Equitable Access to Disaster Relief and Preparedness Services Act

109th CONGRESS
2d Session

H. R. 5498

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the provision of disaster relief and preparedness services with respect to persons with limited English proficiency, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 25, 2006

Mr. HONDA (for himself, Mr. ABERCROMBIE, Ms. BORDALLO, Mr. CASE, Mr. FALEOMAVAEGA, Mr. AL GREEN of Texas, Ms. MATSUI, Mr. SCOTT of Virginia, Mr. WU, Mr. WATT, Mrs. NAPOLITANO, and Mr. BECERRA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

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 `Equitable Access to Disaster Relief and Preparedness Services Act'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds the following:

(1) Effective communication is essential to meaningful access to disaster relief related services.

(2) Research establishes that the lack of language services and culturally competent services creates barriers, and diminishes the quality of access, to public services for individuals with limited English proficiency.

(3) Communities from across the country have reported language difficulties and inadequate funding of language services and culturally competent services to be major barriers to the access of individuals with limited English proficiency to public services and disaster relief related services in the areas of health care, mental health, housing assistance, and small business.

(4) The number of non-English speaking residents in the United States continues to increase.

(5) 47,000,000 people, 18 percent of the United States population, speak a language other than English at home; and 21,000,000 people, 8 percent of the United States population, speak English less than very well and, therefore, cannot effectively communicate with health and social service and disaster relief providers.

(6) At least 19,641 individuals within the Hurricane Katrina and Rita disaster areas spoke English less than very well.

(7) 12,649 individuals within the Hurricane Katrina and Rita disaster areas who spoke Asian and Pacific Islander languages spoke English less than very well.

(8) According to the Census, approximately 30,000 Vietnamese-Americans lived in the Gulf Coast region devastated by Hurricane Katrina and Rita with an estimated 15,000 Vietnamese-Americans who evacuated to Houston, Texas.

(9) According to the 2004 Census, 67,000 Asian Americans and Pacific Islanders have been affected by the Hurricane Rita and Katrina disasters.

(10) Congress has identified discrimination as a problem to be addressed in disaster assistance since Hurricane Camille struck in 1969. The Disaster Relief Act of 1970 (84 Stat. 1730) included a nondiscrimination section. Despite such past actions, discrimination in disaster assistance remains a problem and should be addressed.

(11) The prohibition on discrimination on the basis of national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) has long been interpreted to forbid discrimination on the basis of language.

(12) In order to avoid discrimination against individuals with limited English proficiency on the basis of national origin, providers of disaster relief related services should take adequate steps to ensure that such individuals receive the language services necessary to afford meaningful access to such services, free of charge.

(13) The responsibility to fund language services in the provision of disaster relief related services to individuals with limited English proficiency is a societal one that cannot fairly be visited upon any one segment of the disaster relief, health care, public health, public safety, or social services community.

(14) Linguistic and cultural diversity in the disaster relief related services workforce is important for providing all communities, including communities of individuals with limited English proficiency, the environment most conducive to equitable, efficient, and meaningful access to disaster relief related services.

(15) All members of the disaster relief related services community should continue to educate their staff and constituents about limited English proficient issues and help them identify resources to improve access to quality public services and assistance for individuals with limited English proficiency.

(b) Purposes- The purposes of this Act are to assist providers of disaster relief related services--

(1) to improve, through effective communication, the quality of disaster relief related services for individuals with limited English proficiency; and

(2) to meet their obligation and responsibility to ensure equal access to such services for such individuals.

SEC. 3. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO ENGLISH PROFICIENCY.

(a) In General- Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended--

(1) in subsection (a) by inserting `English proficiency,' after `age,'; and

(2) by adding at the end the following:

`(c) Responsibility of President- In carrying out this section, the President shall--

`(1) ensure that all Federal entities that provide assistance under this Act maintain, on a continuing and updated basis, the capability to administer competent interpreter and translation services;

`(2) communicate with State and local governments for the purpose of identifying individuals with limited English proficiency and including such individuals in disaster preparedness planning and direct all Federal agencies to provide to appropriate population segments, in a timely manner, translated notices and documents to implement disaster relief assistance under this Act;

`(3) ensure that the information in such translated notices and documents is provided to private organizations, neighborhood associations, houses of worship, and other organizations that could assist with the distribution of the translated information to affected and appropriate population segments;

`(4) ensure that the information in such translated notices and documents reflects the information provided by the President through the following types of media:

`(A) emergency notifications, public broadcasts, electronic roadside signs, flyers, brochures, applications, and letters containing important information regarding assistance authorized to be provided by the President under this Act;

`(B) notices pertaining to the reduction, denial, or termination of services or benefits under this Act;

`(C) notices of the right to appeal actions referred to in subparagraph (B); and

`(D) notices for limited English proficient individuals of the availability of free language services and other outreach materials;

`(5) have available for activation a cadre of disaster relief and emergency assistance employees sufficient to provide services under paragraph (2);

`(6) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing disaster and emergency related services; and

`(7) report to Congress on the treatment of individuals with limited English proficiency during the Hurricane Katrina disaster and on the feasibility of establishing and operating a toll-free number by which such individuals will be able to obtain information in their primary language regarding federally funded disaster services and the availability public disaster benefits.'.

(b) Technical Assistance for Development of Plans and Programs- Section 201(b) of such Act (42 U.S.C. 5131(b)) is amended by inserting `with and without English proficiency' after `to individuals'.

SEC. 4. EMERGENCY PREPAREDNESS DEMONSTRATION.

(a) In General- Beginning not later than the 180th day following the date on which funds are appropriated to carry out this section, the Director of the Federal Emergency Management Agency shall conduct an emergency preparedness demonstration program to study the needs of individuals and households with limited English proficiency for use in the design and development of community and family preparedness programs and to develop initiatives based on the results of the study to improve disaster awareness and readiness in communities that have individuals with limited English proficiency.

(b) Authorization of Appropriations- There is authorized to be appropriated $1,500,000 to carry out this section.

END