Coronavirus Language Access Act
This bill requires the Centers for Disease Control and Prevention (CDC) and other federal agencies to take actions to expand access to information about COVID-19 (i.e., coronavirus disease 2019) for those with limited English proficiency. It also provides emergency funding to the Administration on Community Living for FY2020 to increase access to such information for those who have limited English proficiency and are older individuals, individuals with disabilities, or individuals who are deaf or hard of hearing.
Among other requirements, the CDC must award grants to, or enter cooperative agreements with, community-based organizations or governmental health departments to offer interpretive services for individuals receiving COVID-19 tests and otherwise provide information about COVID-19 and other public health activities in certain languages other than English. The CDC must also translate, within seven days, certain COVID-19 materials into specified languages other than English and must operate a hotline staffed by trained interpreters to provide information about COVID-19 to the public.
In addition, any federal agency that receives funding pursuant to a COVID-19 response law must translate, within seven days, materials that describe programs and opportunities related to COVID-19 into specified languages other than English and must provide oral language assistance services to those with limited English proficiency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4526 Introduced in Senate (IS)]
<DOC>
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)).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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