3 FAM 3900
Incentive pay
3 FAM 3910
Language Incentive Pay (LIP)
(CT:PER-1148; 08-14-2023)
(Office of Origin: GTM/CDA)
3 FAM 3911 THE IMPORTANCE OF FOREIGN LANGUAGE PROFICIENCY IN THE FOREIGN SERVICE
3 FAM 3911.1 General Information
(CT:PER-783; 09-16-2015)
(State Only)
(Applies to Foreign Service employees)
Foreign language proficiency is a hallmark of the professional Foreign Service employee. It enhances a member’s ability to improve the U.S. national image abroad, advocate foreign policy objectives, and engage foreign audiences in discourse on a broad range of subjects. For this reason, foreign language proficiency is integrated into the Foreign Service Career Development Program as a requirement for tenure and entry into the Senior Foreign Service. Section 702 of the Foreign Service Act of 1980, as amended, 22 U.S.C 4022 et seq., provides that "the Secretary shall establish foreign language proficiency requirements for members of the Service who are to be assigned abroad in order that Foreign Service posts abroad will be staffed by individuals having a useful knowledge of the language or dialect common to the country in which the post is located." Bureaus designate which positions require proficiency in a local language and at what level. To increase the number of qualified candidates available to fill language designated positions (LDPs), the Department instituted the Recruitment Language Program and language incentive pay.
3 FAM 3911.2 Definitions
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service)
Advanced Proficiency (AP): Language proficiency designation indicating advanced professional proficiency in speaking/listening (S-AP) or reading comprehension (R-AP). AP replaced previous numerical language proficiency scores of 4 and above (S-4, R-4 and above) as of October 1, 2022.
Asymmetric Language Incentive Pay (ASLIP): A pilot incentive program under which eligible employees are compensated for “asymmetric” speaking and reading proficiency (e.g., for an S-3/R-1) in a small number of languages.
Asymmetric Language Incentive Pay (ASLIP) Language: A language that appears on the list of ASLIP incentive languages under 3 FAH-1 H-3911.2.
Bonus/Bump-Up Points: Beginning with the June 2012 FSOT cohort, generalist candidates can receive 17 bonus points for all languages listed here if they pass the telephone language test at a speaking level 3 after passing the Oral Assessment. Candidates testing in the languages eligible for higher bonus points need only a level 2 speaking ability (as measured on the telephone test) to obtain the 17 language bonus points. Only the following languages are eligible for higher bonus points: Arabic; Chinese (Mandarin); Hindi; Persian (Dari); Persian (Farsi); Urdu; and Korean.
Foreign Service Officer: A Foreign Service officer is a member of the Foreign Service as defined in 3 FAM 2234.1, paragraph a. A Foreign Service officer is also known as a Foreign Service generalist.
Foreign Service Specialist: A Foreign Service specialist is a member of the Foreign Service as defined in 3 FAM 2234.1, paragraph b.
Language Categories: The Department uses the following groupings to distinguish language difficulty and normal course of study:
· Category I Languages (World Languages)
· French, Italian, Portuguese, Romanian, Spanish, Danish, Dutch, Norwegian and Swedish
· Category II Languages (Difficult World Languages)
· German, Indonesian, Malay, and Swahili
· Category III Languages (Hard Languages)
· Most non-Romance/Germanic except Arabic, Chinese (Cantonese and Mandarin,) Japanese and Korean
· Category IV Languages (Super Hard Languages)
· Arabic, Chinese (Cantonese and Mandarin), Japanese and Korean
Language-Designated Position (LDP): A language-designated position (LDP) is a position, overseas or domestic, officially designated by the Department as requiring a specified level of language competence on the part of the incumbent.
Language Incentive Pay (LIP): A monetary incentive program for proficiency in designated hard and super-hard languages. Except as noted in 3 FAM 3913.1, 3 FAM 3914, or where otherwise differentiated, LIP shall be read to include pay under the ASLIP program as well as under LIP.
Language Incentive Pay (LIP) Language: A language that appears on the list of LIP-incentive languages under 3 FAH-1 H-3911.2.
