CFR > Title 5 - Administrative Personnel > CHAPTER XCIX—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS (DEPARTMENT OF DEFENSE—OFFICE OF PERSONNEL MANAGEMENT) > PART 9901—DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM (NSPS) > SUBPART C—Pay and Pay Administration (§9901.301 to §9901.372) > 9901.364—Foreign language proficiency pay.

9901.364—Foreign language proficiency pay.

(a) General provisions. (1) This section applies to employees who may be paid Foreign Language Proficiency Pay (FLPP) if they are certified as proficient in a foreign language the Secretary has determined to be necessary for national security interests, and if they are not receiving FLPP as provided in 10 U.S.C. 1596 and 10 U.S.C. 1596a.
(2) The Secretary is authorized to publish an annual list of foreign languages necessary for national security interests and to establish overall policy for administration of the Defense Language Program.
(3) Employees may be certified as proficient in a necessary foreign language using criteria and procedures established by the Secretary and receive FLPP.
(b) Eligibility criteria. An authorized management official delegated the authority for approving payment must document that an employee meets eligibility criteria before authorizing FLPP. The documentation includes—
(1) Certification within the last 12 months of the employee's proficiency in a foreign language the Secretary has determined necessary for national security interests;
(2) Affirmation that the employee does not currently receive comparable pay under 10 U.S.C. 1596 or 1596a ;
(3) Certification of the employee's foreign language proficiency level renewed annually; and
(4) Certification based on an annual test that is part of the Defense Language Proficiency Test System.
(c) Amount and method of payment. The decision to grant FLPP, including the amount, will be reviewed and approved by an official who is at a higher level than the official who made the initial decision, as determined by the Component, unless there is no official at a higher level in the organization. The amount of FLPP received by the employee, not to exceed $500 per pay period, will be determined based on the following considerations:
(1) The employee's measured proficiency level in the necessary language;
(2) The need for the employee's particular language skills;
(3) The difficulty of recruiting or retaining employees with the same proficiencies;
(4) The extent to which the employee performs tasks requiring proficiency;
(5) The number of necessary languages in which the employee is proficient; and
(6) Other considerations authorized by the Secretary.
(d) Treatment for other purposes. FLPP is not considered part of basic pay for any purpose and does not count towards retirement, insurance, or any other benefit related to basic pay. FLPP is not pay for purposes of a lump-sum payment for leave under 5 U.S.C. 5551 or 5552.
(e) Termination. The authorized management official as determined by the Component may reduce or terminate FLPP at any time when the official determines—
(1) The need for the employee's language capability has been reduced or eliminated; or
(2) The employee no longer meets the certification requirements.
(f) Miscellaneous. (1) The minimum qualifying level may not be less than Interagency Language Roundtable Level 2 proficiency in at least two skills (listening, reading, speaking, or writing, as required).
(2) FLPP may be paid for proficiency in multiple languages; however, the total amount may not exceed $500 per pay period.