Equal Access to Information Act of 2020

II 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 Govern- mental Affairs A BILL To establish requirements for Federal agencies to ensure that individuals with limited English proficiency and peo- ple with disabilities can access the services, activities, programs, and benefits of those agencies. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Equal Access to Infor- 4 mation Act of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4512 IS (1) AGENCY.—The term ‘‘agency’’ means an 1 Executive agency, as defined under section 105 of 2 title 5, United States Code. 3 (2) EMERGENCY.—The term ‘‘emergency’’ 4 means— 5 (A) an emergency or major disaster de- 6 clared by the President under the Robert T. 7 Stafford Disaster Relief and Emergency Assist- 8 ance Act (42 U.S.C. 5121 et seq.); 9 (B) a national emergency declared by the 10 President under the National Emergencies Act 11 (50 U.S.C. 1601 et seq.); 12 (C) a public health emergency declared by 13 the Secretary of Health and Human Services 14 under section 319 of the Public Health Service 15 Act (42 U.S.C. 247d); 16 (D) a fishery disaster declared by the Sec- 17 retary of Commerce; 18 (E) a disaster declared by the Adminis- 19 trator of the Small Business Administration; 20 (F) a disaster declared by the Secretary of 21 Agriculture; and 22 (G) the provision of fire management as- 23 sistance grants under section 420 of the Robert 24 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4512 IS T. Stafford Disaster Relief and Emergency As- 1 sistance Act (42 U.S.C. 5187). 2 (3) DISABILITY.—The term ‘‘disability’’ has the 3 meaning given that term in section 3 of the Ameri- 4 cans with Disabilities Act of 1990 (42 U.S.C. 5 12102). 6 (4) INDIVIDUAL WITH LIMITED ENGLISH PRO- 7 FICIENCY.—The term ‘‘individual with limited 8 English proficiency’’ means an individual whose pri- 9 mary language for communication is not English 10 and who has a limited ability to read, write, speak, 11 or understand English. 12 (5) LANGUAGE ACCESS.—The term ‘‘language 13 access’’ means the provision of culturally competent 14 and effective language services to an individual with 15 limited English proficiency or an individual with dis- 16 abilities designed to enhance that individual’s access 17 to, understanding of, or benefit from the services, 18 activities, programs, or benefits provided by the 19 agency. 20 SEC. 3. LANGUAGE ACCESS WORKING GROUP. 21 (a) DEMOGRAPHIC ASSESSMENT.—Not later than 30 22 days after the date of enactment of this Act and every 23 3 years thereafter, the head of each Federal agency shall 24 conduct a demographic assessment of individuals with lim- 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4512 IS ited English proficiency and individuals with disabilities 1 who are eligible to be served or likely to be encountered 2 by that agency. 3 (b) WORKING GROUP ESTABLISHED.—Not later than 4 30 days after the conclusion of the demographic assess- 5 ment under subsection (a), and in order to ensure that 6 Federal agencies do not discriminate on the basis of na- 7 tional origin in violation of title VI of the Civil Rights Act 8 of 1964 (42 U.S.C. 2000d et seq.) and that such agencies 9 do not discriminate against individuals with disabilities in 10 violation of section 504 of the Rehabilitation Act of 1973 11 (29 U.S.C. 794), the head of each Federal agency shall 12 establish within the agency a Language Access Working 13 Group, which shall include the following members: 14 (1) One or more senior officials within the 15 agency division or directorate. 16 (2) When possible, 1 or more representatives 17 from each employee resource group. 18 (3) The Chief Human Capital Officer or their 19 appointee. 20 (4) Such experts as necessary to develop com- 21 munications for individuals with limited English pro- 22 ficiency and individuals with disabilities who are eli- 23 gible to be served or likely to be encountered by that 24 agency as identified by the demographic assessment 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4512 IS under subsection (a), including technical and content 1 experts in communication disabilities, and cross-cul- 2 tural translations and interpretation services. 3 (5) A website accessibility expert. 4 (6) Internal communications personnel. 5 (c) DUTIES OF THE WORKING GROUP.