[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Notices]
[Pages 5258-5265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2739]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE


Request for Public Comment

AGENCY: Corporation for National and Community Service.

ACTION: Policy guidance document.

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SUMMARY: The Corporation for National and Community Service 
(hereinafter the ``Corporation'') is republishing for additional public 
comment policy guidance on Title VI's prohibition against national 
origin discrimination as it affects limited English proficient persons.

DATES: This guidance was effective January 16, 2001. Comments must be 
submitted on or before March 7, 2002. The Corporation will review all 
comments and will determine what modifications to the policy guidance, 
if any, are necessary.

ADDRESSES: Interested persons should submit written comments to Ms. 
Wilsie Y. Minor; Office of General Counsel, Corporation for National 
and Community Service, 1201 New York Ave. NW., Washington, DC 20525. 
Comments may also be submitted by facsimile at 202-565-2796.

FOR FURTHER INFORMATION CONTACT: Ms. Wilsie Y. Minor; Office of General 
Counsel, Corporation for National and Community Service, 1201 New York 
Ave. NW., Washington, DC 20525. Telephone 202-606-5000, Ext.129; TDD: 
202-565-2799. Arrangements to receive the policy in an alternative 
format may be made by contacting Wilsie Y. Minor.

SUPPLEMENTARY INFORMATION: Title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d, et seq. and its implementing regulations provide that no 
person shall be subjected to discrimination on the basis of race, 
color, or national origin under any program or activity that receives 
federal financial assistance.
    The purpose of this policy guidance is to clarify the 
responsibilities of recipients of federal financial assistance from the 
Corporation, and assist them in fulfilling their responsibilities to 
limited English proficient (LEP) persons, pursuant to Title VI of the 
Civil Rights Act of 1964 and implementing regulations. The policy 
guidance reiterates the Corporation's longstanding position that in 
order to avoid discrimination against LEP persons on the grounds of 
national origin, recipients must take reasonable steps to ensure that 
such persons have meaningful access to the programs, services, and 
information those recipients provide, free of charge.
    This document was originally published on January 16, 2001. See 66 
FR 3548. The document was based on the policy guidance issued by the 
Department of Justice entitled ``Enforcement of Title VI of the Civil 
Rights Act of 1964--National Origin Discrimination Against Persons with 
Limited English Proficiency.'' 65 FR 50123 (August 16, 2000).
    On October 26, 2001 and January 11, 2002, the Assistant Attorney 
General for Civil Rights issued to federal departments and agencies 
guidance memoranda, which reaffirmed the Department of Justice's 
commitment to ensuring that federally assisted programs and activities 
fulfill their LEP responsibilities and which clarified and answered 
certain questions raised regarding the August 16th publication. The 
Corporation is presently reviewing its original January 16, 2001, 
publication in light of these clarifications, to determine whether 
there is a need to clarify or modify the January 16th guidance. In 
furtherance of those memoranda, the Corporation is republishing its 
guidance for the purpose of obtaining additional public comment.
    The policy guidance includes examples of promising practices that 
provide access to LEP persons in the various service programs. It also 
explains further who is covered by this guidance. The text of the 
complete guidance document appears below.

[[Page 5259]]

Providing Access to Limited-English Proficient (LEP) Persons to the 
Programs and Activities of Grantees of the Corporation for National 
Service

