[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Proposed Rules]
[Pages 9669-9673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03567]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 251

[Docket ID: DOD-2014-OS-0058]
RIN 0790-AJ28


National Language Service Corps (NLSC)

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION: Proposed rule.

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SUMMARY: This rule establishes in the Code of Federal Regulations the 
National Language Services Corps (NLSC) by describing the program and 
its responsibilities per the January 2013 National Defense 
Authorization Act which authorized the Secretary of Defense to 
establish the NLSC as a

[[Page 9670]]

permanent organization. The NLSC responds to federal agencies' needs 
for language skills in emergencies or surge requirements. Once a 
federal agency identifies a need, NLSC members are advised of the 
potential assignment. If an individual is interested and available, 
they go through a screening and selection process as discussed in the 
rule. The decision to use NLSC rests with the requesting agency and 
support agreements must be established before work can begin.

DATES: Comments must be received by April 27, 2015.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: John Demboski, 571-256-0654.

SUPPLEMENTARY INFORMATION: 

Executive Summary

I. Purpose of the Regulatory Action

    a. Purpose. NLSC may support DoD or other U.S. departments or 
agencies, in need of foreign language services, with requirements of 
less than 1 year. The NLSC will provide capable, federally-hired 
individuals to rapidly respond to critical national needs and assist 
DoD and other U.S. departments and agencies with surge or emergency 
requirements.
    b. Succinct statement of legal authority for the regulatory action.
    Authority: Applicable authorities include: 5 U.S.C. 3109 which 
authorizes the employment of experts and consultants on a temporary or 
intermittent basis; 18 U.S.C. 202 which defines ``special Government 
employee;'' 31 U.S.C. 1535 which authorizes the head of an agency or 
major organizational unit within an agency to place an order with a 
major organizational unit within the same agency or another agency for 
services; 50 U.S.C. 1913 which authorized the Secretary of Defense to 
establish and maintain the National Language Service Corps.

II. Summary of the Major Provisions of the Regulatory Action in 
Question

    The major provisions of this regulatory action include:
    a. Outlining NLSC membership criteria, member recruitment, 
appointment, and activation.
    b. Describing eligibility requirements for federal employees to 
participate in NLSC.

III. Costs and Benefits

    The Department of Defense and other federal departments and 
agencies have benefited from NLSC support utilizing high-level language 
skills of members not otherwise available to meet their organizations' 
short-term, immediate needs. The NLSC has established a means to access 
and maintain contact with citizens who are highly skilled in foreign 
languages. Since initial efforts in fiscal year 2007, the average 
annual cost to build, pilot and fully operationalize the NLSC has been 
$6.3 million. Current membership includes more than 5,000 members with 
skills in 315 foreign languages and dialects ready to serve national 
needs when called upon. Members hired to support missions have included 
the self-employed, retirees or students just entering the workforce, 
who proudly want to serve their nation. NLSC provides an opportunity to 
earn wages using their high-level language skills. As of June 2014, 
NLSC members have provided more than 28,000 hours of highly skilled 
foreign language support to 34 federal agencies and departments and 
their components.

SUPPLEMENTARY INFORMATION: 

Background

    In 2003, Congress tasked the Defense Language and National Security 
Education Office (DLNSEO), then known as the National Security 
Education Program (NSEP), with exploring the feasibility of 
establishing an organization of Americans with skills in critical 
languages that would serve in times of emergency or national need. NSEP 
prepared a feasibility study and follow-up planning that led to 
Congressional action in 2006. In the 2007 National Defense 
Authorization Act, the U.S. Congress included language directing the 
Secretary of Defense to initiate a pilot program that established a 
Civilian Linguist Reserve Corps. The government has since renamed that 
organization as the NLSC.
    In January 2013, President Barack Obama signed the National Defense 
Authorization Act which authorized the Secretary of Defense to 
establish the NLSC as a permanent organization. The NLSC operates under 
this authority with DLNSEO as its parent agency. DLNSEO provides 
strategic direction and programmatic oversight to the Military 
Departments, Defense field activities and the Combatant Commands on 
present and future requirements related to language, regional 
expertise, and culture.
    The NLSC does not offer permanent full-time or part-time jobs. The 
NLSC responds to federal agencies' needs for language skills in 
emergencies or surge requirements. For this reason, the NLSC does not 
maintain any postings or offer any job location services. Once a 
federal agency identifies a need, NLSC members are advised of the 
potential assignment. If an individual is interested and available, 
they go through a screening and selection process as discussed in this 
rule. The decision to use NLSC rests with the requesting agency and 
support agreements must be established before support can begin.
    The NLSC's charter is to provide short-term surge capability or to 
fill short term recurrent support that other existing capabilities 
cannot reasonably fill. Members have filled requirements that range 
from 15 minutes on the phone to 60 days in the field. If needed/
desired, it is possible for members to provide recurrent, short term 
support, such as for periodic exercises for up to approximately six 
months (130 work days or 1,040 hours, whichever comes first) in the 
member's service year.
    The NLSC uses the Federal Interagency Language Roundtable 
Proficiency Guidelines (http://govtilr.org/Skills/ILRscale1.htm) (the 
``ILR Scale'') in speaking, reading, and listening as a basis for 
determining eligibility for Membership. The NLSC's goal is 3/3/3 
proficiency (speaking/reading/listening) in at least one foreign 
language and in English.
    Initial non-English language proficiency is assessed by asking all 
NLSC applicants to complete a series of self-assessments to provide an 
indication of where they fall on the ILR scale. Members of the NLSC 
will normally undergo formal proficiency testing to verify the self-
assessments prior to participating in an assignment. Several factors 
may require formal proficiency testing, including the need for the NLSC 
and requesting agencies to

