provide language services, it is important for the recipient to let LEP persons know that

those services are available and that they are free of charge. Recipients should provide this notice in a language LEP persons will understand. Examples of notification that recipients should

consider include:

Posting signs in intake areas and other entry points. When language assistance is needed to ensure meaningful access
to information and services, it is important to provide notice in appropriate languages in intake areas or initial points of contact so that LEP persons can learn how to access those language services. This is particularly true in areas with high volumes of LEP persons seeking access to certain health, educational, safety, or economic services or activities run by DOD recipients. For instance, signs in intake offices could state that free language assistance is available. The signs should

be translated into the most common languages encountered. They should explain how to get the language help. 9

—Stating in outreach documents that

language services are available from the agency. Announcements could be
in, for instance, brochures, booklets,

and in outreach and recruitment

information. These statements should

be translated into the most common languages and could be ‘‘tagged’’ onto

the front of common documents.

—Working with community-based

organizations and other stakeholders

to inform LEP individuals of the recipients’ services, including the availability of language assistance

services.

—Using a telephone voice mail menu.

The menu could be in the most common languages encountered. It should provide information about available language assistance services and how to get them.

—Including notices in local newspapers

in languages other than English.

—Providing notices on non-Englishlanguage radio and television stations about the available language assistance services and how to get

them.

—Presentations and/or notices at

schools and religious organizations. (5) Monitoring and Updating the LEP

Plan

Recipients should, where appropriate, have a process for determining, on an ongoing basis, whether new documents, programs, services, and activities need

to be made accessible for LEP individuals, and they may want to provide notice of any changes in services to the LEP public and to employees. In addition, recipients should consider whether changes in demographics, types of services, or other needs require annual reevaluation of their LEP plan. Less frequent reevaluation may be more appropriate where demographics, services, and needs are more static. One good way to evaluate the LEP plan is to seek feedback from the community.

In their reviews, recipients may want to consider assessing changes in:
—Current LEP populations in service

area or population affected or

encountered. —Frequency of encounters with LEP

language groups. —Nature and importance of activities to

LEP persons. —Availability of resources, including

technological advances and sources of
additional resources, and the costs imposed. —Whether existing assistance is

meeting the needs of LEP persons.

—Whether staff knows and understands

the LEP plan and how to implement

it.

—Whether identified sources for

assistance are still available and

viable.

In addition to these five elements, effective plans set clear goals, management accountability, and opportunities for community input and planning throughout the process.

VIII. Voluntary Compliance Effort

The goal for Title VI and Title VI regulatory enforcement is to achieve voluntary compliance. The requirement to provide meaningful access to LEP persons is enforced and implemented by DoD through the procedures identified in the Title VI regulations. These procedures include complaint investigations, compliance reviews, efforts to secure voluntary compliance,

and technical assistance.

The Title VI regulations provide that DoD will investigate whenever it receives a complaint, report, or other information that alleges or indicates possible noncompliance with Title VI or its regulations. If the investigation results in a finding of compliance, DoD will inform the recipient in writing of this determination, including the basis


### 8837 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices

for the determination. The DoD uses voluntary mediation to resolve most complaints. However, if a case is fully investigated and results in a finding of noncompliance, DoD must inform the recipient of the noncompliance through a Letter of Findings that sets out the areas of noncompliance and the steps

that must be taken to correct the noncompliance. It must attempt to secure voluntary compliance through

informal means. If the matter cannot be resolved informally, DoD must secure compliance through the termination of

Federal assistance after the DoD recipient has been given an opportunity for an administrative hearing and/or by referring the matter to a DOJ litigation section to seek injunctive relief or pursue other enforcement proceedings. The DoD engages in voluntary compliance efforts and provides technical assistance to recipients at all stages of an investigation. During these efforts, DoD proposes reasonable timetables for achieving compliance and consults with and assists recipients in exploring cost-effective ways of coming into compliance. In determining a recipient’s compliance with the Title VI regulations, the DoD’s primary concern is to ensure that the recipient’s policies and procedures provide meaningful access for LEP persons to the recipient’s programs and activities.