—Each Lan- 6 guage Access Working Group shall— 7 (1) examine the services, activities, programs, 8 and benefits provided by the agency and assist the 9 agency in developing and implementing a system by 10 which individuals with limited English proficiency 11 and individuals with disabilities can access those 12 services, activities, programs, and benefits in a man- 13 ner that is consistent with the fundamental mission 14 of that agency; 15 (2) examine the services, activities, programs, 16 and benefits provided by any recipients of Federal fi- 17 nancial assistance provided by such agency (referred 18 to in this Act as ‘‘recipients’’) to provide rec- 19 ommendations about how the agency can ensure that 20 recipients of Federal financial assistance provide 21 meaningful access to applicants, beneficiaries, and 22 other individuals served by that recipient who are in- 23 dividuals with limited English proficiency or individ- 24 uals with disabilities in a manner that is consistent 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4512 IS with the fundamental mission of that agency without 1 unduly burdening the essential functions of that re- 2 cipient; 3 (3) conduct an annual vitality assessment to de- 4 termine, over time and across various activities, 5 which of the documents produced by that agency are 6 vital to provide equal access for individuals with lim- 7 ited English proficiency and individuals with disabil- 8 ities served by the agency; 9 (4) provide recommendations about how the 10 agency can ensure that information made available 11 by the agency or by a recipient to individuals af- 12 fected by an emergency is made available as soon as 13 possible in multimodal and cross-cultural formats 14 that can be understood by individuals with limited 15 English proficiency and individuals with disabilities; 16 (5) provide recommendations about how the 17 agency can ensure that the distribution of supplies, 18 the processing of applications, and other relief and 19 assistance activities provided by such agency or re- 20 cipient during or in response to an emergency shall 21 be accomplished in an equitable and impartial man- 22 ner, without discrimination on the grounds of na- 23 tionality, disability, or English proficiency; and 24 (6) assist the head of the agency in— 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4512 IS (A) preparing, annually updating, submit- 1 ting to the Attorney General, and implementing 2 the plan described in section 4(a); 3 (B) issuing the guidance described in sec- 4 tion 4(d); and 5 (C) ensuring the agency plan and agency 6 recipient guidance is made available to the pub- 7 lic online in a manner that complies with sec- 8 tion 508 of the Rehabilitation Act of 1973 (29 9 U.S.C. 794d). 10 SEC. 4. ACCESS PLAN FOR FEDERALLY CONDUCTED PRO- 11 GRAMS AND ACTIVITIES. 12 (a) IN GENERAL.—Not later than 1 year after the 13 date of enactment of this Act, the head of each agency 14 shall prepare and submit to the Attorney General a plan 15 described in subsection (b). Each agency shall ensure that 16 such plan is consistent with the final guidance of the De- 17 partment of Justice entitled ‘‘Guidance to Federal Finan- 18 cial Assistance Recipients Regarding Title VI Prohibition 19 Against National Origin Discrimination Affecting Limited 20 English Proficient Persons’’ (67 Fed. Reg. 41455 (June 21 12, 2002)), the Americans with Disabilities Act of 1990 22 (42 U.S.C. 12102), section 504 of the Rehabilitation Act 23 of 1973 (29 U.S.C. 794), and section 1557 of the Patient 24 Protection and Affordable Care Act (42 U.S.C. 18116). 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4512 IS (b) PLAN REQUIREMENT.—Each plan under sub- 1 section (a) shall include— 2 (1) the steps the agency will take to ensure that 3 individuals with limited English proficiency or indi- 4 viduals with disabilities have access to each service, 5 activity, program, or benefit provided or adminis- 6 tered by the agency; 7 (2) the steps the agency will take to ensure that 8 older adults with limited English proficiency or a 9 disability who may require the use of non-traditional 10 modes of communication have access to each service, 11 activity, program, or benefit provided or adminis- 12 tered by the agency; 13 (3) the policies and procedures for identifying, 14 assessing, and meeting the culturally and linguis- 15 tically appropriate language needs of the agency’s 16 beneficiaries who are individuals with