80 FR 69166 - National Security Education Program (NSEP) and NSEP Service Agreement

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 216 (November 9, 2015)

Page Range		69166-69171
FR Document		2015-28431

This proposed rule implements the responsibilities of the Secretary of Defense for administering NSEP and explains the responsibilities of the Under Secretary of Defense for Personnel and Readiness (USD (P&R)) for policy and funding oversight for NSEP. It discusses requirements for administering and executing the National Security Education Program (NSEP) service agreement and; and assigns oversight of NSEP to the Defense Language and National Security Education Office (DLNSEO).

Federal Register, Volume 80 Issue 216 (Monday, November 9, 2015)

[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69166-69171]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-28431]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 208

[Docket ID: DOD-2013-OS-0021]
RIN 0790-AJ01

National Security Education Program (NSEP) and NSEP Service
Agreement

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

ACTION: Proposed rule

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SUMMARY: This proposed rule implements the responsibilities of the
Secretary of Defense for administering NSEP and explains the
responsibilities of the Under Secretary of Defense for Personnel and
Readiness (USD (P&R)) for policy and funding oversight for NSEP. It
discusses requirements for administering and executing the National
Security Education Program (NSEP) service agreement and; and assigns
oversight of NSEP to the Defense Language and National Security
Education Office (DLNSEO).

DATES: Comments must be received by January 8, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, Regulatory
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
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: Alison Patz, 571-256-0771.

SUPPLEMENTARY INFORMATION:

Background

The David L. Boren National Security Education Act of 1991 (Pub. L.
102-183), as amended, codified at 50 U.S.C. 1901 et seq. (NSEA),
mandated that the Secretary of Defense create and sustain a program to
award scholarships to U.S. undergraduate students, fellowships to U.S.
graduate students, and grants to U.S. institutions of higher education.
The NSEP is authorized through 50 U.S.C. 1901-1912 to award
scholarships, fellowships, and grants to institutions of higher
education in order to increase the quantity, diversity, and quality of
the teaching and learning of subjects in the fields of foreign
languages, area studies, counterproliferation studies, and other
international fields that are critical to the Nation's interest, as
well as to produce an increased pool of applicants for working the
departments and agencies of the United States Government with national
security responsibilities.
NSEP oversees nine national security language and culture
initiatives designed to attract, recruit, and train a future federal
workforce skilled in languages and cultures to work across all agencies
involved in national security. These initiatives support professional
proficiency language training at U.S. colleges and universities, as
well as support students to study overseas in regions critical to U.S.
national security through scholarships and fellowships.
The proposed rule outlines requirements applicable to the NSEP
office and NSEP award recipients. This includes information about the
NSEP service agreement, which award recipients must adhere to as a
condition of award. In exchange for support, NSEP awardees must work in
qualifying national security positions in the U.S. federal government
for at least one year.

Benefits

NSEP, as outlined in the David L. Boren National Security Education
Act of 1991 (NSEA), oversees multiple critical initiatives. All of
NSEP's programs are designed to complement one another, ensuring that
the lessons learned in one program inform the approaches of the others.
Congress specifically--and uniquely--structured NSEP to focus on the
combined issues of language proficiency, national security, and the
needs of the federal workforce.
NSEA outlines five major purposes for NSEP, namely:
To provide the necessary resources, accountability, and
flexibility to meet the national security education needs of the United
States, especially as such needs change over time;
To increase the quantity, diversity, and quality of the
teaching and learning of subjects in the fields of foreign languages,
area studies, counterproliferation studies, and other international
fields that are critical to the nation's interest;
To produce an increased pool of applicants to work in the
departments and agencies of the United States government with national
security responsibilities;
To expand, in conjunction with other federal programs, the
international experience, knowledge base, and perspectives on which the
United States citizenry, government employees, and leaders rely; and
To permit the federal government to advocate on behalf of
international education.
As a result, NSEP is the only federally-funded effort focused on
the combined issues of language proficiency, national security, and the
needs of the federal workforce.
Boren Scholarships are awarded to U.S. undergraduates for
up to one academic year of overseas study of languages and cultures
critical to national security. Boren Scholars demonstrate their merit
for an award in part by agreeing to fulfill a one year (minimum)
service commitment to the U.S. government. NSEP awards approximately
150 Boren Scholarships annually.
Boren Fellowships are awarded for up to two years to U.S.
graduate students who develop independent projects that combine study
of language and culture in areas critical to national security. Boren
Fellows demonstrate their merit for an award in part by agreeing to
fulfill a one year (minimum)

[[Page 69167]]