Language Incentive Payment: A monetary payment made to a qualifying member under the LIP or ASLIP program. Except as noted in 3 FAM 3913.1, 3 FAM 3914, or where otherwise differentiated, language-incentive payments shall be read to include payments under the ASLIP program as well as under LIP.
Language-Preferred Position (LPP): A position that bears a language designation of 0/0 is “language preferred.”
Member: A member of the Service as defined in section 103(1) through section 103(5) of the Foreign Service Act of 1980; 1980-096-0465, as amended.
Normal Course of Study: The length generally required to attain the required proficiency.
· Category I Languages (World Languages)
· S-3/R-3 Objective:
· 24 Weeks - Italian, Portuguese, Romanian, Spanish, Danish, Dutch, Norwegian and Swedish
· 30 Weeks – French
· S-2/R-2 Objective: 16-20 weeks
· Category II Languages (Difficult World Languages)
· S-3/R-3 Objective:
· 36 weeks – German, Indonesian, Malay and Swahili
· S-2/R-2 Objective: 24 weeks
· Category III Languages (Hard Languages)
· S-3/R-3 Objective:
· 44 weeks - Most non-Romance/Germanic except Arabic, Chinese (Cantonese and Mandarin,) Japanese and Korean
· S-2/R-2 Objective: 28-32 weeks
· Category IV Languages (Super Hard Languages)
· S-3/R-3 Objective:
· 88 Weeks - Arabic, Chinese (Cantonese and Mandarin), Japanese and Korean
· S-2/R-2 Objective: 44 weeks
· S-2/R-1 Objective: 32-36 weeks (for Arabic and Chinese)
· S-2/R-0 Objective: 32-36 weeks (for Korean and Japanese – 30-32 weeks)
Primary Language(s): A primary language is the official national language of the area or a language that may be used officially on a coequal basis, either nationally or regionally, or a language that is used officially or widely by the government in conducting internal/foreign affairs and by educated circles.
3 FAM 3912 GENERAL INFORMATION
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service)
3 FAM 3912.1 Purpose
(CT:PER-1059; 08-20-2021)
(State Only)
(Applies to Foreign Service employees)
To foster the development and use of foreign language skills deemed critical to its mission, the Department provides monetary incentives for proficiency in designated hard and super hard languages identified in this subchapter as “incentive languages.” The list of “incentive languages” may be revised from time to time to reflect the changing needs of the Department. Except as provided in 3 FAH-1 H-3914, the provisions of 3 FAM 3910 supersede all other language incentive pay rules and regulations.
3 FAM 3912.2 Authority
(CT:PER-783; 09-16-2015)
(State Only)
(Applies to Foreign Service employees)
The Department offers these incentives under Section 704 (b)(3) of the Foreign Service Act of 1980, as amended (“the Act”) (22 U.S.C. 4024(b)(3)).
3 FAM 3913 PAYMENT FOR INITIAL TOUR, EXTENSION OF TOUR, AND REPEAT TOUR AND END-OF-TOUR BONUS
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. LANGUAGE INCENTIVE PAY
(1) Effective November 1, 2014, the Department implemented new benefits for those who attain the required level of proficiency at post and for those who attain S-4/R-4 proficiency at post (S-AP/R-AP as of October 1, 2022). For detailed descriptions, please see 3 FAM 3913.2 to 3 FAM 3913.3.
b. LEGACY CLAUSE
(1) On January 14, 2013, the Department approved the elimination of the extension of tour, repeat tour and end-of-tour bonuses from the LIP program.
(2) Extension-of-tour, repeat-tour and end-of-tour language incentive pay benefits are no longer available to both LIP and ASLIP recipients as of November 1, 2014.
(3) As of October 1, 2022, the proficiency designation AP (Advanced Proficiency) replaced the numerical proficiency scores of 4 and 5. The Advanced Proficiency designation appears on a member's records as S-AP or R-AP. A score of S-AP/R-AP is deemed equivalent to one test score at S-4/R-4 for the purpose of establishing eligibility for language incentive pay.
3 FAM 3913.1 Language Proficiency Payment
(CT:PER-1059; 08-20-2021)
(State Only)
(Applies to Foreign Service employees)
A member of the Foreign Service who qualifies for language incentive pay under 3 FAM 3914 shall receive the “language proficiency payment” described in 3 FAM 3916.