[[Page 9671]]

have formally-tested members available for assignments.
    Initial English language assessment will not normally be conducted 
for applicants who graduated from an accredited high school and spent 
at least three years in the US while attending high school. If an 
individual did not do so, he or she may be asked to undergo the same 
self-assessment process as for non-English language skills. Finally, a 
number of members may be asked to undergo formal proficiency testing in 
English.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This document will 
not mandate any requirements for State, local, or tribal governments, 
nor will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Department of Defense certifies that this proposed rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 251.6(c)(1)-(c)(3) of this proposed rule contain 
information collection requirements. DoD has submitted the following 
proposal to OMB under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35). Comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; (b) the accuracy of the estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Type of Request: Reinstatement.

Existing OMB Control Number: 0704-0449, ``National Language Service 
Corps.''

    Title: DD Form 2932, ``National Language Service Corps 
Application''
    Number of Respondents: 1,500.
    Responses per Respondent: 1.
    Annual Responses: 1,500.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 450 hours.
    Needs and Uses: Verification and mission-related use.
    Title: DD Form 2933, ``National Language Service Corps (NLSC) 
Detailed Skills Self-Assessment''
    Number of Respondents: 1,000.
    Responses per Respondent: 1.
    Annual Responses: 1,000.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 300 hours.
    Needs and Uses: Verification and mission-related use.
    Title: DD Form 2934, ``National Language Service Corps (NLSC) 
Global Skills Self-Assessment''
    Number of Respondents: 1,000.
    Responses per Respondent: 1.
    Annual Responses: 1,000.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 300 hours.
    Needs and Uses: Verification and mission-related use.
    Title: Phone call to review responses on forms
    Total annual respondents: 1,000.
    Frequency of response: 1.
    Total annual responses: 1,000.
    Burden per response: 10 minutes.
    Total burden hours: 167 hours.
    Needs and Uses: Verification and mission-related use.
    OMB Desk Officer: Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, Desk Officer for DoD, Room 10236, New Executive 
Office Building, Washington, DC 20503, with a copy to the National 
Language Service Corps, P.O. Box 12221, Arlington, VA 22219. Comments 
can be received from 30 to 60 days after the date of this notice, but 
comments to OMB will be most useful if received by OMB within 30 days 
after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to John Demboski, National Language Service 
Corps, P.O. Box 12221, Arlington, VA 22219; phone number (703) 588-
0868.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 251

    Foreign languages, Manpower training programs.

    Accordingly 32 CFR part 251 is proposed to be added to read as 
follows:

PART 251--NATIONAL LANGUAGE SERVICE CORPS (NLSC)

Sec.

[[Page 9672]]

251.1 Purpose.
251.2 Applicability.
251.3 Definitions.
251.4 Policy.
251.5 Responsibilities.
251.6 Procedures.

    Authority: 5 U.S.C. 3109, 18 U.S.C. 202, 31 U.S.C. 1535, 50 
U.S.C. 1913.


Sec.  251.1  Purpose.

    This part:
    (a) Implements the responsibilities of the Secretary of Defense in 
50 U.S.C. 1913 by establishing the NLSC program.
    (b) Establishes policy, assigns responsibilities, and provides 
procedures for the management of the NLSC program.
    (c) Assigns responsibility to the National Security Education Board 
(NSEB) to oversee and coordinate the activities of the NLSC (as 
provided and determined by the Secretary of Defense pursuant to 50 
U.S.C. 1903 and 1913 with policy and funding oversight provided by the 
Under Secretary of Defense for Personnel and Readiness (USD(P&R)) in 
accordance with DoD Directive 5124.02, ``Under Secretary of Defense for 
Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf).


Sec.  251.2  Applicability.

    This part applies to Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities in the 
DoD (referred to collectively in this part as ``the DoD Components'') 
and Federal agencies.