service commitment to the U.S. government. NSEP awards approximately
100 Boren Fellowships annually.
The Language Flagship supports students to achieve
superior-level proficiency in critical languages including Arabic,
Chinese, Hindi Urdu, Korean, Persian, Portuguese, Russian, Swahili, and
Turkish. Flagship students combine language study with a major
discipline of their choice and complete a year-long overseas program
that includes intensive language study, direct enrollment in a local
university, and a professional internship experience. In addition, The
Language Flagship awards grants to U.S. universities recognized as
leaders in the field of language education and supports new concepts in
language education. More than 2,000 U.S. undergraduate students
participate annually in The Language Flagship's programs, which are
based at more than 20 U.S. institutions of higher education and
multiple universities overseas.
The Language Flagship also manages a Flagship/ROTC
initiative, through which ROTC cadets and midshipmen are supported at
Flagship institutions, thus building a cadre of students with
professional-level proficiency and commitment to serve in the U.S.
armed forces.
The English for Heritage Language Speakers (EHLS) program
provides professional English language instruction for U.S. citizens
who are native speakers of critical languages. Participants receive
scholarships to the EHLS program at Georgetown University, which
provides eight months of instruction. This training allows participants
to achieve professional-level proficiency in the English language and
prepares them for key federal job opportunities. NSEP awards
approximately 20 EHLS Scholarships annually.
The African Flagship Languages Initiative (AFLI) is a
Flagship language program, designed in cooperation with Boren
Scholarships and Fellowships, to improve proficiency outcomes in a
number of targeted African languages. The Intelligence Authorization
Act for Fiscal Year 2010, Section 314 (Pub. L. 111-254) initially
directed the establishment of a pilot program to build language
capabilities in areas critical to U.S. national security interests, but
where insufficient instructional infrastructure currently exists
domestically. Based on the successes of its many critical language
initiatives, NSEP was designated to spearhead the effort. All AFLI
award recipients are funded through either a Boren Scholarship or Boren
Fellowship. Participants complete eight weeks of domestic language
study at the University of Florida prior to departure overseas,
followed by intensive, semester-long study internationally. AFLI's
current language offerings include Akan/Twi, French (for Senegal),
Hausa, Portuguese (for Mozambique), Swahili, Wolof, and Zulu.
The National Language Service Corps (NLSC) is a civilian
corps of volunteers with certified proficiency in foreign languages.
Its purpose is to support DoD or other U.S. departments or agencies in
need of foreign language services, including surge or emergency
requirements. NLSC capabilities include language support for
interpretation, translation, analysis, training, logistics activities,
and emergency relief activities. Members generally possess
professional-level proficiency in a foreign language and in English,
and may have clearances or may be clearable.
Project GO provides grants to U.S. institutions of higher
education with large ROTC student enrollments, including the Senior
Military Colleges. In turn, these institutions provide language and
culture training to ROTC students from across the nation, funding
domestic and overseas ROTC language programs and scholarships. To
accomplish Project GO's mission, NSEP closely works with Army, Air
Force, and Navy ROTC Headquarters, as well as with U.S. institutions of
higher education. To date, institutions participating in the program
have supported critical language study for over 3,000 ROTC students
nationwide. More than 20 domestic institutions host Project GO programs
serving ROTC students from across the country.
Language Training Centers (LTC) are a collaborative
initiative to develop expertise in critical languages, cultures and
strategic regions for DoD personnel. Section 529(e) of the National
Defense Authorization Act for Fiscal Year 2010 authorized the
establishment of the program in 2011. The program's purpose is to
leverage the expertise and infrastructure of higher education
institutions to train DoD personnel in language, culture, and regional
area studies. In 2010, NSEP funded the study ``Leveraging Language and
Cultural Education and U.S. Higher Education'' to fulfill a
Congressional request. Findings from the Leveraging report revealed
that federal investments in language and culture at higher education
institutions produced a group of universities with well-established
programs and faculty expertise that are capable of supporting the
military's needs for proficiency-based training in critical and less
commonly taught languages at various levels of acquisition. Therefore,
facilitating the establishment and continued growth of relationships
among these institutions, military installations, and DoD entities is
an integral part of the LTC program.

Costs

To manage and run its initiatives, NSEP employs 8.78 full-time
equivalents (FTE), ranging in salary from Federal General Schedule (GS)
grade 6 through GS grade 15 (three employees devote partial time to
NSEP initiatives, which equates to 0.78 FTE). Using the 2014 GS pay
scale for the Washington, DC metro area, NSEP's 8.78 FTEs equate to
approximately $795,154 in DoD expenditure annually. To calculate this
figure, NSEP used GS step one wage rates for all employees.
NSEA legislates $14,000,000 for Boren Scholarships, Boren
Fellowships, and The Language Flagship programs annually (sec. 1910-
1911) and $2,000,000 for the EHLS program annually (sec. 1912). In
addition, the Intelligence Authorization Act for Fiscal Year 2010,
Section 314 (Pub. L. 111-259) directed the establishment of an African
language program, a hybrid of Boren and Flagship, at $2,000,000. In
addition to these amounts, NSEP receives $10,000,000 annually from DoD
appropriations in support of Flagship program efforts.

Retrospective Review

This proposed rule is part of DoD's retrospective plan, completed
in August 2011, under Executive Order 13563, ``Improving Regulation and
Regulatory Review.[reg] DoD's full plan and updates can be accessed at:
http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036.

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

[[Page 69168]]

designated a ``significant regulatory action,'' although not
economically significant, under section 3(f) of Executive Order 12866.
Accordingly, this proposed 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)

It has been certified that 32 CFR part 208 does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
These requirements have been approved by OMB and assigned OMB Control
Number 0704-0368, National Security Education Program (Service
Agreement Report for Scholarship and Fellowship Awards).

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 208

Education, Languages, Service agreement.

Accordingly 32 CFR part 208 is proposed to be added to read as
follows:

PART 208--NATIONAL SECURITY EDUCATION PROGRAM (NSEP) AND NSEP
SERVICE AGREEMENT

Sec.
208.1 Purpose.
208.2 Applicability.
208.3 Definitions.
208.4 Policy.
208.5 Responsibilities.
208.6 Procedures.

Authority: 50 U.S.C. 1901-1912, 50 U.S.C. 1903, 50 U.S.C.
chapter 37.

Sec. 208.1 Purpose.

This part:
(a) Implements the responsibilities of the Secretary of Defense for
administering NSEP.
(b) Updates DoD policy, assigns responsibilities, and prescribes
procedures and requirements for administering and executing the NSEP
service agreement in accordance with 50 U.S.C. chapter 37.
(c) Modifies requirements related to the NSEP service agreement.
(d) Assigns oversight of NSEP to the Defense Language and National
Security Education Office.

Sec. 208.2 Applicability.

This part applies to:
(a) The Office of the Secretary of Defense, the Military
Departments, 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'').
(b) The Administrative Agent. If the Administrative Agent is an
entity outside of DoD pursuant to a DoD contract, grant, or cooperative
agreement, then DoD personnel shall ensure that the relevant contract,
grant or cooperative agreement aligns with the policies and procedures
set forth in this part.
(c) All recipients of awards by NSEP.

Sec. 208.3 Definitions.

