While the Executive Order does not prescribe specific  approaches to language access services, it does require federal agencies to  prepare plans (referred to as LEP plans) outlining the steps they will take  to ensure that eligible LEP persons can access their programs and  activities. The Executive Order required agencies to develop and implement their  LEP plans by December 11, 2000. Of our three selected agencies, only IRS has posted its completed recipient  guidance. As shown in figure 1, IRS  has addressed all the elements of an effective LEP Plan while FEMA has  addressed half the elements, and SBA has met one element. Because the  Executive Order makes agencies responsible for determining their need to  complete recipient guidance and an LEP plan, we could not determine  which agencies still needed to complete either the recipient guidance or  the LEP plan; if an agency decides it is not required to complete a recipient  guidance or LEP plan, they do not need to report this decision to DOJ. By increasing  the transparency of these LEP plans, agencies could obtain additional  feedback from stakeholders on potential improvements to their efforts for  serving LEP persons. Building on its past and current efforts, DOJ could encourage the Federal  Interagency Working Group on LEP to share additional practices and  resources for use across federal agencies, such as exploring a shared  services approach for leveraging translation and interpretation services. Additionally, in cases when an agency has determined that it is not  required to draft recipient guidance or an LEP plan, the Assistant Attorney  General should request agencies to report the results of this determination  to DOJ. Develop mechanisms to monitor and evaluate services provided to  LEP persons. Appendix I: Objectives, Scope, and Methodology

To review agencies’ progress in improving access to federal programs and  services and how specific federal agencies were meeting the Executive  Order’s requirements, we (1) determined which executive branch agencies  have completed their recipient guidance and Limited English Proficiency  (LEP) plans; (2) assessed the extent to which Internal Revenue Service  (IRS), Federal Emergency Management Agency (FEMA), and Small  Business Administration (SBA) have implemented the Executive Order  consistent with Department of Justice’s (DOJ) guidance, and (3) reviewed  DOJ’s and the selected agencies’ efforts to enhance collaboration to  improve access to federal programs and services for LEP populations, as  well as other potential collaboration opportunities. To assess how specific federal agencies have implemented the Executive  Order, this review, we considered federal agencies based on the amount  and significance of agency interaction with LEP populations, the types of  services provided, agency size, agency mission, the status of each agency’s  LEP plan and/or recipient guidance, and the diversity of LEP populations  served. To review the extent to which these three agencies implemented  Executive Order 13166 consistent with DOJ’s guidance, we reviewed and  analyzed the Executive Order, DOJ’s guidance, the agencies’ LEP plans  and recipient guidance, and agencies’ language access plans.
Why GAO Did This Study

Executive Order 13166 (August 11, 2000) directs each federal agency to improve access to federal programs and services for persons with limited English proficiency (LEP). Using guidance issued by DOJ, agencies are generally required to develop recipient guidance and/or an LEP plan outlining steps for ensuring that LEP persons can access federal services and programs. As requested, GAO (1) determined which agencies have completed their recipient guidance and LEP plan, (2) assessed the extent to which the selected agencies have implemented the Executive Order consistent with DOJ's guidance, and (3) examined DOJ's and the three selected agencies' efforts to enhance collaboration. GAO analyzed the Executive Order and agencies' recipient guidance and plans posted on LEP.gov; selected the IRS, FEMA, and SBA for this review because of the amount and significance of their interaction with LEP persons; and reviewed documentation of agencies' collaborative efforts to provide access to federal services.

What GAO Found

As of February 2010, 22 agencies have completed their recipient guidance. Additionally, DOJ has reported receiving LEP plans from 58 federal agencies. However, the total number of agencies required to complete recipient guidance and an LEP plan cannot be determined because the Executive Order makes agencies responsible for determining the need for guidance and a plan based on their interaction with LEP persons and does not require agencies to report on the results of their determination. Consequently, some agencies may determine that drafting a recipient guidance or an LEP plan is not necessary. Further, although the Executive Order requires agencies to make recipient guidance public, the same requirement does not exist for plans. DOJ's guidance contains four elements for improving access to federal programs and services by LEP persons. IRS has fully addressed each of these elements, while FEMA and SBA have made less progress, as shown in the table below. IRS has centralized its language access services within one office, overseen by an agencywide executive council. Additionally, IRS regularly identifies the LEP populations it serves, administers a variety of targeted language access services, and monitors these services for potential improvements. FEMA has demonstrated agency commitment, identified LEP populations, and delivered services during disasters, but it lacks a structured approach to monitor these services. While SBA is continuing to draft its LEP plan, the agency does not conduct a needs assessment, and provides limited monitoring of services to LEP populations. Among the three agencies GAO reviewed, FEMA collaborates with SBA and IRS to provide LEP persons a centralized location for receiving assistance during a declared disaster. Additionally, these agencies (along with 21 other federal agencies), participate in an Interagency Working Group on LEP issues. GAO identified a potential shared services approach agencies could use for translation and interpretive services.