,,ii #aafth ,,congress #b;d ,session ,s4 #deab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbj,mr4 ,menendez 7for himself1 ,mr4 ,casey1 ,mr4 ,brown1 ,ms4 ,hirono1 ,ms4 ,warren1 and ,mr4 ,booker7 introduced the following bill2 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 services1 activities1 programs1 and benefits of those agencies4 #a4 ,short title ,this ,act may be cited as the ,equal ,access to ,information ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency means an ,executive agency1 as defined under section #aje of title #e1 ,united ,states ,code4 7#b7 ,emergency ,the term emergency means-- 7,a7 an emergency or major disaster declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 7,b7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq472 7,c7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,d7 a fishery disaster declared by the ,secretary of ,commerce2 7,e7 a disaster declared by the ,administrator of the ,small ,business ,administration2 7,f7 a disaster declared by the ,secretary of ,agriculture2 and 7,g7 the provision of fire management assistance grants under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg74 7#c7 ,disability ,the term disability has the meaning given that term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#d7 ,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 read1 write1 speak1 or understand ,english4 7#e7 ,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 to1 understanding of1 or benefit from the services1 activities1 programs1 or benefits provided by the agency4 #c4 ,language ,access ,working ,group 7a7 ,demographic assessment ,not later than #cj days after the date of enactment of this ,act and every #c years thereafter1 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 agency4 7b7 ,working group established ,not later than #cj days after the conclusion of the demographic assessment under subsection 7a71 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 #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and that such agencies do not discriminate against individuals with disabilities in violation of section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the head of each ,federal agency shall establish within the agency a ,language ,access ,working ,group1 which shall include the following members3 7#a7 ,one or more senior officials within the agency division or directorate4 7#b7 ,when possible1 #a or more representatives from each employee resource group4 7#c7 ,the ,chief ,human ,capital ,officer or their appointee4 7#d7 ,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 7a71 including technical and content experts in communication disabilities1 and cross-cultural translations and interpretation services4 7#e7 ,a website accessibility expert4 7#f7 ,internal communications personnel4 7c7 ,duties of the working group ,each ,language ,access ,working ,group shall-- 7#a7 examine the services1 activities1 programs1 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 services1 activities1 programs1 and benefits in a manner that is consistent with the fundamental mission of that agency2 7#b7 examine the services1 activities1 programs1 and benefits provided by any recipients of ,federal financial assistance provided by such agency 7referred to in this ,act as recipients7 to provide recommendations about how the agency can ensure that recipients of ,federal financial assistance provide meaningful access to applicants1 beneficiaries1 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 recipient2 7#c7 conduct an annual vitality assessment to determine1 over time and across various activities1 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 agency2 7#d7 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 disabilities2 7#e7 provide recommendations about how the agency can ensure that the distribution of supplies1 the processing of applications1 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 manner1 without discrimination on the grounds of nationality1 disability1 or ,english proficiency2 and 7#f7 assist the head of the agency in-- 7,a7 preparing1 annually updating1 submitting to the ,attorney ,general1 and implementing the plan described in section #d7;a72 7,b7 issuing the guidance described in section #d7;d72 and 7,c7 ensuring the agency plan and agency recipient guidance is made available to the public online in a manner that complies with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d74 #d4 ,access plan for federally conducted programs and activities 7a7 ,in ,general ,not later than #a year after the date of enactment of this ,act1 the head of each agency shall prepare and submit to the ,attorney ,general a plan described in subsection 7b74 ,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 7#fg ,fed4 ,reg4 #dadee 7,june #ab1 #bjjb771 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf74 7b7 ,plan requirement ,each plan under subsection 7a7 shall include-- 7#a7 the steps the agency will take to ensure that individuals with limited ,english proficiency or individuals with disabilities have access to each service1 activity1 program1 or benefit provided or administered by the agency2 7#b7 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 service1 activity1 program1 or benefit provided or administered by the agency2 7#c7 the policies and procedures for identifying1 assessing1 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 agency2 7#d7 the steps the agency will take to ensure that each service1 activity1 program1 or benefit of the agency is culturally and linguistically appropriate1 including providing a range of language assistance options1 notice to individuals with limited ,english proficiency or individuals with disabilities of the right to qualified language services and communication access1 periodic training of staff1 monitoring and quality assessment of the language services and1 in appropriate circumstances1 the translation of written materials2 7#e7 the steps the agency will take1 with respect to each service1 activity1 program1 or benefit of the agency1 to provide reasonable accommodations necessary for individuals with limited ,english proficiency and communication disabilities to understand communications from the agency2 7#f7 the steps the agency will take to ensure that all applications1 forms1 and other relevant documents for the agency's services1 activities1 benefits1 and programs are competently translated1 interpreted1 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 service1 activity1 benefit1 or program2 7#g7 when providing media1 live broadcasting1 or additional video communication for the agency's services1 activities1 benefits1 and programs1 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 #cc percent of the screen2 7#h7 if relevant to the agency1 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 disabilities2 7#i7 if relevant to the agency1 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 interpreters2 and 7#aj7 the resources the agency will provide to ensure that minor children are not used to provide interpretation services1 except as permitted under regulations implementing section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf7 as published in the ,federal ,register on ,may #ah1 #bjaf4 7c7 ,,doj ,review ,the ,attorney ,general shall review each plan submitted in accordance with this section not later than #abj days after receipt of the plan4 ,the ,attorney ,general shall also review the most recently submitted plan from each relevant agency not later than #g days after an emergency has been declared4 7d7 ,guidance for recipients of ,federal financial assistance 7#a7 ,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 service1 activity1 program1 or benefit provided or administered by the recipient4 ,such guidance shall take into account the types of services provided by the recipients and the individuals served by the recipients4 7#b7 ,review and approval ,the agency shall submit such guidance for review and approval by the ,attorney ,general4 ,following approval by the ,attorney ,general1 each agency shall publish its guidance document in the ,federal ,register for public comment4 #e4 ,consultation 7a7 ,stakeholder input ,in carrying out this ,act1 agencies shall ensure that stakeholders1 such as individuals with limited ,english proficiency1 people with disabilities1 and their representative organizations1 recipients1 and other appropriate individuals or entities1 have an adequate opportunity to provide meaningful input4 7b7 ,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 recipients4 7c7 ,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 effective1 fiscally responsible1 responsive to the particular circumstances of each agency1 and can be readily implemented4