CHAPTER 400 - INVESTIGATIONS

**(400)- 420 [Foreign Language Award Program]{.underline}**

1.  [Overview.]{.underline}

This Section establishes TIGTA policy and procedures for granting cash
awards to law enforcement officers who possess and make substantial use
of one or more foreign languages in the performance of their official
duties.

This Section contains information regarding:

-   [Authorities](#Authorities)

-   [Definitions](#Definitions)

-   [Qualifying Foreign Languages](#QualifyingForeignLanguages)

-   [Foreign Language Capability](#ForeignLanguageCapability)

-   [Foreign Language Proficiency
    Testing](#ForeignLanguageProficiencyTesting)

-   [Eligibility Requirements](#EligibilityRequiriements)

-   [Cash Award Amounts](#CashAwardAmounts)

-   [Employee Responsibilities](#EmployeeResponsibilities)

-   [Manager Responsibilities](#ManagerResponsibilities)

-   [Approving Official
    Responsibilities](#ApprovingOfficialResponsibilities)

-   [Reconsideration Procedures](#ReconsiderationProcedures)

-   [Program Timetable](#ProgramTimetable)

420.1.1 [Acronyms
Table.](../../../../../../../../I:/chapter400-inv/acronyms-table/acronyms-table.doc)

420.2 []{#Authorities .anchor}[Authorities.]{.underline}

The following authorities authorize payment of a cash award and
establish policy and procedures for granting a cash award to law
enforcement officers who possess and substantially use one or more
foreign languages in the performance of official duties:

-   [5 U.S.C. §§ 4521-
    4523](http://assembler.law.cornell.edu/uscode/search/display.html?terms=4521&url=/uscode/html/uscode05/usc_sec_05_00004521----000-.html)

-   Treasury Personnel Manual, Chapter 451.1

420.3 []{#Definitions .anchor}[Definitions.]{.underline}

The following are definitions of terms used in the application of the
TIGTA Foreign Language Award Program (FLAP).

**Law Enforcement Officer** -- a law enforcement officer as defined by
[5 U.S.C. §
8331(20)](http://assembler.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00008331----000-.html)
and [5 U.S.C. §
8401(17)](http://assembler.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00008401----000-.html).
TIGTA employees eligible for this award are employees in the ES/GS-1811
series.

**Basic Pay** -- the rate of pay fixed by law or administrative action
for the position held by an employee before deductions and exclusive of
additional pay of any kind. Basic pay **does not** include:

-   Overtime pay - scheduled or administratively uncontrollable

-   Law Enforcement Availability Pay (LEAP)

-   Sunday or holiday pay

-   Night differential

-   Post differentials or cost of living allowances

-   Interim geographic adjustments

-   Special pay adjustments for law enforcement officers in selected
    cities under § 404 of the Federal Law Enforcement Reform Act of
    1990, [5 U.S.C. § 5305,
    note](http://assembler.law.cornell.edu/uscode/search/display.html?terms=5305&url=/uscode/html/uscode05/usc_sec_05_00005305----000-notes.html).

-   Locality-based comparability payments for GS employees in locality
    pay areas

Basic pay **does** include the higher minimum rates for law enforcement
officers under § 403 of the Federal Law Enforcement Reform Act of 1990,
[5 U.S.C. § 5305,
note](http://assembler.law.cornell.edu/uscode/search/display.html?terms=5305&url=/uscode/html/uscode05/usc_sec_05_00005305----000-notes.html)
and the special salary rates.

The foreign language cash award is computed on a Special Agent's (S/A)
basic pay in effect during the last pay period of the calendar year in
which the S/A's foreign language use is being reviewed. The cash award
is considered part of an S/A's annual aggregate pay and therefore is
subject to a limitation. Specifically, total aggregate pay cannot exceed
the annual rate of basic pay for Level V of the Executive Schedule for
any calendar year.

The cash award is in addition to basic pay and does not increase a S/A's
base salary for purposes of retirement or life insurance. The cash award
is subject to income tax withholding.

