December 5, 2022
FEMA Assistance: Limited English Proficiency and Equity
Individuals with Limited English Proficiency (LEP) often
successful language assistance programs that could be
encounter disproportionate risk during hazards as well as
provided to SLTTs during an incident (42 U.S.C. §5196f).
barriers to federal relief. Statute requires the Federal
Emergency Management Agency (FEMA; the lead agency
FEMA Regulations and Agency Notices
for domestic emergency management) to ensure that
FEMA issued regulations implementing statutory civil
disaster relief reaches individuals with LEP. This In Focus
rights obligations for federal disaster relief at 44 C.F.R.
summarizes select risks that language barriers impose
§206.11 and 44 C.F.R. Part 7. Per these regulations, entities
during hazard response and recovery (e.g., evacuation and
receiving most forms of FEMA assistance (e.g., SLTTs and
sheltering), federal authorities addressing disaster relief for
nonprofits) may not discriminate against individuals on the
individuals with LEP, and recent policy proposals to
basis of national origin, among other grounds, when
enhance the delivery of federal relief for such individuals.
administering such relief (LEP is not explicitly mentioned).
FEMA may refuse or terminate financial assistance in cases
Language Barriers—Select Risks
of noncompliance. Additionally, neither federal personnel
Language barriers may exacerbate the effects of hazards
nor agencies may discriminate against individuals when
and hinder relief efforts in the following ways:
providing federal disaster assistance.
Individuals with LEP may not understand evacuation
In 2011, the Department of Homeland Security (DHS)
notices or instructions, raising the risk of casualty.
released guidance for agency components, including FEMA
(“2011 DHS Notice”; 76 Federal Register 21755). The
Individuals with LEP may not understand emergency
guidance (1) details federal assistance recipients’
relief providers, impeding access to emergency medical
responsibilities to ensure access to individuals with LEP
care, sheltering assistance, and key relief commodities.
and (2) explains how DHS evaluates compliance.
Individuals with LEP may not be able to access federal
Federal Communications Commission (FCC)
aid applications, written guidance, and oral instructions,
State and local agencies can send emergency alerts through
deterring or delaying their requests for relief or yielding
FEMA’s Integrated Public Alert and Warning System
insufficient awards. (FEMA does report that it can
(IPAWS), which distributes alerts via radio, television, cell
provide some assistance in English and Spanish, and
phones, and other means. FEMA coordinates with the
contracts for assistance in additional 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
information, and (3) develop and maintain a database on
for Persons with Limited English Proficiency, which
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FEMA Assistance: Limited English Proficiency and Equity
requires federal agencies to examine the services they
Implementation Gaps and FEMA Capacity
provide and develop and implement a system to provide
FEMA’s bilingual workforce has sometimes fallen short of
individuals with LEP “meaningful access” to agency
demand in post-disaster areas. For example, FEMA was
services. The E.O. builds on the prohibitions on
found to have insufficient Spanish-speaking staff to serve
discrimination due to national origin in Title VI of the Civil
local residents in Puerto Rico following Hurricane María
Rights Act of 1964, as amended. E.O. 13166 directs all
(GAO-18-472). Such shortfalls may be particularly
agencies providing federal financial assistance to prepare a
common when concurrent disasters require limited FEMA
Language Access Plan (LAP) to improve access to
personnel to deploy to multiple regions. FEMA may require
programs by eligible individuals with LEP. The E.O.
additional appropriations to support more bilingual
further directs the Department of Justice (DOJ) to oversee
permanent staff, short-term reservists, or translators.
agency compliance and consistency in implementation.
Recent Policy Recommendations
Through DOJ guidance, agencies and recipients of federal
Federal Hiring for Language Competency
financial assistance must assess “meaningful access” to
The 2022 inaugural report of President Joseph R. Biden’s
their programs and activities through a four-factor analysis:
Advisory Commission on Asian Americans, Native
1.
Hawaiians, and Pacific Islanders (the Commission) called
The number or proportion of individuals
upon the Office of Personnel Management to provide
with LEP served or encountered in the
guidance on hiring bilingual staff, interpreters, and
service population;
translators to federal agencies that directly provide federal
2. The frequency of contact with individuals
disaster assistance. Other experts also recommended hiring
with LEP;
local residents that share survivors’ cultures and languages.
3. The nature and importance of the
program; and
New Requirements for Federal Grantees
4. The agency’s available resources.
The Commission’s report also called upon FEMA to revise
DOJ explains, “Applying the four factors, for example, a
requirements for SLTTs receiving federal assistance.
Specifically, the Commission recommended that FEMA
small police department with limited resources
require such entities to identify LEP communities and detail
encountering very few LEP people has far fewer language
how they will ensure meaningful access to federal relief in
assistance responsibilities than larger departments with
those communities. Currently, DHS recommends similar
more resources and large populations of LEP individuals.”
actions to establish compliance with federal civil rights
(66 Federal Register 3834).
requirements (see 2011 DHS Notice). The Commission
FEMA Policy and Guidance
suggested incorporating requirements into grant terms,
scoring methods, and notices of funding opportunities.
In 2016, FEMA issued a LAP (updated in 2020) to comply
with E.O. 13166. The LAP explains how FEMA conducts
Incorporate LEP Communities into Planning
“demographic assessments” to identify affected LEP
Federal and nonfederal stakeholders and experts
populations following a Stafford Act declaration. The LAP
recommend that preparedness and planning efforts include
reported that FEMA releases some relevant information to
individuals with LEP (and representative organizations) to
disaster survivors in different languages based on these
ensure sufficient consideration of their needs.
assessments, including “Civil Rights Notices” that
acknowledge the right of individuals with LEP to receive
Direct Outreach to Affected Populations
accessible communication, and notice that FEMA can
A recent coalition of groups representing disaster survivors
provide interpreter services in up to 69 languages (at certain
(e.g., Ayuda Legal Puerto Rico) recommended that FEMA
locations). Separately, FEMA’s 2020 LAP reported that the
provide assistance notices and application guidance through
agency publishes a range of flyers, press releases, and
door-to-door campaigns to affected, hard-to-reach
information online in 21 different languages. FEMA’s LAP
populations, particularly individuals with LEP, among
also identifies a number of evaluation tools that the agency
others. FEMA supported similar outreach efforts during the
uses to assess federal measures to ensure and enhance
COVID-19 pandemic and Hurricane Ian.
language accessibility. Consistent with stakeholder and
expert recommendations, FEMA planning guidance for
Data on Language Outreach
SLTTs also recommends that emergency operations
FEMA’s National Advisory Council (an advisory body of
planning efforts involve individuals with LEP.
representatives from SLTT governments, emergency
Select Policy Issues
management professionals and experts, and populations
with special needs) proposed that FEMA track the
Establishing Trust Across Language Barriers
languages used to reach survivors as part of an effort to
assess the equitability of different agency programs.
Language barriers may undermine trust between disaster
survivors and emergency responders, jeopardizing
evacuation and relief efforts. For example, some
Erica A. Lee, Analyst in Emergency Management and
immigrants with LEP may avoid government officials due
Disaster Recovery
to fears of immigration surveillance and enforcement.
Meghan M. Stuessy, Analyst in Government Organization
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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