limited 17 English proficiency or individuals with disabilities 18 served by the agency; 19 (4) the steps the agency will take to ensure that 20 each service, activity, program, or benefit of the 21 agency is culturally and linguistically appropriate, 22 including providing a range of language assistance 23 options, notice to individuals with limited English 24 proficiency or individuals with disabilities of the 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4512 IS right to qualified language services and communica- 1 tion access, periodic training of staff, monitoring 2 and quality assessment of the language services and, 3 in appropriate circumstances, the translation of writ- 4 ten materials; 5 (5) the steps the agency will take, with respect 6 to each service, activity, program, or benefit of the 7 agency, to provide reasonable accommodations nec- 8 essary for individuals with limited English pro- 9 ficiency and communication disabilities to under- 10 stand communications from the agency; 11 (6) the steps the agency will take to ensure that 12 all applications, forms, and other relevant documents 13 for the agency’s services, activities, benefits, and 14 programs are competently translated, interpreted, 15 and provided in accessible formats in the primary 16 language of a client that is an individual with lim- 17 ited English proficiency or an individual with disabil- 18 ities if such materials are needed to improve access 19 of such client to such service, activity, benefit, or 20 program; 21 (7) when providing media, live broadcasting, or 22 additional video communication for the agency’s 23 services, activities, benefits, and programs, how the 24 agency will ensure the use of qualified American 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4512 IS Sign Language interpreters with a picture-in-picture 1 inset feature where the interpreter’s frame is at 2 least the same size as the main speaker’s frame but 3 no smaller than 33 percent of the screen; 4 (8) if relevant to the agency, the resources the 5 agency will provide to improve cultural and linguistic 6 appropriateness and accessibility practices to assist 7 recipients of Federal funds to improve their access 8 to health care related programs and activities for in- 9 dividuals with limited English proficiency or individ- 10 uals with disabilities; 11 (9) if relevant to the agency, the resources the 12 agency will provide to ensure that accessible infor- 13 mation and competent communication assistance is 14 provided to patients that are individuals with limited 15 English proficiency or people with disabilities by 16 qualified interpreters; and 17 (10) the resources the agency will provide to en- 18 sure that minor children are not used to provide in- 19 terpretation services, except as permitted under reg- 20 ulations implementing section 1557 of the Patient 21 Protection and Affordable Care Act (42 U.S.C. 22 18116) as published in the Federal Register on May 23 18, 2016. 24 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4512.IS S4512 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4512 IS (c) DOJ REVIEW.—The Attorney General shall re- 1 view each plan submitted in accordance with this section 2 not later than 120 days after receipt of the plan. The At- 3 torney General shall also review the most recently sub- 4 mitted plan from each relevant agency not later than 7 5 days after an emergency has been declared. 6 (d) GUIDANCE FOR RECIPIENTS OF FEDERAL FI- 7 NANCIAL ASSISTANCE.— 8 (1) IN GENERAL.—The agency shall issue guid- 9 ance for recipients of Federal financial assistance 10 under the jurisdiction of the agency in order to as- 11 sist such recipients in ensuring that individuals with 12 limited English proficiency or individuals with dis- 13 abilities have access to each service, activity, pro- 14 gram, or benefit provided or administered by the re- 15 cipient. Such guidance shall take into account the 16 types of services provided by the recipients and the 17 individuals served by the recipients. 18 (2) REVIEW AND APPROVAL.—The agency shall 19 submit such guidance for review and approval by the 20 Attorney General. Following approval by the Attor- 21 ney General, each agency shall publish its guidance 22 document in the Federal Register for public com- 23 ment. 24 VerDate Sep 11 2014 18:20 Au [Text truncated for display. Full text available on Congress.gov.]