**Possesses a Foreign Language** -- achieving a specified speaking skill
level using the Federal Interagency Language Roundtable (FILR)
proficiency testing and rating system. To be eligible for an award under
the FLAP, S/A's must possess a minimum proficiency rating of S-2 or
above. See [420.6.1](#RequestingProficiencyTesting) of this Section for
proficiency ratings.

**Substantial Use** -- the usage of one or more foreign languages in the
performance of official duties for at least 10 percent of the scheduled
duty hours in a calendar year.

For **full-time** S/A's**,** substantial use equates to 209 hours or
more of foreign language use while performing official duties
([e.g.]{.underline} 10 percent of a 2087-hour work year). Use of a
foreign language during LEAP hours worked in the same calendar year are
included in the computation for substantial use.

For **part-time** S/A's**,** substantial use is determined by
calculating the percentage of a 40-hour week that a S/A is scheduled to
work, and multiplying that percentage by 209 hours (the minimum number
of hours a full-time S/A would have to use a foreign language in order
to meet the substantial use requirement).

For example, a S/A scheduled to work 24 hours per week would

have to use a foreign language for 125 hours during the calendar

year (24/40 = 60%, 209 x .60 = 125.4 or 125 hours).

S/A's who do not meet the full-time or prorated part-time substantial
use requirements may not be considered for an award under the FLAP. If a
S/A meets these requirements while using a foreign language for official
duties for only a portion of the award year ([e.g.]{.underline}, 6
months or 9 months as a result of retiring or resigning), the amount of
the award will be prorated based on that portion of the calendar year
that the foreign language was used in the performance of official
duties.

S/A's who do not meet the requirements for a foreign language award
([e.g.]{.underline} incidents of one-time or short term use) may be
considered for a Special Act Award. See [Chapter 600, Section
70.9.1](../../../../../../../../I:/chapter600-ms/600-70/chapter600-70.doc#PMPpurp7091051st)
of the TIGTA Operations Manual for award guidelines.

**Official Duties** - normally relate to the duties and responsibilities
described in a S/A\'s position description. Examples include, but are
not limited to, the following:

-   Teaching

-   Speaking

-   Reading

-   Writing

-   Surveillance

-   Protection assignments

-   Conducting or being a witness to an interview

-   Official public relations work

Hours spent learning a foreign language, attending class as a student,
or taking the proficiency test to participate in the FLAP are not
official duties for the purpose of qualifying for an award in the FLAP.

The Deputy Inspector General for Investigations (DIGI) makes the final
decision on what constitutes use of a foreign language in the
performance of official duties.

4.  []{#QualifyingForeignLanguages .anchor}[Qualifying Foreign
    Languages.]{.underline}

Foreign languages that qualify for the FLAP are those recognized as a
method of speech and communication by the FILR and are generally not
restricted.

Sign language where a foreign language is not involved does not qualify
for the FLAP. Where English is not the primary language used in
performing the S/A's official duties, substantial use of English does
not qualify for the FLAP. For example, if Spanish is the primary
language used in performing official duties and a S/A speaks English
only occasionally during the performance of his/her responsibilities,
the S/A cannot receive an award for use of the English language under
the FLAP. Additionally, using a foreign language as a matter of personal
preference rather than as a work requirement does not qualify for an
award.

The DIGI makes the final decision on whether the use of a foreign
language in the performance of official duties qualifies for the FLAP.

5.  []{#ForeignLanguageCapability .anchor}[Foreign Language
    Capability.]{.underline}

S/A's applying for the FLAP must report their foreign language
capability to their Special Agent in Charge (SAC) through their
Assistant Special Agent in Charge (ASAC). S/A's must complete a Foreign
Language Award Program Application (Form OI 9731) indicating each
language for which the S/A wishes to be tested and recognized as well as
a brief self-assessment of the estimated proficiency level for each
foreign language identified. The abbreviated descriptions of the foreign
language proficiency levels attached to the application may be used as a
guide for writing the self-assessment or the S/A may identify the
speaking level ([e.g.]{.underline} speaking S-2+, S-3) that is closest
to the S/A's estimated skill level.

