[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4512 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4512
To establish requirements for Federal agencies to ensure that
individuals with limited English proficiency and people with
disabilities can access the services, activities, programs, and
benefits of those agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2020
Mr. Menendez (for himself, Mr. Casey, Mr. Brown, Ms. Hirono, Ms.
Warren, and Mr. Booker) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To establish requirements for Federal agencies to ensure that
individuals with limited English proficiency and people with
disabilities can access the services, activities, programs, and
benefits of those agencies.
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 ``Equal Access to Information Act of
2020''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as defined under section 105 of title 5, United States Code.
(2) Emergency.--The term ``emergency'' means--
(A) an emergency or major disaster declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) a national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.);
(C) a public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
(D) a fishery disaster declared by the Secretary of
Commerce;
(E) a disaster declared by the Administrator of the
Small Business Administration;
(F) a disaster declared by the Secretary of
Agriculture; and
(G) the provision of fire management assistance
grants under section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5187).
(3) Disability.--The term ``disability'' has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Individual with limited english proficiency.--The term
``individual with limited English proficiency'' means an
individual whose primary language for communication is not
English and who has a limited ability to read, write, speak, or
understand English.
(5) Language access.--The term ``language access'' means
the provision of culturally competent and effective language
services to an individual with limited English proficiency or
an individual with disabilities designed to enhance that
individual's access to, understanding of, or benefit from the
services, activities, programs, or benefits provided by the
agency.
SEC. 3. LANGUAGE ACCESS WORKING GROUP.
(a) Demographic Assessment.--Not later than 30 days after the date
of enactment of this Act and every 3 years thereafter, the head of each
Federal agency shall conduct a demographic assessment of individuals
with limited English proficiency and individuals with disabilities who
are eligible to be served or likely to be encountered by that agency.
(b) Working Group Established.--Not later than 30 days after the
conclusion of the demographic assessment under subsection (a), and in
order to ensure that Federal agencies do not discriminate on the basis
of national origin in violation of title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) and that such agencies do not
discriminate against individuals with disabilities in violation of
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the head
of each Federal agency shall establish within the agency a Language
Access Working Group, which shall include the following members:
(1) One or more senior officials within the agency division
or directorate.
(2) When possible, 1 or more representatives from each
employee resource group.
(3) The Chief Human Capital Officer or their appointee.
(4) Such experts as necessary to develop communications for
individuals with limited English proficiency and individuals
with disabilities who are eligible to be served or likely to be
encountered by that agency as identified by the demographic
assessment under subsection (a), including technical and
content experts in communication disabilities, and cross-
cultural translations and interpretation services.
(5) A website accessibility expert.
(6) Internal communications personnel.
(c) Duties of the Working Group.--Each Language Access Working
Group shall--
(1) examine the services, activities, programs, and
benefits provided by the agency and assist the agency in
developing and implementing a system by which individuals with
limited English proficiency and individuals with disabilities
can access those services, activities, programs, and benefits
in a manner that is consistent with the fundamental mission of
that agency;
(2) examine the services, activities, programs, and
benefits provided by any recipients of Federal financial
assistance provided by such agency (referred to in this Act as
``recipients'') to provide recommendations about how the agency
can ensure that recipients of Federal financial assistance
provide meaningful access to applicants, beneficiaries, and
other individuals served by that recipient who are individuals
with limited English proficiency or individuals with
disabilities in a manner that is consistent with the
fundamental mission of that agency without unduly burdening the
essential functions of that recipient;
(3) conduct an annual vitality assessment to determine,
over time and across various activities, which of the documents
produced by that agency are vital to provide equal access for
individuals with limited English proficiency and individuals
with disabilities served by the agency;
(4) provide recommendations about how the agency can ensure
that information made available by the agency or by a recipient
to individuals affected by an emergency is made available as
soon as possible in multimodal and cross-cultural formats that
can be understood by individuals with limited English
proficiency and individuals with disabilities;
(5) provide recommendations about how the agency can ensure
that the distribution of supplies, the processing of
applications, and other relief and assistance activities
provided by such agency or recipient during or in response to
an emergency shall be accomplished in an equitable and
impartial manner, without discrimination on the grounds of
nationality, disability, or English proficiency; and
(6) assist the head of the agency in--
(A) preparing, annually updating, submitting to the
Attorney General, and implementing the plan described
in section 4(a);
(B) issuing the guidance described in section 4(d);
and
(C) ensuring the agency plan and agency recipient
guidance is made available to the public online in a
manner that complies with section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d).