These terms and their definitions are for the purpose of this part.
Administrative agent. Organization that will administer and monitor
resources for NSEP.
Boren Fellowship. A competitive award granted for graduate study
under NSEP.
Boren Scholarship. A competitive award granted for undergraduate
study abroad under NSEP.
Critical area. Determined by the Secretary of Defense, in
consultation with the members of the National Security Education Board,
in accordance with 50 U.S.C. chapter 37 and 50 U.S.C. 1903.
Critical foreign language. Determined by the Secretary of Defense,
in consultation with the members of the National Security Education
Board in accordance with 50 U.S.C. chapter 37.
Deferral of the NSEP service agreement. Official NSEP documentation
signed by the Assistant Secretary of Defense for Readiness and Force
Management (ASD(R&FM)), through the Deputy Assistant Secretary of
Defense for Readiness (DASD(R)), by which an NSEP award recipient
pursuing approved, qualified further education is allowed to postpone
meeting the service deadline.
(1) A deferral reschedules the date by which an NSEP award
recipient must begin to fulfill service.
(2) Qualified further education includes, but is not limited to, no
less than half-time enrollment in any degree-granting, accredited
institution of higher education worldwide or participation in an
academic fellowship program (e.g., Fulbright Fellowship, Thomas R.
Pickering Foreign Affairs Fellowship).
(3) A deferral is calculated by first calculating the length of
enrollment in the degree program from start date to anticipated
graduation date, and then adding the length of enrollment in the degree
program to the service deadline.
(4) Approvals of deferrals will be considered on a case-by-case
basis.
Extension of the NSEP service agreement. Official NSEP
documentation signed by the ASD(R&FM), through the DASD(R), by which an
NSEP award recipient who has completed award requirements, reached the
service deadline, and is actively seeking to fulfill the NSEP service
agreement in a well-documented manner is allowed to extend the service
deadline. An extension reschedules the date by which an NSEP award
recipient must complete the service required in the NSEP service
agreement.
Intelligence Community. Any element of the Intelligence Community
as defined in Section 3 of the National Security Act of 1947, as
revised, [50 U.S.C. 3003].
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.

[[Page 69169]]

(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.
NSEP Service Approval Committee. Committee of key NSEP staff
members who review the merits of all requests for service credit,
deferrals, extensions, or waivers of the NSEP service agreement,
including adjudication of all cases involving award recipients who
decline job offers, in order to provide recommendations to the
ASD(R&FM), through the DASD(R).
Other federal agencies. Includes any federal government agency,
department, bureau, office or any other federal government organization
of any nature other than the Department of Defense or any component,
agency, department, field activity or any other subcomponent of any
kind within or subordinate to the Department of Defense.
Program end date. Official end of an NSEP award recipient's
program, as set forth within the individual's NSEP service agreement.
Reserve Officer Training Corps (ROTC). College program offered at
colleges and universities across the United States that prepares young
adults to become officers in the U.S. Military. In exchange for a paid
college education and a guaranteed post-college career, cadets commit
to serve in the Military after graduation. Each Service branch
administers its own ROTC program.
Request of service credit in fulfillment of the NSEP service
agreement. Written request made through submission of a DD Form 2753 to
the NSEP office, documenting how employment an NSEP award recipient
held or holds complies with fulfillment of the NSEP service agreement.
Satisfactory academic progress. Maintenance of academic standards
at both home and host institution(s) for every NSEP award recipient for
the duration of the study program and as defined in each NSEP service
agreement.
Service deadline. Date by which NSEP award recipient must begin to
fulfill the NSEP service agreement.
Waiver of the NSEP service agreement. Official NSEP documentation,
signed by the ASD(R&FM), through the DASD(R), by which an NSEP award
recipient is relieved of responsibilities associated with the NSEP
service agreement.
Work in fulfillment of the NSEP service agreement. Upon completion
of the NSEP award recipient's study program, such individual must seek
employment in the DoD, Department of Homeland Security (DHS),
Department of State (DOS), or the Intelligence Community, or if no
suitable position is available, anywhere in the U.S. Government in a
position with national security responsibilities. If such individual is
unsuccessful in finding a federal position after making a good faith
effort to do so, award recipient agrees to seek employment in the field
of education in a position related to the study supported by such
scholarship or fellowship. The award recipient further agrees to
fulfill the service requirement.

Sec. 208.4 Policy.

It is DoD policy that:
(a) NSEP assist in making available to DoD and other federal
entities, as applicable, personnel possessing proficiency in languages
and foreign regional expertise critical to national security by
providing scholarships and fellowships pursuant to 50 U.S.C. 1902(a).
These scholarships and fellowships will be awarded to:
(1) Students who are U.S. citizens, to pursue qualifying
undergraduate and graduate study in domestic and foreign education
systems to assist in meeting national security needs for professionals
with in-depth knowledge of world languages and cultures, and who enter
into an NSEP service agreement as required by 50 U.S.C. 1902(b); or
(2) Students who are U.S. citizens who are native speakers of a
foreign language identified as critical to the national security of the
United States, but who are not proficient at a professional level in
the English language with respect to reading, writing, and other
skills, to enable such students to pursue English language studies at
institutions of higher education. Recipients must agree to enter into
an NSEP service agreement as required by 50 U.S.C. 1902(b).
(b) Grants will be awarded to institutions of higher education for
programs in critical areas pursuant to 50 U.S.C. 1902(a) and 1902(f) to
implement a national system of programs to produce advanced language
expertise critical to the national security of the United States.
(c) An NSEP award recipient must enter into an NSEP service
agreement before receipt of an award as required by 50 U.S.C. chapter
37. The award recipient must agree to maintain satisfactory academic
progress and work in fulfillment of the NSEP service agreement until
all service requirements are satisfied.
(d) All NSEP award recipients who are government employees or
members of the uniformed services at the time of award must confirm
that they have resigned or been separated from such employment or
service before receiving support for their NSEP-funded overseas study.
These stipulations apply to all individuals, including employees of a
department, agency, or entity of the U.S. Government and members of the
uniformed services, including members of a Reserve Component of the
uniformed services. ROTC participants who are also members of a Reserve
Component must be in an inactive, non-drilling status during the course
of their NSEP-funded overseas study.
(e) Neither DoD nor the U.S. Government is obligated to provide, or
offer employment to, award recipients as a result of participation in
the program. All federal agencies are encouraged to assist in placing
NSEP award recipients upon successful completion of the program.

Sec. 208.5 Responsibilities.

