OMB Requests Information on Costs of Implementing Executive Order on Services for LEP Persons

IMMIGRANTS & PUBLIC BENEFITS

Language Access

OMB requests information on costs of implementing executive order on services for LEP persons
Immigrants' Rights Update, Vol. 15, No. 8, Dec. 20, 2001

The Office of Management and Budget (OMB) has published a request for information on the costs of implementing Executive Order 13166. Signed by former President Bill Clinton, the executive order was issued to ensure that persons with limited English proficiency (LEP) have meaningful access to federally funded programs and services. This purpose is consistent with the requirements of Title VI of the Civil Rights Act, which prohibits discrimination based on national origin. The executive order was published at 65 Fed. Reg. 50,121-22 (Aug. 16, 2000).

The executive order required federal agencies that provide federal financial assistance to develop guidance to be followed by federal funds recipients in providing meaningful access to LEP persons. The order also required the agencies to examine their own activities and develop internal plans for providing meaningful access to LEP persons (see "DOJ Issues Policy Guidance on Discrimination against Persons with Limited English Proficiency," Immigrants' Rights Update, Aug. 31, 2000. p. 12).

Critics of the executive order have claimed that its implementation will be excessively costly and have orchestrated attempts to rescind it or scale back its scope (see "Clinton Order Improving Language Access Threatened; Advocates Urge President Bush Not to Rescind or Scale Back Order," Immigrants' Rights Update, May 10, 2001, p. 12, and "Justice Dept. Confirms Validity of Clinton's Order Regarding Access to Services for Limited English Proficient Persons," Immigrants' Rights Update, Nov. 16, 2001, p. 14). Noting the profound long-term consequences of denying critical services, supporters of the order have asserted that the benefits of providing access far outweigh the costs of implementation.

The Treasury-Postal Appropriations bill for 2002 (P.L. 107-67) directs the OMB to assess the total costs and benefits of implementing the executive order and to submit a report to the House Appropriations Committee within 120 days of completing the assessment. The language requiring the OMB study was inserted at the insistence of Rep. Ernest Istook (R-OK), who has led several of the attempts to undermine or repeal the executive order. Through its request, the OMB plans to collect information that will help develop meaningful estimates to report to Congress.

The OMB request acknowledges the difficulty of quantifying the costs and benefits of the broad scope of activities required under the executive order. The OMB is therefore seeking both quantitative and qualitative information in its assessment effort. Specifically, the OMB requests information that will assist in

identifying any other information or resources that the public believes will assist the OMB in its efforts to assess the benefits and costs of implementing Executive Order 13166;
determining how best to quantify the numbers of LEP individuals and which languages they speak;
determining the number of different languages spoken by LEP individuals, and their geographic distribution;
characterizing the interactions of LEP individuals with both federal and federally funded entities (e.g., How frequently do LEP individuals interact with government at all levels? What types of government services do LEP individuals typically use? Are there types of services that LEP individuals seek more or less frequently than non-LEP individuals?);
determining the costs and benefits of improving English language proficiency among LEP individuals;
ascertaining and quantifying the level of services provided by the government or government-funded organizations to address the special needs of LEP individuals prior to Executive Order 13166, and to what extent changes will be necessary to achieve full compliance with the order and related agency guidance;
quantifying and describing the costs to the federal government or recipients of federal funds of providing oral and written translation services;
quantifying and describing the benefits to LEP individuals and society as a result of having oral and written translation services available, in accordance with Executive Order 13166; o identifying any existing studies of the costs and benefits of improving the quality of communications and interactions between LEP individuals and the federal government or federally funded services.;
identifying any existing studies of similar language or translation issues internationally (e.g., in Canada, the European Union, and the United Nations);
identifying "real world" case studies that illustrate the costs and benefits of providing translation services to LEP individuals, as envisioned by Executive Order 13166 and related agency guidance (i.e., examples from multiple perspectives, including LEP individuals and federal agencies/recipients of federal funds, and the international context);
identifying existing academic research and "real world" case studies from the the health, social services/income maintenance, education, transportation, law enforcement, and trade sectors (OMB also requests recommendations of additional sectors or perspectives it should consult); and
identifying any other information or resources that the public believes will assist the OMB in its benefit and cost assessment efforts.

It is not clear how the OMB will determine the accuracy or relative weight of the information provided. Opponents of the executive order are expected to flood the OMB with allegations regarding the excessive cost of compliance. Agencies, service providers, and advocates who understand the benefits of providing access to services, cost effective methods of doing so, and the consequences or costs of denying these services also have an opportunity to be heard. The National Immigration Law Center will work with other national organizations to coordinate and submit model comments.

Responses to the request for information must be received by Dec. 31, 2001. The OMB will issue its report to Congress by Mar. 12, 2002. Responses should be sent to Brenda Aguilar, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503.

66 Fed. Reg. 59,824 (Nov. 30, 2001).