S/A's applying for the FLAP who already possess FILR proficiency ratings
must identify the following on the Form OI 9731:

-   Foreign language

-   Proficiency rating

-   Date and place of last rating

Attach a copy of the test results to the Form OI 9731, if available.

The completed Form OI 9731 is filed in the S/A's or ASAC's Employee
Personnel File (EPF).

4.  []{#ForeignLanguageProficiencyTesting .anchor}[Foreign Language
    Proficiency Testing.]{.underline}

To be eligible for the program, S/A's must demonstrate their foreign
language(s) proficiency by attaining a tested FILR foreign language
proficiency rating of at least a Speaking Level 2 (S-2). S/A's without a
current FILR rating will be tested in the foreign language(s) for which
they claim proficiency. S/A's who have been tested must have a current
FILR proficiency rating based on the testing schedule listed in
[420.6.3](#TestingSchedule) of this Section. Proficiency testing is
required to participate in the FLAP.

An outside testing agency conducts the proficiency testing. The testing
agency uses the FILR proficiency testing/rating system as required by
Treasury Personnel Manual, Chapter 451.1 and when necessary, is
responsible for justifying the validity and reliability of the testing
procedures.

All speaking proficiency tests are conducted over the telephone and are
taped by the testing agency. No cellular telephones shall be used for
testing purposes. The National Training Program Coordinator provides the
test result to the SAC. The SAC provides the S/A with a copy of the test
result through his/her ASAC. The test result is used to determine
eligibility for participation in the FLAP.

The SAC notifies the Performance and Results Information System (PARIS)
Coordinator of the S/A's certification. The PARIS Coordinator updates
the S/A's PARIS employee record to indicate the certification, the
foreign language the S/A is certified to use, and the expiration date of
the certification.

420.6.1 []{#RequestingProficiencyTesting .anchor}[Requesting Proficiency
Testing.]{.underline} The SAC must coordinate testing through the
National Training Program Coordinator. During the first quarter of each
year, the SAC of each division must submit a Request, Authorization,
Agreement and Certification of Training (SF 182) that identifies all
S/A's in the division who request to be tested or require retesting. See
the retest schedule in [420.6.3](#TestingSchedule) of this Section.

Each SF 182 must contain a roster with the following information for
each S/A to be tested:

-   S/A name

-   SSN

-   Office location

-   Test type - speaking proficiency

-   Foreign language to be tested

Submit the completed SF 182 with attached roster and Privacy Act
statements to the National Training Program Coordinator for submission
to, payment of, and scheduling with the testing agency.

The National Training Program Coordinator notifies the SAC of the test
schedules for their divisions.

420.6.2 []{#ProficiencyRatings .anchor}[Proficiency
Ratings.]{.underline} The following are abbreviated descriptions of the
speaking skill levels established by the FILR:

> *[Speaking 0, No Proficiency (S-0)]{.underline}* -- Employee is unable
> to function in the spoken language. Oral production is limited to
> occasional isolated words. Has essentially no communicative ability.
>
> *[Speaking 0+, Memorized Proficiency (S-0+)]{.underline}* -- Employee
> is able to satisfy immediate needs using rehearsed utterances. Shows
> little real autonomy of expression, flexibility or spontaneity. Can
> ask questions or make statements with reasonable accuracy only with
> memorized utterances or formulae. Attempts at creating speech are
> usually unsuccessful.
>
> *[Speaking 1, Elementary Proficiency (S-1)]{.underline}* -- Employee
> is able to satisfy minimum courtesy requirements and maintain very
> simple face-to-face conversations on familiar topics.
>
> *[Speaking 1+, Elementary Proficiency, Plus (S-1+)]{.underline}* --
> Employee can initiate and maintain predictable face-to-face
> conversations and satisfy limited social demands.
>
> *[Speaking 2, Limited Working Proficiency (S-2)]{.underline}* --
> Employee is able to satisfy routine social demands and limited work
> requirements. Can handle routine work-related interactions that are
> limited in scope.
>
> *[Speaking 2+, Limited Working Proficiency, Plus (S-2+)]{.underline}*
> -- Employee is able to satisfy most work requirements with language
> usage that is often, but not always, acceptable and effective. The
> individual shows considerable ability to communicate effectively on
> topics relating to particular interests and special fields of
> competence.
>
> *[Speaking 3, General Professional Proficiency (S-3)]{.underline}* --
> Employee is able to speak the language with sufficient structural
> accuracy and vocabulary to participate effectively in most formal and
> informal conversations on practical, social and professional topics.
>
> *[Speaking 3+, Professional Proficiency, Plus (S-3+)]{.underline}* --
> Employee is often able to use the language to satisfy professional
> needs in a wide range of sophisticated and demanding tasks.
>
> *[Speaking 4, Advanced Professional Proficiency (S-4)]{.underline}* --
> Employee is able to use the language fluently and accurately on all
> levels normally pertinent to professional needs.
>
> *[Speaking 4+, Advanced Professional Proficiency, Plus
> (S-4+)]{.underline}* -- Employee's speaking proficiency is regularly
> superior in all respects, usually equivalent to that of a
> well-educated, highly articulate native speaker.
>
> *[Speaking 5, Functionally Native Proficiency (S-5)]{.underline}* --
> Employee's speaking proficiency is functionally equivalent to that of
> a highly articulate, well-educated native speaker and reflects the
> cultural standards of the country where the language is natively
> spoken.