A. Overview

1. What Does the Document Do?
    This policy guidance does not create new obligations but rather 
clarifies the existing responsibilities of Corporation for National 
Service (hereinafter Corporation) grantees to take reasonable steps to 
provide access to their programs and activities for persons with 
limited English proficiency (LEP). This document:
    (a) Discusses the policies, procedures and other steps that 
Corporation grantees can take to provide access by LEP persons to 
national service programs and to other programs and activities of our 
grantees.
    (b) Clarifies that failure to take one or more of these steps does 
not necessarily mean noncompliance with Title VI of the Civil Rights 
Act of 1964 or with Executive Order 13166.
    (c) Provides that the Corporation's Equal Opportunity (EO) Office 
will determine compliance on a case-by-case basis, and that assessments 
will take into account:
     Number or proportion of LEP individuals in the service 
area;
     Frequency of contact with LEP language groups;
     Nature and importance of the program or activity; and
     Total resources available to the recipient.
    (d) Provides that small grantees and those with limited resources 
will have flexibility in achieving compliance.
    (e) Applies to all beneficiaries of our grantees' programs or 
activities.
    In this document, ``beneficiary'' refers to:
     Clients, former clients, and client applicants of a 
grantee's programs or activities;
     Members of the public who receive or are eligible to 
receive benefits or services from our grantees; and
    Participants, former participants, and participant applicants for 
positions as a service member or volunteer.
    Our grantees' programs or activities include:
     Federally assisted programs such as AmeriCorps*State/
National;
     Part-time programs such as Foster Grandparents or 
participants in Learn and Serve America; and
     Part federally-conducted/part federally-assisted programs 
such as AmeriCorps*VISTA or AmeriCorps*NCCC.
    Our grantees' programs or activities include not merely the 
national service programs operated by the grantees, but in most cases 
they include all operations of the organization. (See Legal 
Underpinnings below for an explanation of a grantee's ``programs and 
activities''.)
2. Why Do Our Grantees Need To Ensure Their Programs or Activities 
Provide Services to LEP Persons?
    Grantees must comply with various civil rights statutes, including 
Title VI of the Civil Rights Act of 1964 which prohibits denial of 
services to and other forms of discrimination against persons on the 
basis of national origin, color, and race. Often, language identifies 
national origin. Language barriers may be rooted in intentional 
discrimination. Most frequently, failure to provide language assistance 
to LEP persons on the basis of national origin leads to actions having 
the effect of discrimination. Such actions have consistently been held 
to violate Title VI. (See Legal Underpinnings below for more 
information on Title VI, and on Executive Order 13166 which clarifies 
Title VI in the LEP context.)
    English is the predominant language of the United States. According 
to the 1990 Census, English is spoken by 95% of its residents. Of the 
U.S. residents who speak languages other than English at home, the 1990 
Census reports that 57% above the age of four speak English ``well to 
very well.'' However, the U.S. is also home to millions of national 
origin minority individuals who are ``limited English proficient'' 
(LEP). That is, they cannot speak, read, write or understand the 
English language at a level that permits them to interact effectively 
with teachers and education officials, health care providers, social 
service agency staff, police and emergency workers, officials of public 
benefit programs, etc.
    Because of these language differences and their inability to speak 
or understand English, LEP persons are often excluded from programs, 
experience delays or denials of services, or receive care and services 
based on inaccurate or incomplete information. Federal agencies have 
found that persons who lack proficiency in English frequently are 
unable to obtain basic knowledge of how to access various benefits and 
services for which they are eligible. Agencies have also found that LEP 
persons are sometimes exploited by unscrupulous persons or unwittingly 
are pawns in frauds against benefit programs.
3. What Is Our Policy on Ensuring Our Grantees' Programs or Activities 
Provide Access to Their Services to LEP Persons?
    It is our policy to ensure that our grantees fully comply with the 
requirements of the various civil rights acts and requirements 
applicable to federal grantees, including Title VI of the Civil Rights 
Act of 1964 and Executive Order 13166. One aspect of compliance is to 
ensure that our grantees take reasonable steps to provide meaningful 
access for LEP persons to their program or activities, including 
provision of language interpretive services within the parameters set 
forth in this policy document.

B. Legal Underpinnings of This Policy

1. What Are the Basic Requirements Under Title VI in the LEP Context?
    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000-d) 
prohibits discrimination on the basis of race, color, or national 
origin in programs and activities that receive federal financial 
assistance. Recipients of federal financial assistance (referred to as 
``grantees'' in this policy) may not, on the basis of race, color, or 
national origin:
     Provide services, financial aid, or other benefits that 
are different or provide them in a different manner;
     Restrict an individual's enjoyment of an advantage or 
privilege enjoyed by others;
     Deny an individual the right to participate in federally 
assisted programs; and
     Defeat or substantially impair the objectives of federally 
assisted programs.
    A grantee whose policies, practices or procedures exclude, limit, 
or have the effect of excluding or limiting, the participation of any 
LEP person in a federally assisted program or activity on the basis of 
national origin may be engaged in discrimination in violation of Title 
VI. In order to ensure compliance with Title VI, grantees must take 
reasonable steps to ensure that LEP persons who are eligible for their 
programs or activities have access to the services they provide. The 
most important step in meeting this obligation is for grantees to 
provide the language assistance necessary to ensure such access and to 
do so at no cost to the LEP person.

[[Page 5260]]