(a) Under the authority, direction, and control of the Under
Secretary of Defense for Personnel and Readiness (USD(P&R)), the
ASD(R&FM):
(1) Develops programs, processes, and policies to support NSEP
award recipients in fulfilling their NSEP service agreement through
internships or employment in federal security agencies pursuant to 50
U.S.C. chapter 37.
(2) Determines, pursuant to 50 U.S.C. 1902(a), after consultation
with the National Security Education Board, which countries, languages,
and disciplines are critical and in which there are deficiencies of
knowledgeable personnel within federal entities.
(b) Under the authority, direction, and control of the ASD(R&FM),
the DASD(R):
(1) Makes available competitive scholarship, fellowship, and
English for Heritage Language Speakers (EHLS) awards to U.S. citizens
who wish to engage in study for the purposes of national security in
accordance with 50 U.S.C. chapter 37.
(2) Manages, oversees, and monitors compliance of NSEP service
agreements.
(3) Advises NSEP award recipients on how to fulfill their NSEP
service agreement in national security positions.
(4) Maintains documentation of successful completion of federal
service or initiates debt collection procedures for those NSEP
recipients who fail to

[[Page 69170]]

comply with the NSEP service agreement.
(5) Works with agencies or offices in the U.S. Government to
identify potential employment opportunities for NSEP award recipients
and make employment opportunities and information readily available to
all award recipients.
(6) Approves or disapproves, as appropriate, all DD Form 2573
written requests for service credit, deferrals, extensions, or waivers
of the NSEP service agreement, including adjudication of all cases
involving award recipients who decline job offers.
(c) Under the authority, direction, and control of the USD(P&R), in
consultation with the DASD(R), and in accordance with DoD Directive
5100.87, ``DoD Human Resources Activity'' (available at http://www.dtic.mil/whs/directives/corres/pdf/510087p.pdf), the Director,
provides:
(1) Program and budget management and other administrative,
facility, operational, and logistical support for NSEP.
(2) Fiscal management and oversight to ensure all funds provided
for NSEP are separately and visibly accounted for in the DoD budget.

Sec. 208.6 Procedures.

(a) NSEP award recipients. The award recipient of any scholarship
or fellowship award through NSEP will:
(1) Maintain satisfactory academic progress in the course of study
for which assistance is provided, according to the regularly prescribed
standards and practices of the institution in which the award recipient
is matriculating.
(2) As a condition of receiving an award, sign an NSEP service
agreement as required by 50 U.S.C. chapter 37, which, among other
requirements, must acknowledge an understanding and agreement by the
award recipient that failure to maintain satisfactory academic progress
constitutes grounds upon which the award may be terminated and trigger
the mandatory requirement to return to the U.S. Treasury the
scholarship, fellowship, or EHLS funds provided to the award recipient.
(3) Notify the Administrative Agent within ten business days if
advised of failure to maintain academic progress by the institution of
matriculation.
(4) Notify the ASD(R&FM), through the DASD(R), in a timely manner
and in advance of the service deadline should any request for deferral,
extension, or waiver become necessary.
(i) Deferrals. NSEP award recipients actively seeking to fulfill
the NSEP service agreement in a well-documented manner may request
approval of a one year extension of their service deadline. Approvals
of deferrals for pursuit of education will be considered on a case-by-
case basis. Renewal of a deferral may be granted if adequately
justified.
(ii) Extensions. A thorough outline describing all further plans to
complete the NSEP service agreement must accompany all extension
requests. No more than two extensions may be granted to an NSEP award
recipient.
(iii) Waivers. (A) In extraordinary circumstances, an NSEP award
recipient may be relieved of responsibilities associated with the NSEP
service agreement. As a result of receiving a waiver, the award
recipient will no longer receive job search assistance from NSEP; is no
longer a beneficiary of the special hiring advantages available to
award recipients who have a service requirement; and will not be
eligible to receive NSEP letters of certification, or endorsements or
recommendations. Upon request, the NSEP office will continue to certify
that the award recipient received an NSEP scholarship or fellowship.
(B) The DASD(R), will consider requests for extensions and waivers
of the NSEP service agreement only under special circumstances as
defined in Sec. 208.6(b) of this part. The request must set forth the
basis, situation, and causes which support the requested action,
including evidence to support the request. The award recipient must
submit requests electronically on www.nsepnet.org or to nsep@nsep.gov.
Final approval of work in fulfillment of the NSEP service agreement,
deferrals, extensions, and waivers rest with, and is at the discretion
of, the DASD(R).
(5) Immediately upon successful completion of the award program and
either completion of the degree for which the award recipient is
matriculated or withdrawal from such degree program, begin the federal
job search. Award recipients should concurrently seek positions within
DoD, any element of the Intelligence Community, as defined in section 3
of the National Security Act of 1947, as revised, [50 U.S.C.
3003(4)(L)], the DHS, or DOS.
(6) Work to satisfy all service requirements in accordance with
applicable NSEP service agreements until all NSEP service requirements
are satisfied. Work in fulfillment of the NSEP service agreement must
be wholly completed within five years of the award recipient's first
date of service unless an approved deferral or extension has been
granted.
(7) Work for the total period of time specified in the NSEP service
agreement either consecutively in one organization, or through follow-
on employment in two or more organizations.
(8) Repay the U.S. Treasury the award funds provided to the award
recipient if the requirements of the NSEP service agreement are not
met.
(9) Submit DD Form 2753 to NSEP no later than one month after
termination of the period of study funded by NSEP and annual reports
thereafter until the NSEP service requirement is satisfied. The DD Form
2753 will include:
(i) Any requests for deferrals, extensions, or waivers with
adequate evidence and support for such requests.
(ii) The award recipient's current status (e.g., not yet graduated
from, or terminated enrollment in, the degree program pursued while
receiving NSEP support; engaged in work in fulfillment of the
requirement.)
(iii) Updated contact information.
(10) Notify the ASD(R&FM), through the DASD(R), within ten business
days of any changes to the award recipient's mailing address.
(b) Procedures and Requirements Applicable to NSEP Award
Recipients--(1) NSEP Service Agreement. Award recipients of any
scholarship, fellowship, or EHLS award through this program must comply
with the terms of the NSEP service agreement they signed. NSEP awards
entered into before the date of this part will be governed by the laws,
regulations, and policies in effect at the time that the award was
made. The NSEP service agreement for recipients awarded as of the date
of this part will:
(i) In accordance with 50 U.S.C. 1902(b) outline requirements for
NSEP award recipients to fulfill their federal service requirement
through work in positions that contribute to the national security of
the United States. An emphasis is placed on work within one of four
entities: DoD, DHS, DOS, or any element of the Intelligence Community.
On a case-by-case basis, NSEP may consider employment with a federal
contractor of one of these four priority entities as meeting the
service requirement should the award recipient provide adequate
documentary evidence that the salary for the position is funded by the
U.S. Government.
(ii) Stipulate that absent the availability of a suitable position
in the four priority entities or a contractor thereof, award recipients
may satisfy the service requirement by serving in any federal agency or
office in a position with national security responsibilities. It will
also stipulate that absent the availability of a suitable position in
DoD, any element of the Intelligence Community, DHS, DOS, a contractor

