[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4526 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4526

To ensure that COVID-19-related Federal programs and assistance provide 
 for the translation of informational materials relating to awareness, 
screening, testing, and treatment for COVID-19 into priority languages.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 12, 2020

 Ms. Hirono (for herself, Mr. Casey, Ms. Harris, Mr. Brown, Ms. Rosen, 
    Ms. Cortez Masto, Mr. Sanders, Mr. Booker, Ms. Baldwin, and Mr. 
  Blumenthal) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To ensure that COVID-19-related Federal programs and assistance provide 
 for the translation of informational materials relating to awareness, 
screening, testing, and treatment for COVID-19 into priority languages.

    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 ``Coronavirus Language Access Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Community-based organization.--The term ``community-
        based organization'' means an entity that has established 
        relationships with the communities served by the entity, 
        including especially hard-to-reach populations, racial and 
        ethnic minority communities, individuals with limited English 
        proficiency, and individuals with disabilities.
            (2) Coronavirus public health emergency.--The term 
        ``coronavirus public health emergency'' means the public health 
        emergency declared by the Secretary pursuant to section 319 of 
        the Public Health Service Act (42 U.S.C. 247d) with respect to 
        COVID-19.
            (3) Coronavirus response law.--The term ``coronavirus 
        response law'' means--
                    (A) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123);
                    (B) the Families First Coronavirus Response Act 
                (Public Law 116-127);
                    (C) the Coronavirus Aid, Relief, and Economic 
                Security Act (Public Law 116-136);
                    (D) the Paycheck Protection Program and Health Care 
                Enhancement Act (Public Law 116-139);
                    (E) the Paycheck Protection Program Flexibility Act 
                (Public Law 116-142); and
                    (F) any subsequent Act enacted as a response to a 
                coronavirus public health emergency.
            (4) COVID-19.--The term ``COVID-19'' means the novel 
        coronavirus or SARS-CoV-2.
            (5) Priority languages.--The term ``priority languages'' 
        means--
                    (A) in the case of Federal agencies, at a minimum, 
                the languages as identified by the Federal Emergency 
                Management Agency Language Access Plan, dated October 
                1, 2016, as the languages most frequently encountered, 
                including Spanish, Arabic, Cambodian, Chinese, Haitian 
                Creole, French, Hindi, Italian, Japanese, Korean, 
                Laotian, Russian, Tagalog, Urdu, Vietnamese, Greek, 
                Polish, Thai, and Portuguese; or
                    (B) in the case of State agencies or grant 
                recipients operating in a State, at a minimum, the 15 
                languages spoken with greatest frequency by individuals 
                with limited English proficiency in that State.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) State.--The term ``State'' means each of the several 
        States and the District of Columbia.

                        TITLE I--LANGUAGE ACCESS

SEC. 101. LANGUAGE ACCESS.

    (a) Requirement of Priority Language Usage.--
            (1) In general.--Any Federal agency that has received 
        funding under a coronavirus response law shall ensure that all 
        programs and opportunities made available to the general public 
        relating to COVID-19 or the coronavirus public health emergency 
        provide translated materials, including audio and video 
        products, describing the programs and opportunities in priority 
        languages (as defined in section 2(5)(A)).
            (2) Application of requirement.--This subsection shall 
        apply to each division, contractor, and subcontractor of a 
        Federal agency that is likely to have contact with the public.
            (3) Availability.--Translation services required under this 
        subsection shall be made available not later than 7 business 
        days after the date on which any such material is made 
        available in English.
    (b) Oral Language Assistance Services.--Any Federal agency that has 
received funding under a coronavirus response law shall provide oral 
language assistance services and notice of the availability of services 
relating to COVID-19 or the coronavirus public health emergency to 
limited English proficient individuals in a language they can 
understand.
    (c) Report.--
            (1) In general.--Not later than January 1, 2021, the head 
        of each Federal agency receiving funding under a coronavirus 
        response law shall submit to the Committees described in 
        paragraph (2), a report describing such agency's compliance 
        with the requirements of this section.
            (2) Committees.--The Committees described in this section 
        are the following:
                    (A) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
                    (B) The Committee on Health, Education, Labor, and 
                Pensions of the Senate.
                    (C) The Special Committee on Aging of the Senate.
                    (D) The Committee on Finance of the Senate.
                    (E) The Committee on Appropriations of the Senate.
                    (F) The Committee on the Judiciary of the Senate.
                    (G) The Committee on Homeland Security of the House 
                of Representatives.
                    (H) The Committee on Energy and Commerce of the 
                House of Representatives.
                    (I) The Committee on Financial Services of the 
                House of Representatives.
                    (J) The Committee on Ways and Means of the House of 
                Representatives.
                    (K) The Committee on Appropriations of the House of 
                Representatives.
                    (L) The Committee on the Judiciary of the House of 
                Representatives.