3 FAM 3913.2 Payment for Those who Attain the Required Proficiency at Post
(CT:PER-1059; 08-20-2021)
(State Only)
(Applies to Foreign Service employees)
A member who arrives at post without the required level of language proficiency and subsequently attains the required level of proficiency will be paid a bonus equivalent to the amount of money the employee would have received if s/he had received LIP from arrival at post up until the time the employee attained the required proficiency level. To be eligible the member must be serving in a qualifying position and attain the target proficiency level in both speaking and reading by an FSI exam within the first half of the employee’s original tour length.
3 FAM 3913.3 Payment for Those who Attain a S-AP/R-AP at Post (S-4/R-4 prior to October 1, 2022)
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
A member who qualifies for LIP and subsequently attains the S-AP/R-AP level in that language while at post (S-4/R-4 prior to October 1, 2022), will be paid the increased level of LIP for the S-AP/R-AP level (S-4/R-4 prior to October 1, 2022) for the entire time the member has been at post. To be eligible the member must be serving in a qualifying position and attain the target proficiency in both speaking and reading by an FSI exam during the first half of the original tour length. This benefit applies to all tours, regardless of length.
3 FAM 3914 ELIGIBILITY FOR LANGUAGE INCENTIVE PAY
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. In order to be eligible for language incentive pay (other than asymmetric language incentive pay), an employee must meet the following criteria:
(1) Be a member of the Foreign Service as defined in section 103(1) through 103(5) of the Foreign Service Act of 1980, as amended;
(2) Except as provided in 3 FAM 3916, paragraph b, have a valid proficiency of S-3/R-3 or better if a Foreign Service generalist, or, if a Foreign Service specialist, has a proficiency of S-2/R-2 or better; and
(3) Be serving in any position (either language-designated or non-language designated) at a post abroad where a language currently on the list of incentive languages is a primary language, or in any language-designated position (LDP), overseas or domestic, that requires an incentive language (see 3 FAH-1 H-3911).
(i) Primary language(s): A primary language is the official national language of the area or a language that may be used officially on a coequal basis, either nationally or regionally, or a language that is used officially or widely by the government in conducting internal/foreign affairs, and by educated circles.
(ii) LIP-supported posts and languages:
NOTE 1: Language-designated positions may be established in non-primary languages in countries where those languages are deemed essential to the individual member's responsibilities, such as Persian-Farsi LDPs in Turkey and Mandarin Chinese in Abu Dhabi. Language incentive pay shall not be paid for non-primary languages at these posts other than to employees assigned to such specific LDPs;
(4) Possess a valid FSI-certified speaking and reading language test score to document a qualifying proficiency level or meet the proficiency requirements described in 3 FAM 3914(2). For the purposes of this program, certified test scores are valid for a maximum of five years. The latest score is the valid score. For further details, see 3 FAM 3917 -- Periods during which Language-Incentive Payments are effective. A LIP toolkit to assist in determining an employee’s eligibility for language incentive pay, LIP toolkit.
b. To be eligible for asymmetric language incentive pay (ASLIP), an employee must meet the following criteria:
(1) Be a member of the Foreign Service as defined in section 103(1) through 103(5) of the Foreign Service Act of 1980, as amended;
(2) Have an eligible ASLIP score, as defined in 3 FAM 3916;
(3) Be serving in any position (either language-designated or non-language designated) at a post abroad where a language currently on the list of incentive languages is a primary language, or in any language-designated position (LDP), overseas or domestic, requiring an incentive language (see 3 FAH-1 H-3912); and
(4) Possess a FSI-certified speaking and reading language test score, valid on November 12, 2009 or as of July 3, 2013 for Korean or at the beginning of eligible assignments subsequent to that date to document a qualifying proficiency level or meet the proficiency requirements described in 3 FAM 3915. For the purposes of this program, certified test scores are valid for a maximum of 5 years. The latest score is the valid score. For further details, see 3 FAM 3917.
(i) Primary language(s): A primary language is the official national language of the area or a language that may be used officially on a coequal basis, either nationally or regionally, or a language that is used officially or widely by the government in conducting internal/foreign affairs, and by educated circles.