While all recipients must work toward building systems that will
ensure access for LEP individuals, DoD acknowledges that the implementation of a comprehensive system to serve LEP individuals is a process and that a system will evolve over time as it is implemented and periodically reevaluated. As recipients take reasonable steps to provide meaningful access to federally assisted programs and activities for LEP persons, DoD will look favorably on intermediate steps recipients take that are consistent with this Guidance, and that, as part of a broader implementation plan or schedule, move their service delivery system toward providing full access to LEP persons. This does not excuse noncompliance but instead recognizes that full compliance in all areas of a recipient’s activities and for all potential language minority groups may reasonably require a series of implementing actions over a period of time. However, in developing any phased implementation schedule, DoD recipients should ensure that the provision of appropriate assistance for significant LEP populations or with respect to activities having a significant impact on the health, safety, legal rights,
education, economic status, or livelihood of beneficiaries is addressed first. Recipients are encouraged to document their efforts to provide LEP persons with meaningful access to federally assisted programs and

activities.

[FR Doc. 2012–3523 Filed 2–14–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**Publication of Housing Price Inflation Adjustment Under 50 U.S.C. App. § 531** 

**AGENCY :**  Office of the Under Secretary
for Personnel and Readiness, DoD.

**ACTION :**  Notice.

**SUMMARY :**  The Servicemembers Civil Relief Act, as codified at 50 U.S.C. App. § 531, prohibits a landlord from evicting
a Service member (or the Service member’s family) from a residence during a period of military service except by court order. The law as originally passed by Congress applied to dwellings with monthly rents of $2400 or less. The law requires the Department of Defense to adjust this amount annually to reflect inflation and to publish the new amount in the Federal Register . We have applied the inflation index required by the statute. The maximum monthly rental amount for 50 U.S.C. App. § 531 (a)(1)(A)(ii) as of January 1, 2012, will be $3,047.45.

**DATES :**  Effective Date: January 1, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Major Shawn McKelvy, Office of the Under Secretary of Defense for
Personnel and Readiness, (703) 697–

3387.

Patricia Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2012–3524 Filed 2–14–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**Termination of the Department of**

**Defense Web-Based TRICARE Assistance Program Demonstration** 

**AGENCY :**  Department of Defense, DoD.

**ACTION :**  Notice of demonstration

termination.

**SUMMARY :**  This notice is to advise interested parties of the termination of the Military Health System (MHS) demonstration project, under authority
of Title 10, U.S. Code, Section 1092, entitled Web-Based TRICARE Assistance Program (TRIAP). The demonstration project uses existing health care support contracts (HCSC) to

allow web-based behavioral health and related services including non-medical counseling and advice services to active duty service members (ADSM), their

families and members and their dependents enrolled in TRICARE Reserve Select, and those eligible for the Transition Assistance Management Program (TAMP) who reside in the

continental United States.

**DATES :**  The demonstration will
terminate on March 31, 2012.

**ADDRESSES :**  TRICARE Management Activity (TMA), Health Plan Operations, 5111 Leesburg Pike, Suite 810, Falls
Church, VA 22041.

**FOR FURTHER INFORMATION CONTACT :**  For questions pertaining to this demonstration project, please contact
Mr. Richard Hart at (703) 681–0047.

**SUPPLEMENTARY INFORMATION :**  This demonstration was effective August 1, 2009, as referenced in the original Federal Register Notice, 74 FR 36676, July 24, 2009. The demonstration was
extended to March 31, 2011, as referenced by Federal Register Notice, 75 FR 15693, March 30, 2010 and again
extended to March 31, 2012 as referenced by Federal Register Notice, 76 FR 12073, March 4, 2011. The demonstration provides capability for short-term, problem solving counseling between eligible beneficiaries and licensed counselors utilizing video technology and software such as Skype

or iChat. TRIAP services are available 24/7 and ADSMs, their spouses of any age, and other family members 18 years of age or older who reside in the United States are eligible to participate.

Enrollees in TRICARE Reserve Select

and the Transitional Assistance Management Program may also use the program. TRIAP is based on commercial employee assistance models andprovides counseling in a virtual face-toface environment. There is no diagnosis made, there are no limits to usage, and no notification about those seeking counseling are made to their primary care managers or others, unless required by the counselor’s licensure (e.g., spouse abuse). Participant confidentiality is protected, as no medical record entry is made.

Monthly measures of Web-based

behavioral health care access were collected and analyzed from each TRICARE region with the intent to inform Department leaders whether this type of program is a valid mechanism to improve access. Only 5109 calls were recorded in the two-year period from