[[Page 69171]]

thereof, or any federal agency with national security responsibilities,
award recipients may satisfy the service requirement by working in the
field of education in a discipline related to the study supported by
the program if the recipient satisfactorily demonstrates to the
Secretary of Defense through the DASD(R), that no position is available
in the departments, agencies, and offices covered by paragraph
(b)(1)(i) of this section.
(2) Implementation. The NSEP service agreement will be implemented
as follows:
(i) Prior to receiving assistance, the award recipient must sign an
NSEP service agreement. The award recipient will submit to the NSEP
Administrative Agent, in advance of program of study start date, any
proposed changes to the approved award program (i.e., course and
schedule changes, withdrawals, course or program incompletions,
unanticipated or increased costs).
(ii) The minimum length of service requirement for undergraduate
scholarship, graduate fellowship, and EHLS award recipients is one
year. The duration of the service requirement for graduate fellowship
award recipients is equal to the duration of assistance provided by
NSEP.
(iii) In accordance with 50 U.S.C. 1902(b), undergraduate
scholarship students must begin fulfilling the NSEP service agreement
within three years of completion or termination of their undergraduate
degree program.
(iv) In accordance with 50 U.S.C. 1902(b), graduate fellowship
students must begin fulfilling the NSEP service agreement within two
years of completion or termination of their graduate degree program.
(v) In accordance with 50 U.S.C. 1902(b), EHLS award recipients
must begin fulfilling the service requirement within three years of
completion of their program.
(vi) The award recipient must accept a reasonable offer of
employment, as defined by the ASD(R&FM), through the DASD(R), in
accordance with the NSEP service agreement, at a salary deemed by the
hiring organization as commensurate with the award recipient's
education level, and consistent with the terms and conditions of the
NSEP service agreement.
(vii) The receipt of a completed DD Form 2753 will be acknowledged
through official correspondence from NSEP to the award recipient. Award
recipients who do not submit the DD Form 2753 as required will be
notified by NSEP of the intent to pursue collection action.
(viii) If the award recipient fails to maintain satisfactory
academic progress for any term in which assistance is provided,
probationary measures of the host institution will apply to the award
recipient. Failure to meet the institution's requirements to resume
satisfactory academic progress within the prescribed guidelines of the
institution will result in the termination of assistance to the award
recipient.
(ix) Extenuating circumstances, such as illness of the award
recipient or a close relative, death of a close relative, or an
interruption of study caused by the host institution, may be considered
acceptable reasons for non-satisfactory academic progress. The award
recipient must notify the NSEP Administrative Agent of any extenuating
circumstances within ten business days of occurrence. The NSEP
Administrative Agent will review these requests to determine what
course of action is appropriate and make a recommendation to NSEP for
final determination. The DASD(R), will upon receipt of the NSEP
Administrative Agent recommendation, determine by what conditions to
terminate or reinstate the award to the award recipient.
(x) NSEP award recipients may apply to the DASD(R), for a deferral
of the NSEP service agreement requirement if pursuing qualified further
education.
(xi) NSEP award recipients may apply to the DASD(R), to receive an
extension of the NSEP service agreement requirement if actively seeking
to fulfill the NSEP service agreement in a well-documented manner.
(xii) In extraordinary circumstances an NSEP award recipient may
request a waiver to be relieved of responsibilities associated with the
NSEP service agreement. Conditions for requesting a waiver to the NSEP
service agreement may include:
(A) Situations in which compliance is either impossible or would
involve extreme hardship to the award recipient.
(B) Interruptions in service due to temporary physical or medical
disability or other causes beyond the award recipient's control.
(C) Unreasonable delays in the hiring process not caused by the
award recipient, including delays in obtaining a security clearance if
required for employment.
(D) Hiring freezes that adversely affect award recipients who are
seeking positions with the U.S. Government.
(E) Permanent physical or medical disability that prevent the award
recipient from fulfilling the obligation.
(F) Inability to complete the NSEP service agreement due to
terminations or interruptions of work beyond the award recipient's
control.
(G) Death of the award recipient.
(xiii) In cases where assistance to the award recipient is
terminated, the amount owed to the U.S. Government is equal to the
support received from NSEP. Repayment to the U.S. Treasury must be made
within a period not to exceed six months from expiration of the service
deadline. Noncompliance with repayment requirements will result in the
initiation of standard U.S. Government collection procedures to obtain
payment for overdue indebtedness, unless a waiver is specifically
granted by the ASD(R&FM), through the DASD(R). Further job search
assistance to an award recipient will be denied if any outstanding debt
remains unpaid as a result of an award termination.
(A) Repayment to the U.S. Treasury for the amount of assistance
provided becomes due, either in whole or in part, if the award
recipient fails to fulfill the NSEP service agreement. Award recipients
who do not submit the DD Form 2753 as required will be notified by NSEP
of the intent to pursue collection action. Noncompliance with repayment
requirements will result in the initiation of standard U.S. Government
collection procedures to obtain payment for overdue indebtedness,
unless a waiver is specifically granted by the DASD(R).
(B) Repayment recovery procedures will include one or a combination
of the following:
(1) Voluntary repayment schedule arranged between the award
recipient and the Administrative Agent.
(2) Deduction from accrued pay, compensation, amount of retirement
credit, or any other amount due the employee from the U.S. Government.
(3) Such other methods as are provided by law for recovery of
amounts owed to the U.S. Government.