(ii) LIP-supported posts and languages.
NOTE 1: Language-designated positions may be established in non-primary languages in countries where those languages are deemed essential to the individual member's responsibilities, such as Persian-Farsi LDPs in Turkey and Mandarin Chinese in Abu Dhabi. Language incentive pay shall not be paid for non-primary languages at these posts other than to employees assigned to such specific LDPs;
3 FAM 3915 ESTABLISHING LANGUAGE PROFICIENCY AT THE S-AP/R-AP LEVEL (S-4/R-4 PRIOR TO OCTOBER 1, 2022)
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. For the purpose of establishing eligibility for language incentive pay, a member who previously has tested at the S-AP/R-AP level of proficiency (S-4/R-4 prior to October 1, 2022) is deemed to have at least an S-3/R-3 proficiency level indefinitely unless the member later tests below S-AP/R-AP (S-4/R-4 prior to October 1, 2022). A supervisor may request that the proficiency level be recertified.
b. PRIOR TO OCTOBER 1, 2022: For the purpose of establishing eligibility for language incentive pay, a member who receives two test scores of S-4/R-4 at least 4 years apart, or one test score of S-5/R-5, is deemed to have at least S-4/R-4 proficiency indefinitely. A supervisor may request that the proficiency level be recertified.
c. EFFECTIVE OCTOBER 1, 2022: For the purpose of establishing eligibility for language incentive pay, a member who receives two test scores of S-AP/R-AP at least 4 years apart is deemed to have S-AP/R-AP proficiency indefinitely. A supervisor may request that the proficiency level be recertified.
d. Language incentive pay shall not be granted for proficiency in a language if that proficiency was a condition of the member’s initial employment with the Foreign Service, e.g. the Consular Adjudicator Limited Non-Career Appointment (LNA) Program. It does not apply to the Recruitment Language Program, the Diplomatic Security Protective Security Specialist LNA Program, or the Career Civil Service LNA Program (with the exception of language translators and interpreters).
3 FAM 3916 MONETARY PAYMENT LEVELS
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. The “language proficiency payment” for eligible members shall be calculated as follows:
(1) For a Foreign Service specialist (or employee serving in a limited non-career appointment in a specialist position abroad) with a qualifying rating of S-2/R-2 in an incentive language (see 3 FAH-1 H-3911), the language proficiency payment is five percent of the base schedule salary of an FS-01/step 1 member of the Foreign Service, as defined in 5 U.S.C. 5302(1) and adjusted annually according to 5 U.S.C. 5303(a).
(a) This provision does not apply to the Consular Adjudicator LNA Program; and
(b) Does apply to the Recruitment Language Program, the Diplomatic Security Protective Security Specialist LNA Program, or the Career Civil Service LNA Program (with the exception of language translators and interpreters).
(2) For any member with a qualifying rating of S-3/R-3 in an incentive language (see 3 FAH-1 H-3911), the language proficiency payment is 10 percent of the base schedule salary of an FS-01/step 1 member of the Foreign Service, as defined in 5 U.S.C. 5302(1) and adjusted annually according to 5 U.S.C. 5303(a); and
(3) For any member with a qualifying rating of S-AP/R-AP in an incentive language (S-4/R-4 or better prior to October 1, 2022), the language proficiency payment is 15 percent of the base schedule salary of an FS-01/step 1 member, as defined in 5 U.S.C. 5302(1) and adjusted annually according to 5 U.S.C. 5303(a).
