In March 2021, an Executive Order was signed which requires recipients of Department of Homeland Security funding to comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. 

The National Emergency Management Association or NEMA is a nonpartisan, nonprofit 501(c)(3) association of and for emergency management directors from all 50 states, eight U.S. territories, and the District of Columbia.

NEMA administers the Emergency Management Assistance Compact (EMAC) on behalf of EMAC’s Members: the 50 States, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam, and the Northern Mariana Islands. EMAC is implemented through the member emergency management agencies.

NEMA’s Interactions with the Public

NEMA does not offer services directly to the public.

While NEMA does not provide direct assistance to the public, there are millions of individuals who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.

For these individuals, their LEP status presents potential barriers to understanding that NEMA does not provide services directly to the public.

Individuals needing assistance for an emergency or disaster in their community should contact their state or territory emergency management agency or the Federal Emergency Management Agency (FEMA).

For individuals who are employed by the state or territory emergency management agencies, NEMA does comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. As such, a statement to this effect is included in documents created by NEMA where federal funding was utilized in the development of the document.

The statement shall be as follows: 

NEMA complies with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. It is NEMA’s policy to provide timely meaningful access for LEP persons. Should you need a translation of this document, please contact NEMA to request translation services.

 

Purpose of the Language Access Plan

NEMA’s language access plan is first and foremost focused on informing the public that NEMA does not offer services to the public.

Individuals needing assistance for an emergency or disaster in their community should contact their state or territory emergency management agency or the Federal Emergency Management Agency (FEMA).

Further, NEMA wishes to take reasonable steps to ensure persons within state, district, or territorial emergency management agencies with limited English proficiency gain meaningful access to NEMA’s services, programs, and activities.

 

NEMA’s Target Populations

As NEMA’s services are provided to the state, territory, and district emergency management agencies, NEMA has identified the top three (3) most commonly non-English languages spoken by NEMA’s membership (the States, District of Columbia, and the Territories) as follows:

• Spanish
• French
• Chamorro

Guidelines in Providing Meaningful Access to LEP Persons

NEMA will look at the totality of circumstances, including the following four factors, in determining whether to provide language services to LEP persons:

1. The number or proportion of LEP persons served in the eligible service population.
2. The frequency with which LEP persons come in contact with NEMA’s services.
3. The nature and importance of the services, programs, or activities that NEMA provides.
4. The resources NEMA has, or the costs involved. 

 

Procedures for Providing Oral Language (Interpretation) Services

While NEMA does not offer services to the public, NEMA shall provide oral interpretation services to LEP for NEMA and EMAC’s membership upon request in accordance with the Guidelines in Providing Meaningful Access to LEP Persons.

NEMA does not have public contact places for the public or NEMA’s membership and therefore shall not post multilingual signage in public contact places asking LEP customers to identify the language they need.

NEMA will utilize a third-party service to provide on-demand interpretation services telephonically and through virtual meetings (Zoom) in accordance with the Guidelines in Providing Meaningful Access to LEP Persons.

Specifically, the following steps shall be taken in providing interpretation services to LEP customers from state emergency management agencies upon request:

1. NEMA shall receive a request for interpretation services.
2. NEMA shall review the request for interpretation services alongside the number or proportion of LEP persons served in the eligible service population.
3. NEMA shall review the request for interpretation services alongside the frequency with which LEP persons come in contact with NEMA’s services with regard to the specific request for interpretation.
4. NEMA shall review the nature and importance of the request based upon the services, programs, or activities that NEMA provides.
5. NEMA shall review the resources NEMA has, or the costs involved.

Should a request for oral interpretation complete Steps 1-5, and funding is available, NEMA shall utilize on demand third-party oral interpretation services for oral interpretation.

Procedures for Providing Written Translations of Vital Documents to LEP Groups

NEMA shall periodically review documents developed for and distributed to state emergency management agencies to determine if they are considered “Vital Documents”.

Documents that are deemed “Vital Documents” will have the following notice posted in the document:

If you have difficulty understanding English, you may request translation services for this high value document. These services are free of charge. For more information about interpreters or other language services feel free to contact NEMA at nema_nondiscrimination@csg.org or 859-244-8162.

Should a request for translation of a Vital Document be requested from a state, district of territorial emergency management agency, NEMA will evaluate the request based on the five-factor test: 

1. NEMA shall receive a request for interpretation services.
2. NEMA shall review the request for interpretation services alongside the number or proportion of LEP persons served in the eligible service population.
3. NEMA shall review the request for interpretation services alongside the frequency with which LEP persons come in contact with NEMA’s services with regard to the specific request for interpretation.
4. NEMA shall review the nature and importance of the request based upon the services, programs, or activities that NEMA provides.
5. NEMA shall review the resources NEMA has, or the costs involved.

Should a request for the transcription of a Vital Document complete Steps 1-5, and funding is available, NEMA shall utilize third-party transcription services for the Vital Document.

Training Plan

To ensure NEMA’s LEP language assistance policy is followed, NEMA disseminates the policy to all NEMA staff likely to have contact with LEP persons, and periodically reviews the steps to provide meaningful access to LEP persons.

Outreach to LEP Communities of State, District and Territorial Emergency Management Agencies Plan
NEMA shall maintain a list of translated documents on the EMAC website and notify state, district, and territorial emergency management agencies of the availability of translated documents as they are available.

NEMA shall maintain the NEMA Language Access Policy and the Complaint Form on NEMA’s website at https://www.nemaweb.org.

Monitoring and Performance Measures Plan

NEMA will, on an on-going basis, review all requests for oral interpretation or transcription services and factor the baseline costs of said services into future budgets of funds received through the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), as appropriate.

Further, NEMA will assess changes in demographics of NEMA’s membership, types of services, or other needs that may require reevaluation of this policy and its procedures to serve NEMA’s target populations.

NEMA will regularly assess the efficacy of these procedures, including but not limited to mechanisms for securing interpreter services, equipment used for the delivery of language assistance, complaints filed by LEP persons, feedback from NEMA’s membership and the public.

Online Language Access Complaint Form

If a state emergency management agency staff member feels they are not being provided language access services from NEMA for vital documents and services, or they have been denied adequate translation assistance, please fill out the following form.

For additional questions or information, please email nema_nondiscrimination@csg.org