[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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