2. What Does Executive Order 13166 Require in the LEP Context? Does It 
Impose Requirements Beyond Those of Title VI?
    On August 11, 2000, the President issued Executive Order 13166 
entitled ``Improving Access to Services for Persons with Limited 
English Proficiency.'' The purpose of this Executive Order is to 
eliminate, to the maximum extent possible, limited English proficiency 
as an artificial barrier to full and meaningful participation by 
beneficiaries in federally assisted programs and activities. It 
clarifies existing Title VI responsibilities for grantees regarding 
access for LEP persons, but does not impose additional requirements. On 
August 16, 2000, the Department of Justice issued policy guidance which 
may be found at 65 FR 50123 or www.usdoj.gov/crt/cor.
3. Who Are Grantees? What Is Federal Financial Assistance?
    In this document, a grantee is any entity receiving federal 
financial assistance from us to operate a federally assisted program. 
Grantees include, but are not limited to, the State Commissions, 
AmeriCorps*VISTA and Senior Corps sponsors, State Educational Agencies, 
and AmeriCorps*NCCC projects. Grantees also include other direct 
recipients, service sites and intermediary service programs (entities 
between the primary grantee and the service sites).
    For example, the Corporation funds a grant to a state agency. The 
state agency provides funding to non-profits or local governments 
throughout the state. These organizations place volunteers with local 
organizations. Each level is a grantee for civil rights purposes.
    Federal financial assistance includes funds, property or services, 
including technical assistance, provided to non-federal organizations 
to promote activities serving the public interest. For civil rights 
purposes, it also includes aid that enhances the ability to improve or 
expand allocation of a grantee's own resources. This may be through the 
services of, or training by, service members or volunteers or federal 
personnel at no cost or at less than full market value. Therefore, 
assignment of service members or volunteers (including VISTA or NCCC)--
whether supported, in whole or in part, under a Corporation grant or 
through an Education Award Program--is a form of federal financial 
assistance.
    The definition of the ``program or activity'' receiving federal 
financial assistance is quite broad and for most organizations extends 
beyond their national service program. For example, it includes all 
operations of a department, agency or district of a State or local 
government; a college, university, local education agency; and an 
entire corporation or private organization which is principally engaged 
in providing education, health care, housing, social services, or parks 
and recreation when any part of these entities receives federal 
financial assistance.
    A grantee may receive financial assistance directly from us or 
through another grantee. A grantee may be a Native American tribe. 
While tribes have sovereign immunity in many respects, when they 
receive federal financial assistance, by the terms of the grant, they 
agree to comply with the civil rights requirements in the operation of 
their national service programs.
4. Who Are Beneficiaries? Why Are They Beneficiaries? What Rights Do 
They Have?
    Service members and volunteers are beneficiaries of federally 
assisted programs. They receive a stipend, an allowance for living 
expenses, an education award or post-service stipend, child care or 
child care allowance, and/or health care coverage, or cost 
reimbursements paid in whole or in part, directly or indirectly, by the 
Corporation. Former service members or volunteers and service member 
and volunteer applicants are also beneficiaries as it relates to their 
connection to a national service program funded by the Corporation.
    The persons served by the service members and volunteers (including 
AmeriCorps*NCCC members) are beneficiaries of federally assisted 
programs. They receive benefits, be it tutoring, housing, employment, 
or substance abuse counseling, immunizations, personal living 
assistance, etc. which they would not have but for the national service 
programs funded in whole or in part by the Corporation. Persons 
previously served or applying to be served by service members and 
volunteers are also beneficiaries.
    The persons served, eligible to be served, or previously served by 
other programs and activities of the grantee are also beneficiaries of 
federally assisted programs. They receive benefits from a recipient of 
federal financial assistance, so by definition they are beneficiaries. 
Similarly, members of the public who receive or are eligible to receive 
benefits or services from our grantees are beneficiaries.
    All beneficiaries of federal financial assistance have the right 
not to be subjected to prohibited discrimination. In the LEP context, 
this means they have the right to have the grantee take reasonable 
steps to provide meaningful access to its programs and activities to 
enable LEP persons to participate. All beneficiaries also have the 
right to file a discrimination complaint with the Corporation if he or 
she believes discrimination has occurred.
5. Can We Presume That Service Members or Volunteers Must Be Proficient 
in English?
    No. Programs should assess whether individuals with limited English 
proficiency can effectively serve in their programs with or without 
language assistance. Programs may not deny access on the basis of lack 
of English proficiency unless providing language assistance would 
fundamentally alter the nature of their program or unreasonably burden 
the organization. There may be programs where the member or volunteer 
must be proficient in English, but in some of the Corporation's 
programs such as Senior Companions, limited English proficiency may not 
hinder the ability to serve. Individuals who speak the language of one 
of the minority groups within a community, even when they are LEP, may 
effectively help to serve the community.
6. If a Grantee Is Covered by a State or Local ``English-only'' Law, 
Must It Still Comply With the Title VI Obligation and Corporation 
Guidance Interpreting That Obligation?
    Yes. State and local laws may provide additional obligations to 
serve LEP individuals, but cannot compel grantees to violate Title VI. 
For instance, given our constitutional structure, State or local 
``English-only'' laws do not relieve an entity that receives federal 
funding or other financial assistance from its responsibilities under 
federal anti-discrimination laws. Entities in States and localities 
with ``English-only'' laws are certainly not required to accept federal 
funding--but if they do, they have to comply with Title VI, including 
its prohibition against national origin discrimination by recipients of 
federal assistance. Failing to make federally assisted programs and 
activities accessible to individuals who are LEP will, in certain 
circumstances, violate Title VI.