b. Under a pilot program, the Department offers asymmetric language incentive pay (ASLIP) for demonstrated proficiency in several strategically important incentive languages (see 3 FAH-1 H-3911.2). Under ASLIP, members of the Foreign Service who have proficiency in the incentive languages (see 3 FAH-1 H-3911) will be compensated for scores in addition to S-2/R-2, S-3/R-3, or S-AP/R-AP (S-4/R-4 prior to October 1, 2022). ASLIP scores will be compensated as a percent of the base schedule salary of an FS-01/step 1 member of the Foreign Service, as defined in 5 U.S.C. 5302(1) and adjusted annually according to 5 U.S.C. 5303(a) as follows:
· S-2/R-2 – 5 percent
· S-3/R-1 – 5 percent
· S-3/R-2 – 7.5 percent
· S-3/R-3 – 10 percent
· S-4/R-2 – 10 percent
· S-4/R-3 – 12.5 percent
· S-4/R-4 and above – 15 percent
c. Effective March 20, 2017, a member with a score of S-3+/R-2 or S-3+/R-2+ in a super hard language (Arabic, Chinese-Cantonese, Chinese-Mandarin, Japanese, or Korean) may receive LIP at the S-3/R-3 level. Also effective March 20, 2017, employees with S-3+/R-2 or S-3+/R-2+ scores who are already receiving ASLIP in super-hard languages at the S-3/R-2 rate are eligible to receive LIP at the S-3/R-3 level, and should notify their management officer at post of their eligibility so that post may promptly authorize the appropriate payroll office to adjust the rate of the employee's incentive payment. At this time, making a score of S-3+/R-2 or S-3+/R2+ equivalent to an S-3/R-3 in super-hard languages only applies to LIP and bidding. All other language-related policies remain unchanged.
d. The basic FS pay scale is published annually under an executive order.
3 FAM 3917 PERIODS DURING WHICH LANGUAGE INCENTIVE PAYMENTS ARE EFFECTIVE
(CT:PER-1148; 08-14-2023)
(State Only)
(Applies to Foreign Service employees)
a. The provisions of 3 FAM 3910, Language Incentive Pay, became effective on the first day of the first pay period following October 1, 1999. The provisions of 3 FAM 3914, paragraph b, regarding asymmetric LIP, shall become effective on the first day of the first pay period following November 12, 2009 (or following July 3, 2013 for Korean).
b. In all provisions, Language Incentive Pay shall terminate at the end of the pay period during which the member permanently departs the post or position or departs the post or position on a long-term temporary duty assignment (TDY) of thirty-one days or longer or if the member tests again in the language during the qualifying assignment and receives a score which makes him/her no longer eligible for Language Incentive Pay.
NOTE: 3 FAH-1 H-3914 contains provisions concerning the implementation of this program.
c. Members of the Foreign Service who are on extended detail or TDY for more than 30 days to a Special Incentive Post (SIP) as designated by the Department and possess a SIP language skill that appears on the list of incentive languages at certain levels are eligible to receive LIP or ASLIP in accordance with the procedures outlined in 3 FAM 3914. Employees sent TDY from a current post of assignment where they are receiving LIP or ASLIP in a non-SIP incentive language will not be eligible for that LIP or ASLIP while TDY at a SIP.
d. Periods during which language incentive payments are effective include the following:
(1) For a member eligible prior to arrival at post, language incentive pay shall be effective at the beginning of the first full pay period after the member’s arrival at post and shall continue for the duration of the tour of duty.
(2) When a member receives a qualifying language test score during the first half of his/her original tour length, language incentive pay be effective at the beginning of the first full pay period after the member passes the test at the required level as certified by FSI. S/he will receive a bonus equivalent to the amount of money s/he would have received if s/he had arrived at post LIP qualified until s/he attained the required proficiency level.
(3) When a member receives a qualifying language test score during the second half of his/her original tour length, language incentive pay shall be effective at the beginning of the first full pay period after the member passes the test at the required level as certified by FSI. Language incentive pay shall be paid for the remainder of the tour of duty.
(4) When a language is added to the incentive language list (3 FAH-1 H-3911) after a member’s arrival at post and if the member is otherwise eligible, language incentive pay shall be effective at the beginning of the first full pay period after that language is added to the incentive language list and shall continue for the duration of the tour.
(5) If a language is removed from either the LIP or ASLIP incentive language list (3 FAH-1 H-3911.1 and 3 FAH-1 H-3911.2), language-incentive pay shall not be terminated for any otherwise qualifying member during service at the post or in the position for which the original incentive payment was awarded.
