[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5498 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5498
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve the provision of disaster relief and
preparedness services with respect to persons with limited English
proficiency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2006
Mr. Honda (for himself, Mr. Abercrombie, Ms. Bordallo, Mr. Case, Mr.
Faleomavaega, Mr. Al Green of Texas, Ms. Matsui, Mr. Scott of Virginia,
Mr. Wu, Mr. Watt, Mrs. Napolitano, and Mr. Becerra) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve the provision of disaster relief and
preparedness services with respect to persons with limited English
proficiency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Access to Disaster Relief
and Preparedness Services Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Effective communication is essential to meaningful
access to disaster relief related services.
(2) Research establishes that the lack of language services
and culturally competent services creates barriers, and
diminishes the quality of access, to public services for
individuals with limited English proficiency.
(3) Communities from across the country have reported
language difficulties and inadequate funding of language
services and culturally competent services to be major barriers
to the access of individuals with limited English proficiency
to public services and disaster relief related services in the
areas of health care, mental health, housing assistance, and
small business.
(4) The number of non-English speaking residents in the
United States continues to increase.
(5) 47,000,000 people, 18 percent of the United States
population, speak a language other than English at home; and
21,000,000 people, 8 percent of the United States population,
speak English less than very well and, therefore, cannot
effectively communicate with health and social service and
disaster relief providers.
(6) At least 19,641 individuals within the Hurricane
Katrina and Rita disaster areas spoke English less than very
well.
(7) 12,649 individuals within the Hurricane Katrina and
Rita disaster areas who spoke Asian and Pacific Islander
languages spoke English less than very well.
(8) According to the Census, approximately 30,000
Vietnamese-Americans lived in the Gulf Coast region devastated
by Hurricane Katrina and Rita with an estimated 15,000
Vietnamese-Americans who evacuated to Houston, Texas.
(9) According to the 2004 Census, 67,000 Asian Americans
and Pacific Islanders have been affected by the Hurricane Rita
and Katrina disasters.
(10) Congress has identified discrimination as a problem to
be addressed in disaster assistance since Hurricane Camille
struck in 1969. The Disaster Relief Act of 1970 (84 Stat. 1730)
included a nondiscrimination section. Despite such past
actions, discrimination in disaster assistance remains a
problem and should be addressed.
(11) The prohibition on discrimination on the basis of
national origin under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) has long been interpreted to forbid
discrimination on the basis of language.
(12) In order to avoid discrimination against individuals
with limited English proficiency on the basis of national
origin, providers of disaster relief related services should
take adequate steps to ensure that such individuals receive the
language services necessary to afford meaningful access to such
services, free of charge.
(13) The responsibility to fund language services in the
provision of disaster relief related services to individuals
with limited English proficiency is a societal one that cannot
fairly be visited upon any one segment of the disaster relief,
health care, public health, public safety, or social services
community.
(14) Linguistic and cultural diversity in the disaster
relief related services workforce is important for providing
all communities, including communities of individuals with
limited English proficiency, the environment most conducive to
equitable, efficient, and meaningful access to disaster relief
related services.
(15) All members of the disaster relief related services
community should continue to educate their staff and
constituents about limited English proficient issues and help
them identify resources to improve access to quality public
services and assistance for individuals with limited English
proficiency.
(b) Purposes.--The purposes of this Act are to assist providers of
disaster relief related services--
(1) to improve, through effective communication, the
quality of disaster relief related services for individuals
with limited English proficiency; and
(2) to meet their obligation and responsibility to ensure
equal access to such services for such individuals.
SEC. 3. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO
ENGLISH PROFICIENCY.
(a) In General.--Section 308 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended--
(1) in subsection (a) by inserting ``English proficiency,''
after ``age,''; and
(2) by adding at the end the following:
``(c) Responsibility of President.--In carrying out this section,
the President shall--
``(1) ensure that all Federal entities that provide
assistance under this Act maintain, on a continuing and updated
basis, the capability to administer competent interpreter and
translation services;
``(2) communicate with State and local governments for the
purpose of identifying individuals with limited English
proficiency and including such individuals in disaster
preparedness planning and direct all Federal agencies to
provide to appropriate population segments, in a timely manner,
translated notices and documents to implement disaster relief
assistance under this Act;
``(3) ensure that the information in such translated
notices and documents is provided to private organizations,
neighborhood associations, houses of worship, and other
organizations that could assist with the distribution of the
translated information to affected and appropriate population
segments;
``(4) ensure that the information in such translated
notices and documents reflects the information provided by the
President through the following types of media:
``(A) emergency notifications, public broadcasts,
electronic roadside signs, flyers, brochures,
applications, and letters containing important
information regarding assistance authorized to be
provided by the President under this Act;
``(B) notices pertaining to the reduction, denial,
or termination of services or benefits under this Act;
``(C) notices of the right to appeal actions
referred to in subparagraph (B); and
``(D) notices for limited English proficient
individuals of the availability of free language
services and other outreach materials;
``(5) have available for activation a cadre of disaster
relief and emergency assistance employees sufficient to provide
services under paragraph (2);
``(6) develop and maintain an informational clearinghouse
of model language assistance programs and best practices for
State and local governments in providing disaster and emergency
related services; and
``(7) report to Congress on the treatment of individuals
with limited English proficiency during the Hurricane Katrina
disaster and on the feasibility of establishing and operating a
toll-free number by which such individuals will be able to
obtain information in their primary language regarding
federally funded disaster services and the availability public
disaster benefits.''.
(b) Technical Assistance for Development of Plans and Programs.--
Section 201(b) of such Act (42 U.S.C. 5131(b)) is amended by inserting
``with and without English proficiency'' after ``to individuals''.
SEC. 4. EMERGENCY PREPAREDNESS DEMONSTRATION.
(a) In General.--Beginning not later than the 180th day following
the date on which funds are appropriated to carry out this section, the
Director of the Federal Emergency Management Agency shall conduct an
emergency preparedness demonstration program to study the needs of
individuals and households with limited English proficiency for use in
the design and development of community and family preparedness
programs and to develop initiatives based on the results of the study
to improve disaster awareness and readiness in communities that have
individuals with limited English proficiency.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 to carry out this section.
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