Sec.  251.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this part.
    Consultant. Defined in 5 CFR part 304.
    Excepted service. Appointments in the excepted service are civil 
service appointments within the Federal Government that do not confer 
competitive status and are excepted from competitive service by or 
pursuant to statute, by the President, or by the Office of Personnel 
Management, and which are not in Senior Executive Service.
    Foreign language. Any language other than English.
    Language proficiency. The U.S. Government relies on the Interagency 
Language Roundtable (ILR) scale to determine language proficiency. 
According to the ILR scale:
    (1) 0 is No Proficiency.
    (2) 0+ is Memorized Proficiency.
    (3) 1 is Elementary Proficiency.
    (4) 1+ is Elementary Proficiency, Plus.
    (5) 2 is Limited Working Proficiency.
    (6) 2+ is Limited Working Proficiency, Plus.
    (7) 3 is General Professional Proficiency.
    (8) 3+ is General Professional Proficiency, Plus.
    (9) 4 is Advanced Professional Proficiency.
    (10) 4+ is Advanced Professional Proficiency, Plus.
    (11) 5 is Functional Native Proficiency.
    Special government employee (SGE). Defined in 18 U.S.C. 202.


Sec.  251.4  Policy.

    It is DoD policy that:
    (a) The NLSC provides DoD, or other U.S. departments or agencies, 
with U.S. citizens with high levels of foreign language proficiency for 
short-term temporary assignments providing foreign language services.
    (b) The NLSC is authorized to employ U.S. citizens as language 
consultants pursuant to 50 U.S.C. 1913, 5 U.S.C. 3109, and 5 CFR part 
304.
    (c) The NLSC is exempt from DoD Instruction 5160.71, ``DoD Language 
Testing Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/516071_2009_ch1.pdf), such that the NLSC may use tests of 
the Defense Language Proficiency Testing System or may use and develop 
other tests to assess language proficiency for the purpose of employing 
NLSC members as language consultants.
    (d) The NLSC will be available to support DoD or other U.S. 
departments or agencies pursuant to 50 U.S.C. 1913.
    (e) The NLSC will:
    (1) Collect personally identifiable information pursuant to 50 
U.S.C. 1913 from individuals interested in applying for NLSC 
membership.
    (2) Comply with DoD Instruction 8910.01, ``Information Collection 
and Reporting'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001p.pdf), Volume 2 of DoD Manual 8910.01, ``DoD 
Information Collections Manual: Procedures for DoD Public Information 
Collections'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001m_vol2.pdf), and 32 CFR part 310.
    (f) Qualified and available members with requested language skills 
hired in accordance with 5 U.S.C. 3109 and 5 CFR part 304 and 
Administrative Instruction 2, ``Employment of Experts and Consultants'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/ai002p.pdf) 
will be temporarily assigned to government agencies pursuant to 
reimbursable agreements described in 31 U.S.C. 1535.


Sec.  251.5  Responsibilities.

    (a) The USD(P&R):
    (1) Provides overall policy guidance for carrying out the 
responsibilities and duties of the Secretary of Defense in accordance 
with DoD Directive 5124.02 and 50 U.S.C. 1913.
    (2) Ensures appropriate resources are programmed for the 
administration and operation of the NLSC.
    (b) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Readiness and Force Management 
(ASD(R&FM)):
    (1) Through the Deputy Assistant Secretary of Defense for 
Readiness:
    (i) Develops processes and polices regarding the NLSC oversight and 
coordination by the NSEB in accordance with 50 U.S.C. 1903 and 1913.
    (ii) Recommends and oversees the establishment and execution of 
policies, programs, and goals to ensure the NLSC supports the readiness 
of the Military Services.
    (iii) Oversees, and monitors compliance with the NLSC programs and 
processes on behalf of the Secretary of Defense to include the 
procedures in Sec.  251.6 of this part.
    (iv) Ensures that functions needed to support the accomplishment of 
the NLSC mission are executed including engagement with DoD Components, 
federal agencies, and State and local governments, to identify language 
needs, assessment of language proficiency of its members, and skill 
sustainment training.
    (v) Determines eligibility for NLSC membership.
    (2) Hosts the annual program review identified in 50 U.S.C. 1913.
    (3) Designates a program manager responsible for overseeing 
implementation of NLSC programs and processes.
    (c) Under the authority, direction, and control of the USD (P&R), 
the Director, Department of Defense Human Resources Activity (DoDHRA):
    (1) Implements procedures and instructions for the appointment of 
NLSC members in support of DoD or other U.S. departments or agencies.
    (2) Authorizes and signs interagency agreements between the NLSC 
and organizations outside of the DoD, and delegates authority to sign 
such agreements as needed.
    (3) Provides administrative support to the NLSC, including actions 
related to

[[Page 9673]]

intra- and inter-agency agreements, the intra- and inter-agency 
transfer of funds, personnel actions, and travel requirements.
    (4) Provides fiscal management and oversight to ensure all funds 
provided for the NLSC are separately and visibly accounted for in the 
DoD budget.
    (d) DoD Components heads ensure that the use of NLSC members is 
considered during exercise and operational planning.