SEC. 4. ACCESS PLAN FOR FEDERALLY CONDUCTED PROGRAMS AND ACTIVITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the head of each agency shall prepare and submit to the
Attorney General a plan described in subsection (b). Each agency shall
ensure that such plan is consistent with the final guidance of the
Department of Justice entitled ``Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons''
(67 Fed. Reg. 41455 (June 12, 2002)), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116).
(b) Plan Requirement.--Each plan under subsection (a) shall
include--
(1) the steps the agency will take to ensure that
individuals with limited English proficiency or individuals
with disabilities have access to each service, activity,
program, or benefit provided or administered by the agency;
(2) the steps the agency will take to ensure that older
adults with limited English proficiency or a disability who may
require the use of non-traditional modes of communication have
access to each service, activity, program, or benefit provided
or administered by the agency;
(3) the policies and procedures for identifying, assessing,
and meeting the culturally and linguistically appropriate
language needs of the agency's beneficiaries who are
individuals with limited English proficiency or individuals
with disabilities served by the agency;
(4) the steps the agency will take to ensure that each
service, activity, program, or benefit of the agency is
culturally and linguistically appropriate, including providing
a range of language assistance options, notice to individuals
with limited English proficiency or individuals with
disabilities of the right to qualified language services and
communication access, periodic training of staff, monitoring
and quality assessment of the language services and, in
appropriate circumstances, the translation of written
materials;
(5) the steps the agency will take, with respect to each
service, activity, program, or benefit of the agency, to
provide reasonable accommodations necessary for individuals
with limited English proficiency and communication disabilities
to understand communications from the agency;
(6) the steps the agency will take to ensure that all
applications, forms, and other relevant documents for the
agency's services, activities, benefits, and programs are
competently translated, interpreted, and provided in accessible
formats in the primary language of a client that is an
individual with limited English proficiency or an individual
with disabilities if such materials are needed to improve
access of such client to such service, activity, benefit, or
program;
(7) when providing media, live broadcasting, or additional
video communication for the agency's services, activities,
benefits, and programs, how the agency will ensure the use of
qualified American Sign Language interpreters with a picture-
in-picture inset feature where the interpreter's frame is at
least the same size as the main speaker's frame but no smaller
than 33 percent of the screen;
(8) if relevant to the agency, the resources the agency
will provide to improve cultural and linguistic appropriateness
and accessibility practices to assist recipients of Federal
funds to improve their access to health care related programs
and activities for individuals with limited English proficiency
or individuals with disabilities;
(9) if relevant to the agency, the resources the agency
will provide to ensure that accessible information and
competent communication assistance is provided to patients that
are individuals with limited English proficiency or people with
disabilities by qualified interpreters; and
(10) the resources the agency will provide to ensure that
minor children are not used to provide interpretation services,
except as permitted under regulations implementing section 1557
of the Patient Protection and Affordable Care Act (42 U.S.C.
18116) as published in the Federal Register on May 18, 2016.
(c) DOJ Review.--The Attorney General shall review each plan
submitted in accordance with this section not later than 120 days after
receipt of the plan. The Attorney General shall also review the most
recently submitted plan from each relevant agency not later than 7 days
after an emergency has been declared.
(d) Guidance for Recipients of Federal Financial Assistance.--
(1) In general.--The agency shall issue guidance for
recipients of Federal financial assistance under the
jurisdiction of the agency in order to assist such recipients
in ensuring that individuals with limited English proficiency
or individuals with disabilities have access to each service,
activity, program, or benefit provided or administered by the
recipient. Such guidance shall take into account the types of
services provided by the recipients and the individuals served
by the recipients.
(2) Review and approval.--The agency shall submit such
guidance for review and approval by the Attorney General.
Following approval by the Attorney General, each agency shall
publish its guidance document in the Federal Register for
public comment.
SEC. 5. CONSULTATION.
(a) Stakeholder Input.--In carrying out this Act, agencies shall
ensure that stakeholders, such as individuals with limited English
proficiency, people with disabilities, and their representative
organizations, recipients, and other appropriate individuals or
entities, have an adequate opportunity to provide meaningful input.
(b) Evaluation of Agency Circumstances.--Each agency shall evaluate
the particular needs of the individuals with limited English
proficiency and people with disabilities that the agency and the
recipients of the agency serve and the burdens of compliance on the
agency and its recipients.
(c) Input.--Each agency shall take into account such input from
stakeholders in developing an approach to ensuring meaningful access by
individuals with limited English proficiency and people with
disabilities that is practical and effective, fiscally responsible,
responsive to the particular circumstances of each agency, and can be
readily implemented.
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