Sec. 404. Improving language access to services provided under the violence against women’s act of 1994 for persons with limited English proficiency
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/bill/113/hr/629/ih/section-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To improve access to programs, activities, and services for victims of violence and other individuals who, as a result of national origin, are limited in their English proficiency. To ensure that the programs, activities, and services for victims of violence that are normally provided in English are accessible to victims and other individuals with Limited English Proficiency and thus do not discriminate on the basis of national origin in violation of title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations.
To confirm that violation of language access rights for Limited English Proficient individuals is a violation of the protections against discrimination based on national origin protected by the Civil Rights Act of 1964. To restore the right of Limited English Proficient individuals to a private right of action to enforce all Title VI protection including disparate impact protections. To provide a statutory definition of limited English proficient that is consistent with the definition set forth by the DOJ LEP Guidance, 67 Fed. Reg. 41455, 41459 (June 18, 2002).
Limited English Proficient— Limited English Proficient means individuals who— who do not speak English as their primary language; and who have a limited ability to read; write; speak; or understand English. If an individual described in subsection
(A)meets any one of the requirements of subsections (B)(i), B(ii), B(iii), or B(iv) the individual is limited English proficient without regard to the fact that the individual may speak some English. Whenever there are reasonable grounds to believe that a Federal, State or local government entity has denied a person access to programs, activities, or services on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the Attorney General may intervene in such civil action. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security. In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person. In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, no civil action may be brought under subsection
(a)of this section before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended— by striking No and inserting
(a)No ; and by adding at the end the following: Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— a person aggrieved by discrimination on the basis of race, color, or national origin (referred to in this title as an aggrieved person ) demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or the aggrieved person demonstrates (consistent with the demonstration required under title VII with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. . Whenever the Attorney General has reasonable cause to believe that a Federal, State or local government entity or any employee or group of employees is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims under the Violence Against Women’s Act of 1994 or under any other State or Federal law, on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, and that the pattern or practice is of such a nature and is intended to deny access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint— signed by the Attorney General (or in the Attorney General’s absence the Acting Attorney General); setting forth facts pertaining to such pattern or practice; and requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full availability of programs, activities, and services provided under the to limited English proficient victims. In order to ensure full enforcement under this section, the provisions of this section do not limit the ability of the Attorney General to use existing authority to bring litigation and to enforce Title VI by any another other means available to him or her under the law. The district courts of the United States shall have and shall exercise jurisdiction in proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. If no three-judge panel has been requested, the handling of the case shall be expedited. It shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending to immediately designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. Language access plans required— all recipients of Federal grant funding shall provide a copy of the agency’s language access plan to the Federal agency that provided their grant no later than one year after receipt of funding; and a copy of the agency's language access plan shall be submitted as an attachment along with the first grant report due to the Federal grant maker falling after the date of the six-month anniversary of the grant award. Language access plan must address at a minimum the following: The types of language services available. How staff can obtain those services. How to respond to LEP callers. How to respond to written communications from LEP individuals. How to respond to LEP individuals who have in-person contact with recipient staff. How to ensure competency of interpreter and translation services. How staff will receive training on the requirements of the policy. How the agency provides outreach and notice of the language services available. How to respond to complaints by LEP individuals. How the plan will be monitored and updated. Whenever the Department of Justice
(DOJ)or the Department of Health and Human Services
(HHS)has reasonable cause to believe that any grant recipient is engaged in a pattern or practice of denying access to programs, activities, or services provided to victims on the basis of their limited English Proficiency and in violation of title VI of the Civil Rights Act of 1964, the DOJ or HHS shall require the grant recipient to prepare a plan demonstrating how it to improve access to its government-funded programs, activities, and services for victims with limited English Proficiency. Each plan shall include the steps the grant recipient will take to ensure that eligible limited English Proficiency persons can meaningfully access the grantee’s programs, activities, and services. If such a grantee fails to develop an acceptable plan with 120 days of the request, the DOJ or HHS may revoke that grantee’s funding. The requirement provided by subsection
(1)are in addition to the requirements set forth in 42 U.S.C. 2000d–1. All recipients and subrecipients of Federal grants shall comply with Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons and for persons without regard to their alienage status. All relief and assistance activities, including justice system assistance and immigration relief, offered to victims of domestic violence, sexual assault, dating violence, stalking, elder abuse and human trafficking shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, ethnicity, or, religion, nationality, sex, age, disability, English proficiency, alienage status, or economic status. In any civil action brought pursuant to this section, the court shall be required to provide a foreign language interpreter. The Court Interpreters Act of 1978, 28 U.S.C. 1827 is amended by adding at the end the following: Interpreters shall be provided in court proceedings brought to enforce section 404 of the Violence Against Women Act of 2011 for civil actions brought by an individual or the United States. .
Connectionstraces to 2
2 references not yet in our index
- 67 FR 41455
- 42 USC 2000d–1
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cites case law
Sec. 404
Improving language access to services provided under the violence against women’s act of 1994 for persons with limited English proficiency
Fed. Reg.67 FR 41455
Cite42 USC 2000d–1
Cites 4Cited by 0 across 0 sources