[[Page 5261]]

C. LEP Requirements

1. What Are the Basic Requirements Under Title VI for LEP Persons?
    The basic requirement is to provide meaningful access for LEP 
persons to a grantee's programs and activities. There is no ``one size 
fits all'' solution for providing meaningful access, and our assessment 
of a grantee's compliance will be made on a case-by-case basis. A 
grantee will have considerable flexibility in determining precisely how 
to fulfill this obligation, and we will focus on the grantee's end 
result. The key to providing meaningful access is to ensure that the 
grantee and the LEP person can communicate effectively. Effective 
communication means the LEP person is:
     Able to understand the services and benefits available;
     Able to receive those benefits for which he or she is 
eligible; and
     Able to effectively communicate the relevant circumstances 
of his or her situation to the service provider.
     The type of language assistance provided depends on a 
variety of factors, including:
     Number or proportion of LEP individuals in the service 
area;
     Frequency of contact with LEP language groups;
     Nature and importance of the program or activity; and 
total resources available to the recipient.
2. What Are the Basic Elements of an Effective Language Assistance 
Program?
    Effective language assistance programs usually contain four 
elements:
     Assessment;
     Comprehensive written policy;
     Staff training; and
     Monitoring.
    Failure to incorporate or implement one or more elements does not 
necessarily mean noncompliance with Title VI, and we will focus on 
whether meaningful access is achieved. Further, if implementation of 
one or more accessibility options would be so financially burdensome as 
to defeat the legitimate objectives of a grantee's program, the grantee 
will not be found in noncompliance with Title VI.
3. How Does a Grantee Assess the Language Needs of the Affected 
Population (the First Key for Ensuring Meaningful Access to LEP 
Persons)?
    A grantee assesses language needs by considering a variety of 
factors, including the total resources and size of the recipient/
covered entity, the number or proportion of the eligible LEP population 
it serves, the nature and importance of the program or service, 
including the objectives of the program, the total resources available 
to the recipient/covered entity, and the frequency with which 
particular languages are encountered and the frequency with which LEP 
persons come into contact with the program.
    Assessing the number or proportion of the eligible LEP population 
may be done through review of census data, client utilization data from 
client files, data from local school systems and community agencies and 
organizations, or other sources. Grantees are encouraged to identify 
local organizations that serve the LEP populations in their community. 
Collaborations with these organizations may not only assist in 
assessing language needs, but may improve outreach to and recruitment 
from the communities they serve.
4. What Should Be Included in a Comprehensive Written Policy and 
Procedures on Language Access (the Second Key for Ensuring Meaningful 
Access to LEP Persons)?
    Presuming the assessment reveals more than merely a few LEP persons 
being served or eligible to be served or likely to be directly affected 
by the program, a grantee should develop and implement a language 
assistance policy, including implementation procedures. The policy 
should be comprehensive and should be in writing. It should address 
periodic staff training and monitoring the effectiveness of the 
program. Ideally, a range of oral language assistance options should be 
included, and it should provide for translation of vital written 
materials in certain circumstances. (See D.2.)
    The implementation procedures should be comprehensive, should be in 
writing, and should include:
     How to identify and assess the language needs of LEP 
persons, and to record this information in individual client files, as 
applicable;
     How to notify LEP persons, in a language they can 
understand, of their right to receive free language assistance;
     Identify where in the program or activity language 
assistance is likely to be needed;
     Identify what resources are likely to be needed, their 
location, and their availability;
     How to access these resources to provide language 
assistance in a timely manner.
5. How Does a Grantee Effectively Train Its Staff Regarding the Policy 
and Procedures (the Third Key for Ensuring Meaningful Access to LEP 
Persons)?
    A grantee must disseminate its policy to all employees, especially 
to those likely to have contact with LEP persons. It must also 
periodically train its employees. Effective training ensures that 
employees are knowledgeable and aware of LEP policies and procedures, 
are trained to work effectively with in-person and telephone 
interpreters, and understand the dynamics of interpretation between 
clients, providers and interpreters. Training should be part of the 
orientation for new employees, and all employees in client contact 
positions need to receive additional training. For AmeriCorps*State/
National grantees, State Commissions request Professional Development 
and Training Funds (PDAT) funds to provide professional development and 
training for AmeriCorps staff. To support the LEP initiatives, funds 
might be used for activities that train AmeriCorps staff about best 
practices for working with LEP members, and for building the language 
capacity of LEP AmeriCorps members.
6. How Does a Grantee Effectively Monitor and Evaluate Its Language 
Assistance Program To Ensure It Provides Meaningful Access to LEP 
Persons (the Fourth Key for Ensuring Meaningful Access to LEP Persons)?
    A grantee should monitor its language assistance program at least 
annually. As part of the monitoring, the grantee should seek feedback 
from clients and advocates. The monitoring and evaluation should:
     Assess the current LEP makeup of its service area and 
frequency of contact with LEP language groups;
     Assess the current communication needs of LEP applicants 
and clients;
     Determine whether existing assistance is meeting the needs 
of such persons;
     Evaluate whether staff is knowledgeable about the policy 
and procedures and how to implement them; and
     Determine whether sources of and arrangements for 
assistance are still current and viable.