SEC. 102. GRANTS AND SERVICES FACILITATING ACCESSIBLE PUBLIC OUTREACH 
              FOR PUBLIC HEALTH AND HEALTH SERVICES.

    (a) Grants and Cooperative Agreements.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention (referred to 
        in this section as the ``Director''), shall award grants to, or 
        enter into cooperative agreements with, community-based 
        organizations and State, Tribal, local, and territorial health 
        departments for the following purposes:
                    (A) To support culturally and linguistically 
                appropriate preparedness, response, and recovery 
                activities targeted to individuals who speak English 
                less than very well in priority languages (as defined 
                in section 2(5)(B)).
                    (B) The development of educational programs and 
                materials to promote screening, testing, treatment, and 
                public health practices in non-English languages.
                    (C) The provision of interpretation services to 
                individuals receiving COVID-19 testing, treatment, or 
                vaccination services.
                    (D) The provision of subgrants to local health 
                departments or community-based organizations for the 
                purposes described in this paragraph.
            (2) Priority.--The Director shall prioritize grants and 
        cooperative agreements under this subsection to entities in 
        areas with higher rates of individuals with limited English 
        proficiency and to entities with demonstrated experience 
        serving those individuals or who propose to provide subgrants 
        to such entities.
    (b) Translation.--
            (1) In general.--The Director shall provide for the 
        translation of materials on awareness of, and screening, 
        testing, and treatment for COVID-19 into priority languages for 
        Federal, State, Tribal, local, and territorial agencies.
            (2) Public availability.--Not later than 7 business days 
        after the date on which the materials described in paragraph 
        (1) are made available to the public in English, the Director 
        shall ensure that the translations required under such 
        paragraph are made available to the public.
    (c) Hotline.--The Director shall establish an informational 
hotline, to be staffed by trained interpreters, to provide information 
to the public concerning COVID-19.
    (d) Interagency Coordination.--With respect to individuals with 
limited English proficiency, the Director shall facilitate interagency 
coordination among agencies activated through the National Response 
Framework based on the language access standards established under the 
language access plans of the Federal Emergency Management Agency and 
the Department of Health and Human Services.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $200,000,000 for fiscal year 2020, to 
        remain available until expended.
            (2) Grants and cooperative agreements.--Of the amount 
        appropriated under paragraph (1), not less than $150,000,000 
        shall be made available to carry out subsection (a).

