Updated March 6, 2023
FEMA Assistance: Limited English Proficiency and Equity
Individuals with Limited English Proficiency (LEP) often
FEMA Regulations and Agency Notices
encounter disproportionate risk during hazards as well as
FEMA issued regulations implementing statutory civil
barriers to federal relief. Statute requires the Federal
rights obligations for federal disaster relief at 44 C.F.R.
Emergency Management Agency (FEMA; the lead agency
§206.11 and 44 C.F.R. Part 7. Per these regulations, entities
for domestic emergency management) to ensure that
receiving most forms of FEMA assistance (e.g., SLTTs and
disaster relief reaches individuals with LEP. This In Focus
nonprofits) may not discriminate against individuals on the
summarizes select risks that language barriers impose
basis of national origin, among other grounds, when
during hazard response and recovery (e.g., evacuation and
administering such relief (LEP is not explicitly mentioned).
sheltering), federal authorities addressing disaster relief for
FEMA may refuse or terminate financial assistance in cases
individuals with LEP, and recent policy proposals to
of noncompliance. Additionally, neither federal personnel
enhance the delivery of federal relief for such individuals.
nor agencies may discriminate against individuals when
providing federal disaster assistance.
Language Barriers—Select Risks
Language barriers may exacerbate the effects of hazards
In 2011, the Department of Homeland Security (DHS)
and hinder relief efforts in the following ways:
released guidance for agency components, including FEMA
(“2011 DHS Notice”; 76 Federal Register 21755). The
Individuals with LEP may not understand evacuation
guidance (1) details federal assistance recipients’
notices or instructions, raising the risk of casualty.
responsibilities to ensure access to individuals with LEP
Individuals with LEP may not understand emergency
and (2) explains how DHS evaluates compliance.
relief providers, impeding access to emergency medical
care, sheltering assistance, and key relief commodities.
Federal Communications Commission (FCC)
Individuals with LEP may not understand federal aid
State and local agencies can send emergency alerts through
applications, written guidance, and oral instructions,
FEMA’s Integrated Public Alert and Warning System
deterring or delaying their requests for relief or yielding
(IPAWS), which distributes alerts via radio, television, cell
insufficient awards. (FEMA reports that it can provide
phones, and other means. FEMA coordinates with the
some assistance in English and Spanish, and contracts
Federal Communications Commission (FCC), which
for assistance in additional languages, though some
regulates commercial broadcast and mobile service
translations may be inaccurate or unintelligible.
providers. The FCC has adopted rules for the Emergency
Officials with LEP in state, local, tribal, and territorial
Alert System (EAS), which delivers alerts via television
governments (SLTTs) and nonprofits may not
and radio (47 C.F.R. Part 11), and the Wireless Emergency
understand relief instructions and procedures, inhibiting
Alerts (WEA) system, used by mobile service providers to
the delivery of critical assistance.
send alerts to cell phones (47 C.F.R. Part 10). FCC
mandates that EAS broadcasters providing foreign language
Key Authorities
programming should transmit EAS announcements in the
primary language of the EAS participant (47 C.F.R.
Relevant Statutes
§11.55(c)(4)). The FCC also requires EAS participants to
Title VI of the Civil Rights Act of 1964 requires recipients
report actions taken or planned to reach non-English
of federal assistance to ensure that persons with LEP have
speaking audiences to help states acquire information on
meaningful access to such assistance. Additionally, Section
how best to disseminate multilingual alerts (47 C.F.R.
308 of the Robert T. Stafford Disaster Relief and
§11.55(d)). The FCC adopted WEA rules (47 C.F.R.
Emergency Assistance Act (the Stafford Act, P.L. 93-288,
§10.480) requiring wireless service providers to transmit
as amended) requires the issuance of regulations ensuring
WEA alerts issued in Spanish or that contain Spanish-
the provision of disaster relief without discrimination,
language characters, to cell phone users who specify
including based on English proficiency.
Spanish as their preferred language. Some stakeholders
have urged the FCC to expand and improve multilingual
In 2006, the Post-Katrina Emergency Management Reform
alerting capabilities for both EAS and WEA.
Act (PKEMRA, P.L. 109-295) amended the Stafford Act. It
required the FEMA Administrator to (1) work with SLTTs
Executive Orders
to identify LEP populations and ensure that they are
On August 11, 2000, President Clinton signed Executive
incorporated into the disaster planning process; (2) ensure
Order (E.O.) 13166, Improving Access to English Services
that such populations could access disaster relief
for Persons with Limited English Proficiency, which
information, and (3) develop and maintain a database on
requires federal agencies to examine the services they
successful language assistance programs that could be
provide and develop and implement a system to provide
provided to SLTTs during an incident (42 U.S.C. §5196f).
individuals with LEP “meaningful access” to agency
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FEMA Assistance: Limited English Proficiency and Equity
services. The E.O. builds on the prohibitions on
Puerto Rico following Hurricane María (GAO-18-472).
discrimination due to national origin in Title VI of the Civil
Such shortfalls may be particularly common when
Rights Act of 1964, as amended. E.O. 13166 directs all
concurrent disasters require limited FEMA personnel to
agencies providing federal financial assistance to prepare a
deploy to multiple regions. FEMA may require additional
Language Access Plan (LAP) to improve access to
appropriations to support more bilingual permanent staff,
programs by eligible individuals with LEP. The E.O.
short-term reservists, or translators, though some contracted
further directs the Department of Justice (DOJ) to oversee
translations have been notably inaccurate.
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
Implementation Gaps and FEMA Capacity
Elizabeth M. Webster, Analyst in Emergency
FEMA’s bilingual workforce has sometimes fallen short of
Management and Disaster Recovery
demand in post-disaster areas. For example, FEMA did not
Jill C. Gallagher, Analyst Telecommunications Policy
have sufficient Spanish-speaking staff to serve survivors in
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FEMA Assistance: Limited English Proficiency and Equity
IF12263
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https://crsreports.congress.gov | IF12263 · VERSION 4 · UPDATED