D. Specific LEP Implementation Methods, Their Pros and Cons

1. What Does a Grantee Need To Know About Providing Trained and 
Competent Interpreters?
    Meaningful access to programs and activities includes providing 
trained

[[Page 5262]]

and competent interpreters and other oral language assistance services 
in a timely manner. This may include taking some or all of the 
following steps:
     Bilingual Staff--Hire bilingual staff for critical direct 
client contact positions (such as emergency room intake personnel). 
Bilingual staff must be trained and must demonstrate competence as 
interpreters.
     Staff Interpreters--Hire paid staff interpreters, 
especially when there is a frequent and/or regular need for 
interpreting services. These persons must be competent and readily 
available.
     Contract Interpreters--Use contract interpreters, 
especially when there is an infrequent need for interpreting services, 
when less common LEP language groups are in the service areas, or when 
there is a need to supplement in-house capabilities on an as-needed 
basis. Contract interpreters must be readily available and competent.
     Community Volunteers--Use community volunteers. While 
volunteers may be cost-effective, to use them effectively, grantees 
must enter into formal arrangements for interpreting services with 
community organizations so the organizations are not subjected to ad 
hoc requests for assistance. Volunteers must be competent as 
interpreters and understand their obligation to maintain client 
confidentiality. Additional language assistance must be provided where 
competent volunteers are not readily available during all hours of 
service. (Note: Except in the conditions explained at the end of this 
section, use of family member volunteers, especially children, is never 
appropriate, and, even if a child speaks English, the parent must be 
able to fully understand in order to provide informed consent for 
medical services or participation in program activities.)
     Telephone Interpreter Lines--Utilize a telephone 
interpreter service line, as a supplemental system or when a grantee 
encounters a language that it cannot otherwise accommodate. Such a 
service often offers interpreting assistance in many different 
languages and usually can provide the service in quick response to a 
request. However, the interpreters may not be familiar with the 
terminology peculiar to the particular program or service. (Note: this 
should not be the only language assistance option used, except where 
other language assistance options are unavailable (e.g., in a rural 
clinic visited by an LEP patient who speaks a language that is not 
usually encountered in the area).)
    In order to provide effective services to LEP persons, a grantee 
must ensure that it uses persons who are competent to provide 
interpreter services. Competency does not necessarily mean formal 
certification as an interpreter, though certification is helpful, but 
competency requires more than self-identification as bilingual. The 
competency requirement contemplates:
     Demonstrated proficiency in both English and the other 
language;
     Orientation and training that includes the skills and 
ethics of interpreting (e.g. issues of confidentiality);
     Fundamental knowledge in both languages of any specialized 
terms or concepts peculiar to the grantee's program or activity;
     Sensitivity to the LEP person's culture; and
     A demonstrated ability to accurately convey information in 
both languages.
    A grantee may expose itself to liability under Title VI if it 
requires, suggests, or encourages an LEP person to use friends, minor 
children, or family members as interpreters, as this could compromise 
the effectiveness of the service. Use of such persons could result in a 
breach of confidentiality or reluctance on the part of individuals to 
reveal personal information critical to their situations. In a medical 
setting, this reluctance could have serious, even life threatening, 
consequences. In addition, family and friends usually are not competent 
to act as interpreters, since they are often insufficiently proficient 
in both languages, unskilled in interpretation, and unfamiliar with 
specialized terminology.
    If, after a grantee informs an LEP person of the right to free 
interpreter services, the person declines such services and requests 
the use of a family member or friend, the grantee may use the family 
member or friend, if the use of such a person would not compromise the 
effectiveness of services or violate the LEP person's confidentiality. 
The grantee should document the offer and declination in the LEP 
person's file. Even if an LEP person elects to use a family member or 
friend, the grantee should suggest that a trained interpreter sit in on 
the encounter to ensure accurate interpretation.
2. What Does a Grantee Need to Know About Providing Translation of 
Written Materials?
    An effective language assistance program may include providing 
translation of certain written materials. For instance, written 
materials routinely provided in English to applicants, clients and the 
public should be available in regularly encountered languages other 
than English. Spanish, Chinese, Vietnamese, Tagalog, and Korean are the 
major languages spoken by non-English speaking persons in the U.S. It 
is particularly important to ensure that vital documents are translated 
into the non-English language of each regularly encountered LEP group 
eligible to be served or likely to be directly affected by the 
grantee's program. Examples of vital documents include:
     Applications for benefits or services;
     Consent forms;
     Documents containing important information regarding 
participation in a program (such as descriptions of eligibility for 
tutoring, assignment of a Senior Companion, instructions for filing for 
reimbursement of expenses, application for health care or child care 
benefits);
     Notices pertaining to the reduction, denial or termination 
of services or benefits, or to the right to appeal such actions or that 
require a response from beneficiaries;
     The member contract, job description, and an explanation 
of the Grievance Procedure;
     Notices advising LEP persons of the availability of free 
language assistance; and
     Other outreach materials.
    In contrast, documents prepared for a selected portion of the 
public, such as laws, regulations, and detailed policy manuals, may not 
be a priority for translation and perhaps only short summaries of the 
contents are needed.
    When making decisions about doing written translation of documents, 
it is important to consider the level of literacy in the ethnic 
community's first language. If a document is translated in writing for 
a community with high rates of first language illiteracy, access for 
LEP individuals may still be denied. Meaningful access may require 
making the information available in an oral format.
    It is important to ensure that the person translating the materials 
is well qualified. Verbatim translations may not accurately or 
appropriately convey the substance of what is contained in the written 
materials. An effective way to address this potential problem is to 
reach out to community-based organizations to review translated 
materials to ensure that they are accurate and easily understood by LEP 
persons. Recent technological advances have made it easier to store 
translated documents. It is advisable to maintain a data base of 
translated documents, to

