Tools To Ensure Implementation & Understanding Of EO 13166


 
 

                                                                                                           Nov 12, 2002
 

MEMORANDUM

TO:               HEADS OF FEDERAL AGENCIES, GENERAL COUNSELS,
                     AND CIVIL RIGHTS DIRECTORS

FROM:          Ralph F. Boyd, Jr.     /s/
                     Assistant Attorney General

SUBJECT:    Tools to Ensure Implementation and Understanding of
                     Executive Order 13166 (Improving Access to Services
                     for Persons with Limited English Proficiency)

        I am writing to ask for your continued assistance in
implementing Executive Order 13166 to ensure meaningful access
for limited English proficient (LEP) individuals to federal and
federally funded benefits and services. To assist you in this
process, I am pleased to enclose three new tools that are
available as a result of the work of our Federal LEP Interagency
Working Group: (1) Brochure for Federal Agencies and Recipients;
(2) Brochure for Beneficiaries of Federally Assisted Programs;
and (3) Self-Assessment Tool for Recipients of Federal Financial
Assistance. Each of these tools is explained in Part I of this
memorandum and also is available on our LEP interagency website,
www.lep.gov. The Outreach, Training, and Uniform Standards
Subcommittee of the LEP Interagency Working Group developed
these instruments to assist in the implementation of Executive
Order 13166 and Title VI of the Civil Rights Act of 1964.

          In Part II of this memorandum, I am asking all federal
agencies to draft or review and update their Federal Agency LEP
Implementation Plans for their own federally conducted programs,
and provide the Civil Rights Division with copies of those Plans
as required by Executive Order 13166.

  I.    Tools

                1.   Brochure for Federal Agencies and Recipients
                      (Applies to all 95 federal agencies)

 The first brochure, entitled "Affirming LEP Access &
Compliance in Federal and Federally Assisted Programs," is
intended to be used as an outreach tool by both the federal
government and federally funded entities. As you will see, the
front cover of the brochure provides a space where federal
agencies may place their own logo sticker or other agency
identification. The inside portion of the brochure provides
general information on Executive Order 13166, the elements of
the four-factor analysis for assessing meaningful access for LEP
individuals to federal and federally assisted programs, and a
brief overview of an effective LEP policy. The back covers of
the brochure list the mission statement of the LEP Interagency
Working Group and the contact information for the Department of
Justice, including the Department's Title VI hotline. Agencies
should substitute their own agency-specific contact information
in place of the Department of Justice information on the back
panel, and then make copies and distribute the brochure as
appropriate.

                2.   Brochure for Beneficiaries of Federally Assisted
                   Programs (Applies to 30 federal funding agencies)

The second brochure, entitled "Know Your Rights," is
targeted for LEP beneficiaries of federally assisted programs.
Every effort was made to make the brochure as concise, simple,
and reader-friendly as possible to ensure that it would be easy
to understand and translate into various languages. As you will
see, the inside middle column of the brochure lists several
examples of what could constitute national origin discrimination
based on LEP status. The inside right column gives each federal
funding agency the option of providing its own agency-specific
examples of situations that may raise issues of LEP-related
national origin discrimination. If an agency opts not to do so,
this column can be filled in with the agency's contact
information. Federal funding agencies should make copies of the
brochure and distribute to their recipients as appropriate.

                  3.    Self-Assessment Tool for Recipients of Federal
                         Financial Assistance (Specifically applies to 30
                         federal funding agencies but also useful for all
                         federal agencies in preparing their Federal Agency
                         LEP Implementation Plans) 

         The third tool developed by the LEP Interagency Working
Group is the "Language Assistance Self-Assessment and Planning
Tool for Recipients of Federal Financial Assistance." This
document is intended to assist organizations that receive federal
financial assistance in their strategic planning efforts to
ensure that program goals and objectives address meaningful
access for all of the people they serve or encounter, including
LEP individuals. This tool will assist recipients in assessing
their current other-than-English language services capabilities
and planning for the provision of language assistance to LEP
individuals they serve or encounter. 

        This document also provides a framework for the development
of a Language Assistance Plan in light of general Title VI
requirements. The program and grants offices of federal funding
agencies should inform recipients of this document and advise
them to use it as a framework for ensuring compliance with
Title VI and implementation of the Executive Order. The
Outreach, Training, and Uniform Standards Subcommittee of the
LEP Interagency Working Group is available to offer technical
assistance on the document to federal agencies. Although this
tool was developed for recipients, federal agencies also should
consider using it to assess and evaluate their own programs as
they develop their Federal Agency LEP Implementation Plans
discussed below.

                                      *          *           * 

         I urge each agency to use these three important tools
developed by the LEP Interagency Working Group. The members
of the Outreach, Training, and Uniform Standards Subcommittee are
to be commended for their efforts in developing the tools and
resources described above. Membership in the LEP Interagency
Working Group, and its subcommittees, is not merely an
extracurricular activity. The significant contributions of
these groups help advance our combined mission to realize the
goals of the Executive Order and Title VI. I urge every agency
to actively participate in the LEP Interagency Working Group,
if you do not already do so.

          II.  Federal Agency LEP Implementation Plans
               (Applies to all 95 federal agencies)

         In furtherance of full implementation of Executive
Order 13166, I am asking that each federal agency review the
June 18, 2002 Department of Justice LEP Recipient Guidance
Document (available at www.lep.gov), and use it as a guide for
drafting or updating Federal Agency LEP Implementation Plans
applicable to each agency's federally conducted programs.  Many
existing Federal Agency LEP Implementation Plans can be viewed
at www.lep.gov(click on "Federal Agencies" and then "Federal
Agency LEP Implementation Plans for Federally Conducted
Programs"), although most of those are almost two years old and
need updating. I am requesting that all federal agencies submit
to the Department the name, address, telephone number, and email
address of the agency official(s) responsible for revising or
drafting the agency's LEP Implementation Plan, as well as the
estimated date for filing the Implementation Plan with the
Department. This information should be submitted to Merrily
Friedlander, Chief, Coordination and Review Section (COR), at
Merrily.A.Friedlander@usdoj.gov no later than November 22, 2002.
In addition, as required by Executive Order 13166, each federal
agency must send a copy of its Federal Agency LEP Implementation
Plan to the Department (through COR in email or paper format).
I also urge each agency to place a copy of its Federal Agency LEP
Implementation Plan on its agency website and to provide COR with
the agency web address so that COR can provide a web link to the
agency Implementation Plan on www.lep.gov. I encourage agencies
to link their relevant LEP-related materials to this website.

      Once again, I thank you for your support of the efforts
of the LEP Interagency Working Group, and I encourage active
participation by all federal agencies in the Working Group.
I look forward to your continued joint efforts in this important
endeavor.

Enclosures > >

Updated August 6, 2015