                        TITLE II--APPROPRIATIONS

SEC. 201. LANGUAGE ACCESS FOR OLDER INDIVIDUALS WITH LIMITED ENGLISH 
              PROFICIENCY.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Administration For Community Living

                 aging and disability services programs

    For an additional amount for ``Aging and Disability Services 
Programs'', for carrying out the Older Americans Act of 1965 (42 U.S.C. 
3001 et seq.) (``OAA''), $20,000,000, to remain available through 
September 30, 2021, which shall be for making payments under title III 
of the OAA (42 U.S.C. 3021 et seq.) to States with State plans approved 
under section 307 of the OAA (42 U.S.C. 3027), to be distributed to the 
States as described in section 304(a) of the OAA (42 U.S.C. 3024(a)) to 
provide services to support older individuals with limited English 
proficiency in addressing concerns as a result of COVID-19: Provided, 
That in carrying out the requirements in the proviso under this 
heading, area agencies on aging shall partner or contract with 
community-based organizations that provide translation and 
interpretation services for older individuals with limited English 
proficiency: Provided further, That in seeking organizations with which 
to enter into such partnerships or contracts, area agencies on aging 
shall make an effort to include organizations that assist older 
individuals speaking the most spoken non-English language in the 
planning and service area served by the area agency on aging and older 
individuals speaking the least spoken non-English language in such 
area: Provided further, That the services provided under the proviso 
under this heading shall include services to provide older individuals 
with limited English proficiency with (1) the most up-to-date 
information on public health concerns and suggested precautions related 
to COVID-19 and related issues, (2) one-on-one assistance to help older 
individuals with limited English proficiency understand eligibility 
requirements for available Federal, State, and local benefits and 
services, to translate applications and provide oral interpretations 
necessary to receive such benefits and services and provide oral 
interpretations necessary to receive such benefits and services, and to 
provide other supportive services for such individuals to access such 
benefits and services, and (3) related public awareness campaigns, 
related to COVID-19 and related issues, in non-English languages: 
Provided further, That each State agency receiving funding described in 
the proviso under this heading shall report to the Assistant Secretary 
for Aging on the number of individuals receiving the services supported 
by such funding, number of services provided by type, and the languages 
spoken by the individuals receiving such services: Provided further, 
That the amount appropriated under this heading is designated by 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

SEC. 202. INFORMATION AND TRANSLATION THROUGH STATEWIDE INDEPENDENT 
              COUNCILS.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Administration For Community Living

                 aging and disability services programs

                (statewide independent living councils)

    For an additional amount for ``Aging and Disability Services 
Programs'', for carrying out title VII of the Rehabilitation Act of 
1973 (29 U.S.C. 796 et seq.), $10,000,000, to remain available through 
September 30, 2021, which shall be for making payments under that title 
VII to States with State plans approved under section 704 of that Act 
(29 U.S.C. 796c), to be distributed as described in section 711 of that 
Act (29 U.S.C. 796e), to the States for Statewide Independent Living 
Councils to enable the Councils to support limited English proficient 
individuals with disabilities and individuals who are deaf or hard of 
hearing (which 2 types of individuals are referred to under this 
heading as ``covered individuals'') in addressing concerns as a result 
of COVID-19 through services to provide covered individuals with (1) 
the most up-to-date information on public health concerns and 
precautions related to COVID-19 and related issues; (2) one-on-one 
assistance to understand eligibility requirements for available 
Federal, State, and local benefits and services, to translate 
applications and provide oral interpretation necessary for such 
individuals to receive such benefits and services, and to provide other 
supports for such individuals to access such benefits and services; and 
(3) related public awareness campaigns in languages other than English 
and in American Sign Language (which languages and Language are 
referred to under this heading as ``additional languages''): Provided, 
that the Councils shall provide support with funds appropriated under 
this heading in partnership with, or through contracts with, agencies 
carrying out State disability services programs or community-based 
organizations that provide translation and interpretation services for 
covered individuals: Provided further, That in seeking agencies or 
organizations for such partnerships or contracts in a geographic area, 
a Council shall make efforts to include entities that assist covered 
individuals that speak the most commonly spoken additional languages, 
and entities that assist covered individuals that speak the least 
commonly spoken additional languages, in that geographical area: 
Provided further, That the Councils shall report to the Administration 
about the number of individuals served, the number of services provided 
by type, and the additional languages through which services are 
provided, with funds appropriated under this heading: Provided further, 
That the amount appropriated under this heading is designated by 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
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