Dated: November 4, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-28431 Filed 11-6-15; 8:45 am]
BILLING CODE P

Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69167

service commitment to the U.S. Boren Scholarship or Boren Fellowship. needs for proficiency-based training in
government. NSEP awards Participants complete eight weeks of critical and less commonly taught
approximately 100 Boren Fellowships domestic language study at the languages at various levels of
annually. University of Florida prior to departure acquisition. Therefore, facilitating the
• The Language Flagship supports overseas, followed by intensive, establishment and continued growth of
students to achieve superior-level semester-long study internationally. relationships among these institutions,
proficiency in critical languages AFLI’s current language offerings military installations, and DoD entities
including Arabic, Chinese, Hindi Urdu, include Akan/Twi, French (for Senegal), is an integral part of the LTC program.
Korean, Persian, Portuguese, Russian, Hausa, Portuguese (for Mozambique),
Swahili, and Turkish. Flagship students Costs
Swahili, Wolof, and Zulu.
combine language study with a major • The National Language Service To manage and run its initiatives,
discipline of their choice and complete Corps (NLSC) is a civilian corps of NSEP employs 8.78 full-time
a year-long overseas program that volunteers with certified proficiency in equivalents (FTE), ranging in salary
includes intensive language study, foreign languages. Its purpose is to from Federal General Schedule (GS)
direct enrollment in a local university, support DoD or other U.S. departments grade 6 through GS grade 15 (three
and a professional internship or agencies in need of foreign language employees devote partial time to NSEP
experience. In addition, The Language services, including surge or emergency initiatives, which equates to 0.78 FTE).
Flagship awards grants to U.S. requirements. NLSC capabilities include Using the 2014 GS pay scale for the
universities recognized as leaders in the language support for interpretation, Washington, DC metro area, NSEP’s 8.78
field of language education and translation, analysis, training, logistics FTEs equate to approximately $795,154
supports new concepts in language activities, and emergency relief in DoD expenditure annually. To
education. More than 2,000 U.S. activities. Members generally possess calculate this figure, NSEP used GS step
undergraduate students participate professional-level proficiency in a one wage rates for all employees.
annually in The Language Flagship’s foreign language and in English, and NSEA legislates $14,000,000 for Boren
programs, which are based at more than may have clearances or may be Scholarships, Boren Fellowships, and
20 U.S. institutions of higher education clearable. The Language Flagship programs
and multiple universities overseas. • Project GO provides grants to U.S. annually (sec. 1910–1911) and
• The Language Flagship also institutions of higher education with $2,000,000 for the EHLS program
manages a Flagship/ROTC initiative, large ROTC student enrollments, annually (sec. 1912). In addition, the
through which ROTC cadets and including the Senior Military Colleges. Intelligence Authorization Act for Fiscal
midshipmen are supported at Flagship In turn, these institutions provide Year 2010, Section 314 (Pub. L. 111–
institutions, thus building a cadre of language and culture training to ROTC 259) directed the establishment of an
students with professional-level students from across the nation, funding African language program, a hybrid of
proficiency and commitment to serve in domestic and overseas ROTC language Boren and Flagship, at $2,000,000. In
the U.S. armed forces. programs and scholarships. To addition to these amounts, NSEP
• The English for Heritage Language accomplish Project GO’s mission, NSEP receives $10,000,000 annually from DoD
Speakers (EHLS) program provides closely works with Army, Air Force, appropriations in support of Flagship
professional English language and Navy ROTC Headquarters, as well program efforts.
instruction for U.S. citizens who are as with U.S. institutions of higher
native speakers of critical languages. education. To date, institutions Retrospective Review
Participants receive scholarships to the participating in the program have This proposed rule is part of DoD’s
EHLS program at Georgetown supported critical language study for retrospective plan, completed in August
University, which provides eight over 3,000 ROTC students nationwide. 2011, under Executive Order 13563,
months of instruction. This training More than 20 domestic institutions host ‘‘Improving Regulation and Regulatory
allows participants to achieve Project GO programs serving ROTC Review.® DoD’s full plan and updates
professional-level proficiency in the students from across the country. can be accessed at: http://www.
English language and prepares them for • Language Training Centers (LTC) regulations.gov/#!docketDetail;dct=FR+
key federal job opportunities. NSEP are a collaborative initiative to develop PR+N+O+SR;rpp=10;po=0;D=DOD-
awards approximately 20 EHLS expertise in critical languages, cultures 2011-OS-0036.
Scholarships annually. and strategic regions for DoD personnel.
• The African Flagship Languages Section 529(e) of the National Defense
Initiative (AFLI) is a Flagship language Authorization Act for Fiscal Year 2010 Executive Order 12866, ‘‘Regulatory
program, designed in cooperation with authorized the establishment of the Planning and Review’’ and Executive
Boren Scholarships and Fellowships, to program in 2011. The program’s Order 13563, ‘‘Improving Regulation
improve proficiency outcomes in a purpose is to leverage the expertise and and Regulatory Review’’
number of targeted African languages. infrastructure of higher education Executive Orders 13563 and 12866
The Intelligence Authorization Act for institutions to train DoD personnel in direct agencies to assess all costs and
Fiscal Year 2010, Section 314 (Pub. L. language, culture, and regional area benefits of available regulatory
111–254) initially directed the studies. In 2010, NSEP funded the study alternatives and, if regulation is
establishment of a pilot program to ‘‘Leveraging Language and Cultural necessary, to select regulatory
build language capabilities in areas Education and U.S. Higher Education’’ approaches that maximize net benefits
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critical to U.S. national security to fulfill a Congressional request. (including potential economic,
interests, but where insufficient Findings from the Leveraging report environmental, public health and safety
instructional infrastructure currently revealed that federal investments in effects, distribute impacts, and equity).
exists domestically. Based on the language and culture at higher Executive Order 13563 emphasizes the
successes of its many critical language education institutions produced a group importance of quantifying both costs
initiatives, NSEP was designated to of universities with well-established and benefits, of reducing costs, of
spearhead the effort. All AFLI award programs and faculty expertise that are harmonizing rules, and of promoting
recipients are funded through either a capable of supporting the military’s flexibility. This rule has been