420.6.3 []{#TestingSchedule .anchor}[Testing Schedule.]{.underline} All
applicants will be tested as they enter the program and are retested
according to their FILR rating:

> Less than S-2 - may be retested on a yearly basis
>
> S-2 through S-3+ - must be retested every two years
>
> S-4 and above - must be retested every four years

4.  []{#EligibilityRequiriements .anchor}[Eligibility
    Requirements.]{.underline}

S/A's who apply to participate in the FLAP must meet the following
eligibility requirements to be admitted into the FLAP:

-   A permanent full-time or part-time S/A.

-   A "Successful" rating on their most recent rating of record. The
    ASAC or SAC must confirm this requirement before a S/A is scheduled
    for testing or, if the S/A has a current FILR proficiency rating,
    before the S/A is admitted into the FLAP.

-   Attained a tested proficiency rating of at least a Speaking Level 2
    (S-2). See proficiency rating definitions in
    [420.6.2](#ProficiencyRatings) of this Section.

420.8 []{#CashAwardAmounts .anchor}[Cash Award Amounts.]{.underline}

Pursuant to [5 U.S.C. §
4523](http://assembler.law.cornell.edu/uscode/search/display.html?terms=4523&url=/uscode/html/uscode05/usc_sec_05_00004523----000-.html),
the cash award is based on both proficiency and substantial use of a
foreign language in the performance of official duties. The amount of
the award may be up to five percent of basic pay for the calendar year.
In order to improve proficiency and use, S/A's with a higher proficiency
rating level and/or greater use in the performance of official duties
may be eligible for larger awards. **All awards are subject to the
availability of funds.**

420.8.1 []{#SingleForeignLanguageAwards .anchor}[Single Foreign Language
Awards.]{.underline} Single foreign language award percentages are
computed based on the table below. To compute an award percentage,
identify the tested FILR speaking skill level and the number of
qualifying hours of annual foreign language use. Use the table below to
determine the award percentage. For example, a full-time S/A with a
speaking proficiency rating of S-2+ and 390 hours of foreign language
use may be eligible for an award of 2 percent of his/her basic pay.

### CASH AWARD COMPUTATION TABLE

+------------+---------------+-----------+-------------+------------+
|            | **Qualifying  |           |             |            |
|            | Hours for     |           |             |            |
|            | Foreign       |           |             |            |
|            | Language      |           |             |            |
|            | Awards**      |           |             |            |
|            |               |           |             |            |
|            | **and Awards  |           |             |            |
|            | Percentages** |           |             |            |
+------------+---------------+-----------+-------------+------------+
| **Tested   | **Level 1**   | **Level   | **Level 3** | **Level    |
| Skill**    |               | 2**       |             | 4**        |
|            | 209-311       |           | 416-519     |            |
| **Levels** |               | 312-415   |             | 520+       |
|            | hours used    |           | hours used  |            |
|            |               | hours     |             | hours used |
|            |               | used      |             |            |
+------------+---------------+-----------+-------------+------------+
| S-3 &      | 2% award      | 3% award  | 4% award    | 5% award   |
| above      |               |           |             |            |
+------------+---------------+-----------+-------------+------------+
| S-2 & S-2+ | 1% award      | 2% award  | 3% award    | 4% award   |
+------------+---------------+-----------+-------------+------------+