(6) When the member departs post pursuant to ordered or authorized departure, language incentive pay shall terminate on the earlier of either (1) the date the member commences travel on departure orders or (2) the date the member begins receiving evacuation allowance on evacuation orders; language incentive pay shall resume on the date the member returns to post. When the member is away from post for continuous periods of 30 calendar days or less, including temporary duty travel, medical evacuation or combinations of annual leave, sick leave, and leave without pay, such periods will be included as continuing presence at post. Language incentive pay shall terminate on the 31st day away from post and resume on the date the member commences return to post. Post must notify the payroll servicing office via cable of the above.
3 FAM 3918 TESTING FOR LANGUAGE INCENTIVE PAY
3 FAM 3918.1 Member Responsibility for Scheduling Tests
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. A member is entitled to, and is responsible for arranging, a test at FSI before going to post. The member should notify the FSI Testing Unit at least three weeks before the desired test date. FSI shall attempt to schedule tests as close to the requested dates as possible. A member who does not pass both the reading and speaking components of the FSI language test may request a retest no sooner than six months after the test in question or after 100 hours of additional intensive training provided by the Department.
b. A member who has passed one component of the FSI language test (reading or speaking) may retest up to three times after four weeks and within six months, upon request, in just the component in which the proficiency was not met. The second score will be the score of record and will be combined with the other component’s original score. The test date will reflect retest date.
3 FAM 3918.2 Disputes Concerning Eligibility for Language Incentive Pay
(CT:PER-995; 06-01-2020)
(State Only)
(Applies to Foreign Service employees)
A member of the Foreign Service may appeal a dispute concerning qualifications under the regulations for language incentive pay to the Director, Office of Career Development and Assignments, Bureau of Global Talent Management (GTM/CDA).
3 FAM 3919 RESPONSIBILITIES FOR NOTIFICATION OF ELIGIBILITY
3 FAM 3919.1 General
(CT:PER-995; 06-01-2020)
(State Only)
(Applies to Foreign Service employees)
Responsibilities for notification of eligibility are as follows:
(1) A member of the Foreign Service is responsible for promptly notifying the post’s management officer of possible eligibility for language incentive pay; (A printout of a member’s employee profile constitutes notification of test scores); and
(2) The member’s post is responsible for promptly authorizing the appropriate payroll office to make the language incentive payment to the qualified member. The post authorization shall include:
(a) Member’s name and payroll number;
(b) A statement that the member meets the eligibility criteria outlined in 3 FAM 3914; and
(c) A statement from the member attesting that his or her competency in the language was not a condition of initial employment.
NOTE: This provision applies to the Consular Adjudicator Limited Non-Career Appointment (LNA) Program. It does not apply to the Recruitment Language Program, the Diplomatic Security Protective Security Specialist LNA Program, or the Career Civil Service LNA Program (with the exception of language translators and interpreters);
(d) The proper monetary payment level as outlined in 3 FAM 3916 or 3 FAH-1 H-3914.4, indicating the member’s qualifying level of language proficiency and the percentage of “language proficiency payment” for which the member qualifies; and
(e) The effective date of the language incentive payment as outlined in 3 FAM 3917. The post shall also follow any special notification procedure issued by the appropriate payroll office. If sufficient information, other than FSI test score data is unavailable for the post to make a determination, post should request such information from GTM/CDA; and
(f) Should a member take a language test while receiving LIP and score a LIP-enhancing, lowering or disqualifying score, it is the responsibility for the member to immediately notify post. Post must follow up with the appropriate payroll office.
(4) The appropriate payroll office is responsible for promptly processing the approved language incentive pay.
3 FAM 3919.2 Notification to Terminate
(CT:PER-1144; 07-17-2023)
(State Only)
(Applies to Foreign Service employees)
a. The post or, in the case of a domestic assignment (e.g., NRRC), the employing bureau is responsible for promptly notifying the appropriate payroll office of the loss/termination of eligibility and the date of loss/termination. (See 3 FAM 3914).
b. The official departure from post message (known as Travel Message Five or TMFIVE) on a member receiving language incentive pay who transfers or separates (including resignation or retirement), must contain the following statement: “Stop language incentive pay as of the end of the pay period in which the actual time of departure (ATD) falls.”
c. Upon receipt of such notification, the
member’s payroll office shall stop language incentive pay as of the end
of the pay period in which the termination date falls.