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69168 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules

designated a ‘‘significant regulatory PART 208—NATIONAL SECURITY Security Education Board, in
action,’’ although not economically EDUCATION PROGRAM (NSEP) AND accordance with 50 U.S.C. chapter 37
significant, under section 3(f) of NSEP SERVICE AGREEMENT and 50 U.S.C. 1903.
Executive Order 12866. Accordingly, Critical foreign language. Determined
this proposed rule has been reviewed by Sec. by the Secretary of Defense, in
the Office of Management and Budget 208.1 Purpose. consultation with the members of the
208.2 Applicability.
(OMB). National Security Education Board in
208.3 Definitions.
208.4 Policy. accordance with 50 U.S.C. chapter 37.
Sec. 202, Pub. L. 104–4, ‘‘Unfunded Deferral of the NSEP service
Mandates Reform Act’’ 208.5 Responsibilities.
208.6 Procedures. agreement. Official NSEP
Section 202 of the Unfunded documentation signed by the Assistant
Authority: 50 U.S.C. 1901-1912, 50 U.S.C.
Mandates Reform Act of 1995 (UMRA) 1903, 50 U.S.C. chapter 37.
Secretary of Defense for Readiness and
(Pub. L. 104–4) requires agencies assess Force Management (ASD(R&FM)),
anticipated costs and benefits before § 208.1 Purpose. through the Deputy Assistant Secretary
issuing any rule whose mandates This part: of Defense for Readiness (DASD(R)), by
require spending in any 1 year of $100 (a) Implements the responsibilities of which an NSEP award recipient
million in 1995 dollars, updated the Secretary of Defense for pursuing approved, qualified further
annually for inflation. In 2014, that administering NSEP. education is allowed to postpone
threshold is approximately $141 (b) Updates DoD policy, assigns meeting the service deadline.
million. This document will not responsibilities, and prescribes (1) A deferral reschedules the date by
mandate any requirements for State, procedures and requirements for which an NSEP award recipient must
local, or tribal governments, nor will it administering and executing the NSEP begin to fulfill service.
affect private sector costs. service agreement in accordance with 50 (2) Qualified further education
U.S.C. chapter 37. includes, but is not limited to, no less
Public Law 96–354, ‘‘Regulatory than half-time enrollment in any degree-
(c) Modifies requirements related to
Flexibility Act’’ (5 U.S.C. 601) granting, accredited institution of higher
the NSEP service agreement.
The Department of Defense certifies (d) Assigns oversight of NSEP to the education worldwide or participation in
that this proposed rule is not subject to Defense Language and National Security an academic fellowship program (e.g.,
the Regulatory Flexibility Act (5 U.S.C. Education Office. Fulbright Fellowship, Thomas R.
601) because it would not, if Pickering Foreign Affairs Fellowship).
§ 208.2 Applicability. (3) A deferral is calculated by first
promulgated, have a significant
economic impact on a substantial This part applies to: calculating the length of enrollment in
number of small entities. Therefore, the (a) The Office of the Secretary of the degree program from start date to
Regulatory Flexibility Act, as amended, Defense, the Military Departments, the anticipated graduation date, and then
does not require us to prepare a Chairman of the Joint Chiefs of Staff and adding the length of enrollment in the
regulatory flexibility analysis. the Joint Staff, the Combatant degree program to the service deadline.
Commands, the Office of the Inspector (4) Approvals of deferrals will be
Public Law 96–511, ‘‘Paperwork General of the Department of Defense, considered on a case-by-case basis.
Reduction Act’’ (44 U.S.C. Chapter 35) the Defense Agencies, the DoD Field Extension of the NSEP service
It has been certified that 32 CFR part Activities, and all other organizational agreement. Official NSEP
208 does impose reporting or entities in the DoD (referred to documentation signed by the
recordkeeping requirements under the collectively in this part as the ‘‘DoD ASD(R&FM), through the DASD(R), by
Paperwork Reduction Act of 1995. Components’’). which an NSEP award recipient who
These requirements have been approved (b) The Administrative Agent. If the has completed award requirements,
by OMB and assigned OMB Control Administrative Agent is an entity reached the service deadline, and is
Number 0704-0368, National Security outside of DoD pursuant to a DoD actively seeking to fulfill the NSEP
Education Program (Service Agreement contract, grant, or cooperative service agreement in a well-documented
Report for Scholarship and Fellowship agreement, then DoD personnel shall manner is allowed to extend the service
Awards). ensure that the relevant contract, grant deadline. An extension reschedules the
or cooperative agreement aligns with the date by which an NSEP award recipient
Executive Order 13132, ‘‘Federalism’’ policies and procedures set forth in this must complete the service required in
Executive Order 13132 establishes part. the NSEP service agreement.
certain requirements that an agency (c) All recipients of awards by NSEP. Intelligence Community. Any element
must meet when it promulgates a of the Intelligence Community as
§ 208.3 Definitions. defined in Section 3 of the National
proposed rule (and subsequent final These terms and their definitions are
rule) that imposes substantial direct Security Act of 1947, as revised, [50
for the purpose of this part. U.S.C. 3003].
requirement costs on State and local Administrative agent. Organization
governments, preempts State law, or Language proficiency. The U.S.
that will administer and monitor Government relies on the Interagency
otherwise has Federalism implications. resources for NSEP.
This proposed rule will not have a Language Roundtable (ILR) scale to
Boren Fellowship. A competitive determine language proficiency.
substantial effect on State and local
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award granted for graduate study under According to the ILR scale:
governments. NSEP. (1) 0 is No Proficiency.
List of Subjects in 32 CFR Part 208 Boren Scholarship. A competitive (2) 0+ is Memorized Proficiency.
award granted for undergraduate study (3) 1 is Elementary Proficiency.
Education, Languages, Service abroad under NSEP. (4) 1+ is Elementary Proficiency, Plus.
agreement. Critical area. Determined by the (5) 2 is Limited Working Proficiency.
Accordingly 32 CFR part 208 is Secretary of Defense, in consultation (6) 2+ is Limited Working Proficiency,
proposed to be added to read as follows: with the members of the National Plus.

