November 1, 2022
FEMA Assistance: Limited English Proficiency and Equity
Individuals with Limited English Proficiency (LEP) often
information, and (3) develop and maintain a database on
encounter disproportionate risk during hazards as well as
successful language assistance programs that could be
barriers to federal relief. Statute requires the Federal
provided to SLTTs during an incident (42 U.S.C. §5196f).
Emergency Management Agency (FEMA; the lead agency
for domestic emergency management) to ensure that
FEMA Regulations and Agency Notices
disaster relief reaches individuals with LEP. This In Focus
FEMA issued regulations implementing statutory civil
summarizes select risks that language barriers impose
rights obligations for federal disaster relief at 44 C.F.R.
during hazard response and recovery (e.g., evacuation and
§206.11 and 44 C.F.R. Part 7. Per these regulations, entities
sheltering), federal authorities addressing disaster relief for
receiving most forms of FEMA assistance (e.g., SLTTs and
individuals with LEP, and recent policy proposals to
nonprofits) may not discriminate against individuals on the
enhance the delivery of federal relief for such individuals.
basis of national origin, among other grounds, when
administering such relief (LEP is not explicitly mentioned).
Language Barriers—Select Risks
FEMA may refuse or terminate financial assistance in cases
Language barriers may exacerbate the effects of hazards
of noncompliance. Additionally, neither federal personnel
and hinder relief efforts in the following ways:
nor agencies may discriminate against individuals when
providing federal disaster assistance.
Individuals with LEP may not understand evacuation
notices or instructions, raising the risk of casualty.
In 2011, the Department of Homeland Security (DHS)
released guidance for agency components, including FEMA
Individuals with LEP may not understand emergency
(“2011 DHS Notice”; 76 Federal Register 21755). The
relief providers, impeding access to emergency medical
guidance (1) details federal assistance recipients’
care, sheltering assistance, and key relief commodities.
responsibilities to ensure access to individuals with LEP
and (2) explains how DHS evaluates compliance.
Individuals with LEP may not be able to access federal
aid applications, written guidance, and oral
Federal Communications Commission (FCC)
instructions, deterring or delaying their requests for
State and local agencies can send emergency alerts through
relief or yielding insufficient awards. (FEMA does
FEMA’s Integrated Public Alert and Warning System
report that it can provide some assistance in English
(IPAWS), which distributes alerts via radio, television, cell
and Spanish, and contracts for assistance in additional
phones, and other means. FEMA coordinates with the
languages.)
Federal Communications Commission (FCC), which
regulates commercial broadcast and mobile service
Officials with LEP in state, local, tribal, and territorial
providers. The FCC has adopted rules for the Emergency
governments (SLTTs) and nonprofits may not
Alert System (EAS), which delivers alerts via television
understand relief instructions and procedures, inhibiting
and radio (47 C.F.R. Part 11), and the Wireless Emergency
the delivery of critical assistance.
Alerts (WEA) system, used by mobile service providers to
send alerts to cell phones (47 C.F.R. Part 10). FCC
Key Authorities
mandates that EAS broadcasters providing foreign language
programming should transmit EAS announcements in the
Relevant Statutes
primary language of the EAS participant (47 C.F.R.
Title VI of the Civil Rights Act of 1964 requires recipients
§11.55(c)(4)). The FCC also requires EAS participants to
of federal assistance to ensure that persons with LEP have
report actions taken or planned to reach non-English
meaningful access to such assistance. Additionally, Section
speaking audiences to help states acquire information on
308 of the Robert T. Stafford Disaster Relief and
how best to disseminate multilingual alerts (47 C.F.R.
Emergency Assistance Act (the Stafford Act, P.L. 93-288,
§11.55(d)). The FCC adopted WEA rules (47 C.F.R.
as amended) requires the issuance of regulations ensuring
§10.480) requiring wireless service providers to transmit
the provision of disaster relief without discrimination,
WEA alerts issued in Spanish or that contain Spanish-
including based on English proficiency.
language characters, to cell phone users who specify
Spanish as their preferred language. Some stakeholders
In 2006, the Post-Katrina Emergency Management Reform
have urged the FCC to expand and improve multilingual
Act (PKEMRA, P.L. 109-295) amended the Stafford Act. It
alerting capabilities for both EAS and WEA.