420.8.2 [Multiple Foreign Language Awards.]{.underline} S/A's who have
qualifying proficiency ratings and substantial use in more than one
foreign language, must submit supporting documentation for each foreign
language used. An award percentage is computed for each foreign
language. The award percentages for each foreign language are added
together to determine the total award percentage, however, the total
award may not exceed five percent of the S/A's basic pay for the
calendar year.

420.8.3 [Part-Time Special Agent Awards.]{.underline} A part-time S/A
who meets the eligibility requirements shall also be considered for a
foreign language award. First, the ASAC must determine if the S/A's
hours of foreign language use for the calendar year meet the part-time
substantial use requirement as defined in [420.3](#Definitions) of this
Section. If the hours of use do not meet the part-time substantial use
requirement, then the S/A is not eligible for an award.

If the part-time substantial use requirement is met, the award
percentage is computed by determining the appropriate range of
qualifying hours in the table in [420.8.1](#SingleForeignLanguageAwards)
of this Section and prorating the hours by the percentage calculated for
the part-time substantial use requirement.

For example, a S/A who works 16 hours per week, with a S-2 speaking
proficiency rating and 110 hours of foreign language use for the
calendar year, the award percentage shall be calculated as follows:

-   Determine the percentage of the work week for the part-time S/A\
    (e.g. 16 hours divided by 40 hours = 40%).

-   Prorate the first range of qualifying hours in the table to
    determine where the 110 hours of foreign language use will fall by
    multiplying 209 and 311 hours by 40% (209 hours x .40 = 83.6 or 84
    hours; 311 hours x .40 = 124.4 or 124 hours). The prorated range
    becomes 84-124 hours. Since the S/A's 110 hours of foreign language
    use falls within this level, no further calculations are required.
    If the hours of foreign language use exceed the first level, prorate
    the second and third levels, as necessary.

-   Apply the qualifying prorated hours and the S/A's S-2 tested
    proficiency rating to the table. The S/A may be eligible for an
    award of one percent of basic pay for the calendar year.

420.8.4 [Development and Maintenance Costs.]{.underline} Foreign
language training, development, and/or maintenance costs will not be
deducted from foreign language award amounts.

420.9 []{#EmployeeResponsibilities .anchor}[Employee
Responsibilities.]{.underline}

Since the amount of the award depends on the foreign language
proficiency rating and substantial use in the performance of official
duties for the calendar year, the number of hours of foreign language
use must be verifiable and documented.

S/A's who participate in the FLAP must document their foreign language
use in their bi-

weekly PARIS time reports. The hours of foreign language use must be
entered in the "FL" column of the PARIS time report. The foreign
language hours are the total number of hours a foreign language was used
for specific activities. Foreign language hours are a portion of the
Regular and LEAP hours worked each day. S/A's must also document the
official duties for which the foreign language was used by entering the
activities in the "Comments" column of the PARIS time report.

If a S/A is tracking use of two or more foreign languages, in addition
to documenting the activity in the "Comments" column, he/she must also
document the foreign language used and the number of hours the foreign
language was used for each activity.

420.10 []{#ManagerResponsibilities .anchor}[Manager
Responsibilities.]{.underline}

ASAC's and SAC's must review and approve authorized foreign language use
that is documented in the bi-weekly PARIS time report. Use the foreign
language PARIS time report as the supporting documentation for calendar
year-end FLAP award recommendations.

