[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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