Sec.  251.6  Procedures.

    (a) NLSC purpose. (1) The purpose of the NLSC is to identify and 
provide U.S. citizens with foreign language skills to support DoD or 
other U.S. departments or agencies, in need of foreign language 
services, for requirements of less than 1 year.
    (2) The NLSC will provide capable, federally-hired individuals to 
rapidly respond to critical national needs and assist DoD and other 
U.S. departments and agencies with surge or emergency requirements.
    (b) NLSC membership criteria. NLSC members must:
    (1) Be a U.S. citizen.
    (2) Be at least 18 years of age.
    (3) Have satisfied Selective Service requirements.
    (4) Be proficient in English and any other language.
    (c) NLSC member recruitment. The NLSC program manager will oversee 
recruitment of members. NLSC maintains a registry of individuals who 
have applied or been accepted for membership and responds to requests 
for foreign language services by searching the registry to identify 
individuals who can provide support. NLSC collects applicant 
information through electronically available DD forms (located at the 
DoD Forms Management Program Web site at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.) or comparable web-based 
applications:
    (1) DD Form 2932. Contains a brief set of screening questions and 
is used to determine basic eligibility for NLSC membership.
    (2) DD Form 2933. A language screening tool to evaluate the 
applicant's skills with respect to specific tasks. DD Form 2933 is used 
in conjunction with the screening of language skills for entry into the 
NLSC.
    (3) DD Form 2934. Provides an overall assessment of the applicant's 
foreign language ability. DD Form 2934 is also used in conjunction with 
the screening of detailed skills for entry into the NLSC.
    (d) NLSC member appointment as Federal employees. Where applicants 
meet NLSC membership criteria and are matched to foreign language 
services requirements, the NLSC program manager ensures actions are 
initiated to temporarily hire applicants and members for forecasted and 
actual support requests.
    (1) For Federal hiring, members follow excepted service hiring 
policies in accordance with 5 U.S.C. 3109, 5 CFR part 304, and 32 CFR 
part 310, and are appointed as language consultants in advance of 
participating in a support request, in accordance with AI 2.
    (2) An NLSC member who is already employed by a U.S. Government 
agency or is under contract full-time to one agency must receive a 
release from the head of that agency or individual empowered to release 
the employee or contractor before being employed for service within the 
NLSC pursuant to 50 U.S.C. 1913 and must comply with applicable laws 
and regulations regarding compensation. Such requests will be 
coordinated by the NLSC with the department or agency head concerned.
    (3) NLSC members will be appointed on an annual basis pursuant to 5 
U.S.C. 3109, 5 CFR part 304, and 32 CFR part 310 to perform duties as 
language consultants. If serving less than 130 days in a consecutive 
365 day period, they will be considered SGEs as defined in 18 U.S.C. 
202. Concurrent appointments as an SGE may be held with other DoD 
Components or in another federal agency.
    (4) The NLSC program manager will track the number of days each 
NLSC member performed services and the total amount paid to each NLSC 
member within the 365 day period after the NLSC member's appointment.
    (e) NLSC member activation. Activation encompasses all aspects of 
matching and hiring NLSC members to perform short-term temporary 
assignments to provide foreign language services. Under NLSC program 
manager oversight:
    (1) Customer requirements are matched with skills of NLSC members 
and support is requested from DoDHRA to process necessary agreements, 
funding documents, and personnel actions to provide foreign language 
services. In accordance with paragraph (d)(3) of this section, NLSC 
members are temporarily hired as DoD employees.
    (2) NLSC members are prepared for activation. If members are to be 
mobilized out of their home area, travel order requests are initiated. 
During the assignment, action will be taken to coordinate with members 
and clients, and assess success with the requesting agency upon 
completion.
    (3) If duty requires issuance of DoD identification (e.g., Common 
Access Card), such identification will be issued to and maintained by 
activated NSLC members in accordance with Volume 1 of DoD Manual 
1000.13, ``DoD Identification (ID) Cards: ID Card Life-Cycle'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/100013_vol1.pdf). Upon completion of the assignment, the identification 
will be retrieved in accordance with Volume 1 of DoD Manual 1000.13.
    (4) Upon completion of assignments, DoDHRA will provide post-
assignment support to members and reconcile funding to close project 
orders.

    Dated: February 18, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-03567 Filed 2-23-15; 8:45 am]
BILLING CODE 5001-06-P