[[Page 5263]]

avoid the cost and time of repeated translations of the same document.
3. Is Corporation Funding Available to Assist With the Cost of 
Translation?
    The cost of translation may be an allowable cost of a grant. Grant 
funds are not available for AmeriCorps*NCCC project sponsors.
4. What Does a Grantee Need To Know About Effectively Notifying LEP 
Persons of Their Right to Language Assistance and of the Availability 
of Language Assistance Free of Charge?
    For a language assistance program to be effective, LEP persons need 
to know they have the right to receive language assistance, and that 
the language assistance will be provided at no charge to them. 
Effective notification methods include, but are not limited to:
     Posting and maintaining signs in regularly encountered 
languages other than English in waiting rooms, reception areas and 
other initial points of entry. In order to be effective, these signs 
must inform applicants and beneficiaries of their right to free 
language assistance services and invite them to identify themselves as 
persons needing such services.
     Including statements about the services available and the 
right to free language assistance services, in appropriate non-English 
languages, in brochures, booklets, outreach and recruitment information 
and other materials that are routinely disseminated to the public.
     Providing this information to advocacy organizations, 
faith-based organizations, and societies providing services to LEP 
persons in the community.
5. What Other Innovative Methods Are There To Provide Meaningful Access 
to LEP Persons?
     Simultaneous Translation--This allows a grantee and client 
to communicate using wireless remote headsets while a trained competent 
interpreter, located in a separate room, provides simultaneous 
interpreting services. The interpreter can be miles away, and thereby 
reduces delays since the interpreter does not have to travel to the 
grantee's facility. In addition, a grantee that operates more than one 
facility can deliver interpreter services to all facilities using this 
central bank of interpreters, as long as each facility is equipped with 
the proper technology.
     Language Banks--In several parts of the country, both 
urban and rural, community organizations and providers have created 
community language banks that train, hire and dispatch competent 
interpreters to participating organizations, reducing the need to have 
on-staff interpreters for low demand languages. These language banks 
are frequently nonprofit and charge reasonable rates. This approach is 
particularly appropriate where there is a scarcity of language services 
or where there is a large variety of language needs.
     Language Support Office--This is an office that tests and 
certifies all in-house and contract interpreters, provides agency-wide 
support for translation of forms, client mailings, publications and 
other written materials into non-English languages, and monitors the 
policies of the agency and its vendors that affect LEP persons.
     Multicultural Delivery Project--This is a project that 
finds interpreters for immigrants and other LEP persons. It uses 
community outreach workers to work with LEP clients and can be used by 
employees in solving cultural and language issues. A multicultural 
advisory committee helps to keep the county in touch with community 
needs.
     Pamphlets--The pamphlets are intended to facilitate basic 
communication between clients and staff as they await receipt of 
interpreter services. They are not intended to replace interpreters but 
may aid in increasing the comfort level of LEP persons as they wait for 
services.