required the FEMA Administrator to (1) work with SLTTs
to identify LEP populations and ensure that they are
Executive Orders
incorporated into the disaster planning process; (2) ensure
On August 11, 2000, President Clinton signed Executive
that such populations could access disaster relief
Order (E.O.) 13166, Improving Access to English Services
https://crsreports.congress.gov
FEMA Assistance: Limited English Proficiency and Equity
for Persons with Limited English Proficiency, which
Implementation Gaps and FEMA Capacity
requires federal agencies to examine the services they
FEMA’s bilingual workforce has sometimes fallen short of
provide and develop and implement a system to provide
demand in post-disaster areas. For example, FEMA was
individuals with LEP “meaningful access” to agency
found to have insufficient Spanish-speaking staff to serve
services. The E.O. builds on the prohibitions on
local residents in Puerto Rico following Hurricane María
discrimination due to national origin in Title VI of the Civil
(GAO-18-472). Such shortfalls may be particularly
Rights Act of 1964, as amended. E.O. 13166 directs all
common when concurrent disasters require limited FEMA
agencies providing federal financial assistance to prepare a
personnel to deploy to multiple regions. FEMA may require
Language Access Plan (LAP) to improve access to
additional appropriations to support more bilingual
programs by eligible individuals with LEP. The E.O.
permanent staff, short-term reservists, or translators.
further directs the Department of Justice (DOJ) to oversee
agency compliance and consistency in implementation.
Recent Policy Recommendations
Federal Hiring for Language Competency
Through DOJ guidance, agencies and recipients of federal
The 2022 inaugural report of President Joseph R. Biden’s
financial assistance must assess “meaningful access” to
Advisory Commission on Asian Americans, Native
their programs and activities through a four-factor analysis:
Hawaiians, and Pacific Islanders (the Commission) called
1.
upon the Office of Personnel Management to provide
The number or proportion of individuals
guidance on hiring bilingual staff, interpreters, and
with LEP served or encountered in the
translators to federal agencies that directly provide federal
service population;
disaster assistance. Other experts also recommended hiring
2. The frequency of contact with individuals
local residents that share survivors’ cultures and languages.
with LEP;
3. The nature and importance of the
New Requirements for Federal Grantees
program; and
The Commission’s report also called upon FEMA to revise
4. The agency’s available resources.
requirements for SLTTs receiving federal assistance.
DOJ explains, “Applying the four factors, for example, a
Specifically, the Commission recommended that FEMA
require such entities to identify LEP communities and detail
small police department with limited resources
how they will ensure meaningful access to federal relief in
encountering very few LEP people has far fewer language
those communities. Currently, DHS recommends similar
assistance responsibilities than larger departments with
actions to establish compliance with federal civil rights
more resources and large populations of LEP individuals.”
requirements (see 2011 DHS Notice). The Commission
(66 Federal Register 3834).
suggested incorporating requirements into grant terms,
FEMA Policy and Guidance
scoring methods, and notices of funding opportunities.
In 2016, FEMA issued a LAP (updated in 2020) to comply
Incorporate LEP Communities into Planning
with E.O. 13166. The LAP explains how FEMA conducts
“demographic assessments” to identify affected LEP
Federal and nonfederal stakeholders and experts
recommend that preparedness and planning efforts include
populations following a Stafford Act declaration. The LAP
individuals with LEP (and representative organizations) to
reported that FEMA releases some relevant information to
ensure sufficient consideration of their needs.
disaster survivors in different languages based on these
assessments, including “Civil Rights Notices” that
Direct Outreach to Affected Populations
acknowledge the right of individuals with LEP to receive
A recent coalition of groups representing disaster survivors
accessible communication, and notice that FEMA can
(e.g., Ayuda Legal Puerto Rico) recommended that FEMA
provide interpreter services in up to 69 languages (at certain
provide assistance notices and application guidance through
locations). Separately, FEMA’s 2020 LAP reported that the
door-to-door campaigns to affected, hard-to-reach
agency publishes a range of flyers, press releases, and
populations, particularly individuals with LEP, among
information online in 21 different languages. FEMA’s LAP
others. FEMA supported similar outreach efforts during the
also identifies a number of evaluation tools that the agency
COVID-19 pandemic and Hurricane Ian.
uses to assess federal measures to ensure and enhance
language accessibility. Consistent with stakeholder and
Data on Language Outreach
expert recommendations, FEMA planning guidance for
FEMA’s National Advisory Council (an advisory body of
SLTTs also recommends that emergency operations
representatives from SLTT governments, emergency
planning efforts involve individuals with LEP.
management professionals and experts, and populations
Select Policy Issues
with special needs) proposed that FEMA track the
languages used to reach survivors as part of an effort to
Establishing Trust Across Language Barriers
assess the equitability of different agency programs.
Language barriers may undermine trust between disaster
survivors and emergency responders, jeopardizing
Erica A. Lee, Analyst in Emergency Management and
evacuation and relief efforts. For example, some
Disaster Recovery
immigrants with LEP may avoid government officials due
Meghan M. Stuessy, Analyst in Government Organization
to fears of immigration surveillance and enforcement.
and Management
https://crsreports.congress.gov
FEMA Assistance: Limited English Proficiency and Equity
Jill C. Gallagher, Analyst Telecommunications Policy
Elizabeth M. Webster, Analyst in Emergency
IF12263
Management and Disaster Recovery
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