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Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69169

(7) 3 is General Professional Work in fulfillment of the NSEP agreement until all service requirements
Proficiency. service agreement. Upon completion of are satisfied.
(8) 3+ is General Professional the NSEP award recipient’s study (d) All NSEP award recipients who
Proficiency, Plus. program, such individual must seek are government employees or members
(9) 4 is Advanced Professional employment in the DoD, Department of of the uniformed services at the time of
Proficiency. Homeland Security (DHS), Department award must confirm that they have
(10) 4+ is Advanced Professional of State (DOS), or the Intelligence resigned or been separated from such
Proficiency, Plus. Community, or if no suitable position is employment or service before receiving
(11) 5 is Functional Native available, anywhere in the U.S. support for their NSEP-funded overseas
Proficiency. Government in a position with national study. These stipulations apply to all
NSEP Service Approval Committee. security responsibilities. If such individuals, including employees of a
Committee of key NSEP staff members individual is unsuccessful in finding a department, agency, or entity of the U.S.
who review the merits of all requests for federal position after making a good Government and members of the
service credit, deferrals, extensions, or faith effort to do so, award recipient uniformed services, including members
waivers of the NSEP service agreement, agrees to seek employment in the field of a Reserve Component of the
including adjudication of all cases of education in a position related to the uniformed services. ROTC participants
involving award recipients who decline study supported by such scholarship or who are also members of a Reserve
job offers, in order to provide fellowship. The award recipient further Component must be in an inactive, non-
recommendations to the ASD(R&FM), agrees to fulfill the service requirement. drilling status during the course of their
through the DASD(R). NSEP-funded overseas study.
Other federal agencies. Includes any § 208.4 Policy.
(e) Neither DoD nor the U.S.
federal government agency, department, It is DoD policy that: Government is obligated to provide, or
bureau, office or any other federal (a) NSEP assist in making available to offer employment to, award recipients
government organization of any nature DoD and other federal entities, as as a result of participation in the
other than the Department of Defense or applicable, personnel possessing program. All federal agencies are
any component, agency, department, proficiency in languages and foreign encouraged to assist in placing NSEP
field activity or any other regional expertise critical to national award recipients upon successful
subcomponent of any kind within or security by providing scholarships and completion of the program.
subordinate to the Department of fellowships pursuant to 50 U.S.C.
Defense. 1902(a). These scholarships and § 208.5 Responsibilities.
Program end date. Official end of an fellowships will be awarded to: (a) Under the authority, direction, and
NSEP award recipient’s program, as set control of the Under Secretary of
(1) Students who are U.S. citizens, to
forth within the individual’s NSEP Defense for Personnel and Readiness
pursue qualifying undergraduate and
service agreement. (USD(P&R)), the ASD(R&FM):
Reserve Officer Training Corps graduate study in domestic and foreign
education systems to assist in meeting (1) Develops programs, processes, and
(ROTC). College program offered at
national security needs for professionals policies to support NSEP award
colleges and universities across the
with in-depth knowledge of world recipients in fulfilling their NSEP
United States that prepares young adults
languages and cultures, and who enter service agreement through internships
to become officers in the U.S. Military.
into an NSEP service agreement as or employment in federal security
In exchange for a paid college education
required by 50 U.S.C. 1902(b); or agencies pursuant to 50 U.S.C. chapter
and a guaranteed post-college career,
(2) Students who are U.S. citizens 37.
cadets commit to serve in the Military
after graduation. Each Service branch who are native speakers of a foreign (2) Determines, pursuant to 50 U.S.C.
administers its own ROTC program. language identified as critical to the 1902(a), after consultation with the
Request of service credit in fulfillment national security of the United States, National Security Education Board,
of the NSEP service agreement. Written but who are not proficient at a which countries, languages, and
request made through submission of a professional level in the English disciplines are critical and in which
DD Form 2753 to the NSEP office, language with respect to reading, there are deficiencies of knowledgeable
documenting how employment an NSEP writing, and other skills, to enable such personnel within federal entities.
award recipient held or holds complies students to pursue English language (b) Under the authority, direction, and
with fulfillment of the NSEP service studies at institutions of higher control of the ASD(R&FM), the
agreement. education. Recipients must agree to DASD(R):
Satisfactory academic progress. enter into an NSEP service agreement as (1) Makes available competitive
Maintenance of academic standards at required by 50 U.S.C. 1902(b). scholarship, fellowship, and English for
both home and host institution(s) for (b) Grants will be awarded to Heritage Language Speakers (EHLS)
every NSEP award recipient for the institutions of higher education for awards to U.S. citizens who wish to
duration of the study program and as programs in critical areas pursuant to 50 engage in study for the purposes of
defined in each NSEP service U.S.C. 1902(a) and 1902(f) to implement national security in accordance with 50
agreement. a national system of programs to U.S.C. chapter 37.
Service deadline. Date by which NSEP produce advanced language expertise (2) Manages, oversees, and monitors
award recipient must begin to fulfill the critical to the national security of the compliance of NSEP service agreements.
United States. (3) Advises NSEP award recipients on
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NSEP service agreement.
Waiver of the NSEP service (c) An NSEP award recipient must how to fulfill their NSEP service
agreement. Official NSEP enter into an NSEP service agreement agreement in national security
documentation, signed by the before receipt of an award as required positions.
ASD(R&FM), through the DASD(R), by by 50 U.S.C. chapter 37. The award (4) Maintains documentation of
which an NSEP award recipient is recipient must agree to maintain successful completion of federal service
relieved of responsibilities associated satisfactory academic progress and work or initiates debt collection procedures
with the NSEP service agreement. in fulfillment of the NSEP service for those NSEP recipients who fail to

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Document Created: 2015-12-14 15:05:13
Document Modified: 2015-12-14 15:05:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule
Dates		Comments must be received by January 8, 2016.
Contact		Alison Patz, 571-256-0771.
FR Citation		80 FR 69166
RIN Number		0790-AJ01
CFR Associated		Education; Languages and Service Agreement

80 FR 69166 - National Security Education Program (NSEP) and NSEP Service Agreement

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 80, Issue 216 (November 9, 2015)

DEPARTMENT OF DEFENSE
Office of the Secretary