E. Compliance Monitoring

1. By What Mechanisms Does the Corporation Ensure Its Grantees Comply 
With These LEP Requirements?
    The Corporation uses or may use a variety of mechanisms to monitor 
compliance with civil rights requirements, including LEP requirements, 
by its grantees. These include review of grant application submissions, 
pre-award and/or post-award compliance reviews (desk audit or on-site), 
discrimination complaint investigations, and information gathered 
during outreach and technical assistance activities. Other federal 
agencies often provide far more monetary federal assistance to its 
grantees than does the Corporation. Each federal agency extending 
federal financial assistance maintains mechanisms to ensure compliance 
with Title VI and its implementing regulations. Compliance 
determinations by larger federal agencies are given great weight by the 
Corporation, and grantees receiving substantial federal financial 
assistance from agencies such as the U.S. Department of Health and 
Human Services, the U.S. Department of Education, the U.S. Department 
of Veteran's Affairs, the U.S. Department of Justice, and the U.S. 
Department of Housing and Urban Development should make sure to be 
familiar with the Title VI enforcement mechanisms of all federal 
agencies. If the Corporation receives a complaint alleging failure to 
provide effective access to LEP persons, we may refer it for processing 
to a larger federal agency who also funds the grantee. However, under 
these circumstances, we maintain our authority to independently 
determine a grantee's compliance.
2. What Can Happen to a Grantee if Its Actions Are Determined by the 
Corporation's EO Office To Be Discriminatory?
    The Corporation is obligated to take appropriate action regarding 
any grantee that does not comply with the civil rights laws, 
implementing regulations and policies. If the Equal Opportunity 
Director finds that a grantee has discriminated, it is in noncompliance 
with the civil rights laws. If the grantee refuses to voluntarily 
correct the noncompliance, the Corporation may pursue a number of 
options, including suspension, termination or the discontinuation of 
aid. The ultimate sanction may be termination of all federal funding to 
the program or activity.
    However, the purpose of the civil rights laws is to achieve 
compliance with the laws, not to terminate federal funding to programs. 
Therefore, we make great efforts to encourage our grantees to 
voluntarily comply with the laws.
3. What Responsibilities and Liabilities Do Primary Grantees Have When 
a Subgrantee Discriminates?
    A primary grantee extends federal financial assistance to 
subgrantees. A primary grantee has continuing oversight 
responsibilities for ensuring the operations of each of its subgrantees 
comply with the civil rights laws. When reviewing grant proposals, the 
primary grantee should consider whether applicants for subgrants have 
identified a means for providing access to LEP persons. During the term 
of the grant, the primary grantee should monitor the provision of 
meaningful access in the same manner that it monitors compliance with 
other grant provisions.
    When a beneficiary claims a subgrantee has discriminated, the 
primary grantee should take action to bring the subgrantee into 
voluntary compliance, and take appropriate action when a subgrantee 
does not voluntarily comply. In cases of noncompliance,

[[Page 5264]]

appropriate action may include but is not limited to:
     Providing relief to the beneficiary;
     Submitting reports of any internal investigation to our EO 
Director for review;
     Initiating action to terminate, suspend, or refuse to 
grant federal financial assistance to the discriminatory subgrantee; 
and
     Notifying our EO Director of the subgrantee's noncompliant 
status so our EO Office may take appropriate action, including 
notifying other federal granting agencies.
4. May Our EO Director Restore Compliant Status When a Grantee Remedies 
Violations?
    Yes. Our EO Director may restore a grantee to compliant status if 
it satisfies terms and conditions established by the Corporation, or if 
it otherwise brings itself into compliance and provides reasonable 
assurance of future compliance.