Within 30 days following the end of each calendar year, initiate FALP
award recommendations using HR Connect and forward to the SAC or
appropriate Assistant Inspector General for Investigations (AIGI) for
approval. Use the following procedures to submit the FLAP award through
HR Connect:

-   **Type of Award:** Foreign Language (Law Enforcement)

-   **Award Amount**

-   **Account Code:** Current fiscal year DIGI accounting code

```{=html}
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-   **Justification:** "Other" and in the Justification Box, prepare a
    short justification that includes the following information:

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-   Why the award is being recommended.

-   The S/A's certification to participate in the FLAP.

-   The number of foreign language hours as documented in approved

> bi-weekly PARIS time reports.

-   Any special projects or enhancements to investigations in which the
    foreign language was used.

-   **Comments:** Enter any additional information the Bureau of Public
    Debt (BPD) should be aware of in processing the award.

-   Sign the award recommendation as Initiating Official.

-   Attach the applicable PARIS time reports.

The SAC retains a copy of each award recommendation.

420.11 []{#ApprovingOfficialResponsibilities .anchor}[Approving Official
Responsibilities.]{.underline}

The SAC is the approving official for award recommendations submitted
for a S/A. The appropriate AIGI is the approving official for award
recommendations submitted for an ASAC. The SAC must certify the
availability of award funds with the Office of Investigations National
Budget Coordinator. After review, approval and certification of funds,
the SAC or AIGI submits the award through HR Connect for processing by
the BPD. The SAC forwards a copy of the approved award package to the
respective ASAC for retention in the S/A's EPF or for ASAC's, retains a
copy in the ASAC's EPF. The ASAC is responsible for ensuring the S/A
receives a copy of the award package.

430.12 []{#ReconsiderationProcedures .anchor}[Reconsideration
Procedures.]{.underline}

Since an outside testing agency administers the foreign language
proficiency test, test results may not be grieved. If a S/A disagrees
with the test result and the SAC cannot immediately resolve the
disagreement, the S/A can request that the testing agency conduct a
formal review of the test result in dispute. The testing agency will
issue a second opinion on the test results. If the S/A still disagrees
with the test results, the S/A will be scheduled for retesting on the
foreign language for which the test result is in dispute. The testing
agency must conduct the retest. The retest rating is the S/A's official
rating and cannot be disputed. The S/A may be retested according to the
testing schedule in [420.6.3](#TestingSchedule) of this Section.

S/A's who disagree with the number of hours certified by the ASAC and
SAC, or the hours approved by the AIGI, may submit requests for
reconsideration. The S/A must state the disagreement in writing and
submit it to his/her ASAC within 15 days of the S/A becoming aware of
the decision with which he/she disagrees. The S/A must state the reasons
and facts for his/her disagreement and must attach any available
evidence or documents that support his/her request.

Once foreign language use and/or testing issues have been resolved, the
amount of the cash award will be determined by using the computations
contained in [420.8](#CashAwardAmounts) of this Section. Any errors in
mathematics or in applying the computation table must be immediately
rectified.

420.13 []{#ProgramTimetable .anchor}[Program Timetable.]{.underline}

# January: ASAC must initiate award recommendations for S/A's for the previous calendar year to the SAC. The SAC must initiate award recommendations for ASAC's. 

January -- February: SAC or appropriate AIGI reviews and approves award
recommendations. After funds have been certified and awards approved,
the SAC forwards awards recommendations to BPD for processing. A copy of
the award package is sent to the S/A's ASAC for retention in the S/A's
EPF. A copy of an ASAC's award package is retained by the SAC in the
ASAC's EPF.

January -- March: New applicants are tested or current participants are
retested as required by the proficiency rating levels and retesting
schedule.

January - December: S/A's and ASAC's approved to participate in the
FLAP, track their hours and activities in their PARIS time reports for
the current calendar year. The ASAC or SAC approves foreign language
hours documented in bi-weekly PARIS time reports.

October - December: S/A's may apply for participation in the FLAP by
submitting a completed Form OI 9731 to their SAC through their ASAC.
ASAC's may apply for participation in the FLAP by submitting a completed
Form OI 9731 to their SAC. SAC's submit SF 182's to the National
Training Program Coordinator identifying S/A's who require testing or
retesting.

#