Examples of Promising Practices That Provide Access to LEP Persons

    The Association of Farmworker Opportunity Programs AmeriCorps 
program recruits former farmworkers to serve as AmeriCorps members. 
Most members are bilingual, and many are LEP. Members are encouraged to 
take English as a Second Language classes as a part of their member 
development plan. The program provides pesticide safety training to 
farmworkers and their families. Members conduct the training in 
Spanish.
    The program uses the following techniques to ensure that members 
understand their terms of service and benefits:
     Recruiting posters, flyers and the Member Service Contract 
are provided in Spanish.
     AmeriCorps project staff are bilingual (Spanish/English).
     Orientation training is provided in Spanish and English.
     Conference calls are held in Spanish when all members 
speak Spanish.
     Two bilingual second-year members led a team of members 
that communicated about their service projects exclusively in Spanish.
     Members had to be bilingual, but did not require English 
as the first language.
     Recruitment took place at the local field office level, 
and candidates were often from the farmworker community.
    The Parents Making a Difference AmericCorps program recruits a 
diverse corps including many bilingual members to provide outreach to 
parents in low-income school communities. Members translate at parent-
teacher conferences, call parents about absent children, and organize a 
wide variety of parent-oriented outreach and educational activities.
    ``Classroom in the Kitchen'' gives parents tips on how to support 
the educational growth of their children in their homes. Diverse 
language abilities and cultural knowledge is extremely important in 
this regard. The range of English proficiency is varied, allowing 
members to help each other, and communication about program activities 
is largely bilingual.
    The program provides English-Second-Language classes for LEP 
AmericCorps members as part of their Member Development Plan. (This 
language support is required by the Rhode Island Commission for all 
AmericCorps programs, in the same vein as the GED training 
requirement.)
    The Temple University Center for Intergenerational Learning, 
Students Helping in the Naturalization of Elders (SHINE) program. SHINE 
is a national, multicultural, intergenerational service-learning 
initiative in five cities. College students provide language, literacy, 
and citizenship tutoring to elderly immigrants and refugees. Currently, 
students serve as coaches in ESL/citizenship classes or as tutors in 
community centers, temples, churches, housing developments, and ethnic 
organizations.
    Northeastern University, San Francisco State University, Loyola 
University, Florida International University and Temple University are 
involved with SHINE. Students participate through courses, work study, 
and campus volunteer organizations. SHINE program coordinators partner 
with local community organizations; recruit, train, place, and monitor 
students at community sites; and provide support and technical 
assistance.
    Since 1997, more than 60 faculty from education, social work, 
anthropology, political science, modern languages, sociology, English, 
Latino, and Asian studies have offered SHINE as a service-learning 
option in their courses. Over 1,000 students provided over 25,000 hours 
of instruction to 3,500 older learners at 37 sites in Boston, San 
Francisco, Chicago, Miami, and Philadelphia.
    The Albuquerque Senior Companion Program (SCP), sponsored by the 
City of Albuquerque, Department of Senior Affairs, serves a diverse 
senior population with Native American, Hispanic, and Anglo volunteers. 
Senior Companions assist the frail elderly with household tasks and 
companionship.
    Ten of its volunteer stations are located on Pueblos. Each Pueblo 
has its own language. The program works closely with its site managers/
supervisors who are bilingual employees of the individual Pueblo 
governments and generally are residents of the Pueblos. Senior 
Companions serve on their own Pueblos and walk to the homes of their 
clients.
    Due to language and cultural barriers these supervisors assist with 
all areas of the program. They are familiar with the population in 
their individual Pueblos and use this knowledge to assist with 
recruitment, placement, and training. Each Pueblo celebrates ``Days of 
Feast'' separately. In order to honor individual feasts, the program 
has adjusted the ``leave time'' for Pueblo volunteers. Each volunteer 
is given paid leave to celebrate his or her Pueblo's feast. This is one 
of the ways the program remains culturally sensitive.
    ACCION International, a VISTA project sponsor, is a nonprofit that 
fights poverty through microlending. ACCION Chicago did outreach to 
home-based businesses that rarely have access to capital. A VISTA found 
that many of the women make ends meet through programs such as Mary Kay 
cosmetics. The VISTA worked with the ACCION loan officer to develop a 
loan product specifically for these women and has organized bilingual 
information sessions throughout Chicago neighborhoods.
    Bring New Jersey Together is an AmeriCorps program in Jersey City, 
New Jersey that seeks to bridge the cultural and linguistic barriers 
separating new Americans from the rest of the community. AmeriCorps 
members serve LEP community members by translating documents and 
escorting them to places such as medical appointments, the grocery 
stores, or anywhere else where a translator may be necessary. The 
primary languages of the program are Spanish, Russian, and Vietnamese, 
but also Albanian, Creole, Indian languages, and others depending on 
the influx of refugees.
    The New Jersey Commission built a partnership with the 
International Institute of New Jersey, which had provided services to 
the immigrant community for fifty years, to establish an AmeriCorps 
program that served the needs of the community. The best practice 
aspect of this example is that program was designed in partnership with 
an established organization instead of starting a brand new AmeriCorps 
project to address this issue.

[[Page 5265]]

    The Honolulu Chinese Citizenship Tutorial Program is a service-
learning project site in the Champus Compact National Center for 
Community Colleges ``2+4=Service on Common Ground''. The University of 
Hawai'i at Monoa's College of Social Sciences collaborated with the 
Kapl'olani Community College, Chaminade University, the Chinese 
Community Action Coalition and Child and Family Service. Local 
bilingual college students serve as tutors (during a 10-week session) 
for Chinese immigrants to help them pass their citizenship exams. The 
immigrants are recruited by visiting adult education classes, through 
Chinese radio programs, flyers, and Chinese language newspapers. The 
Chinese Community Action Coalition provides the curriculum and 
resources such as Scrabble, books, word-picture matching games, and 
card games for constructing simple English sentences.
    The tutorial sessions focus on passing the INS exam and 
conversational English. Many of the immigrants are senior citizens. The 
classes are held in Chinatown. Since the project began, about 1,000 
immigrants and refugees have enrolled. Over 300 students have 
participated as tutors and approximately one-third of the Chinese 
immigrants became citizens.
    Transitional House, Santa Barbara, CA., is a facility that 
primarily serves homeless Hispanic women. The services are tailored to 
meet the needs of each family to help women and their children move 
from homelessness and unemployment to employment and permanent housing. 
The VISTAs assigned to the project are bilingual. The clientele is 60% 
monolingual Spanish speakers.
    The VISTAs are creating a Career Development Curriculum that is 
fully translated into Spanish and members host seminars about 
immigration and consumer credit counseling services. There was a need 
to improve communication with clients. One of the VISTAs developed 
``halfsheets'', one side in Spanish, the other in English, that explain 
the services offered by Transition House.
    The VISTAs are responsible for placement of children in daycare to 
enable parents to work. They accompany families to childcare providers 
to assist with translation and to help make the families feel at ease 
with placing their children in childcare.

    Dated: January 30, 2002.
Wendy Zenker,
Chief Operating Officer.
[FR Doc. 02-2739 Filed 2-4-02; 8:45 am]
BILLING CODE 6050-$$-P