City of Tacoma Comprehensive Emergency Management Plan
7/21/2020 Page | 15
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2.2.2.1. State and local governments carrying out emergency response and providing disaster
assistance shall comply with all applicable non-discrimination provisions contained in RCW 49.60,
Discrimination - Human Rights Commission, as well as in Public Law 110-325, Americans with
Disabilities Act (ADA) of 1990 as amended with ADA Amendments Act of 2008.
2.2.2.2. Recipients of any federal funds must acknowledge and agree to comply with applicable
provisions of federal civil rights laws and policies prohibiting discrimination, including, but not
limited to: Title VI of the Civil Rights Act of 1964, which prohibits recipients from discriminating
on the basis of race, color, or national origin. Recipients of federal financial assistance must also
take reasonable steps to provide meaningful access for persons with Limited English Proficiency
(LEP) to their programs and services.
• Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation
1
. Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000),
requires federal agencies issue guidance to grant recipients, assisting such organizations
and entities in understanding their language access obligations. The Department of
Homeland Security (DHS) published the required grant recipient guidance in April 2011,
DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed.
Reg. 21755-21768, (April 18, 2011). The guidance provides helpful information such as how
a grant recipient can determine the extent of its obligation to provide language services,
selecting language services, and elements of an effective plan on language assistance for
LEP persons.
2.2.3. The term Access and Functional Needs (AFN) has replaced “special needs,” “vulnerable,” “high-risk,”
and similar terms. People with access or functional needs are those who may have additional needs
before, during or after an incident in functional areas including, but not limited to: maintaining health,
independence, communication, transportation, support, services, self-determination, and medical
care. Individuals in need of additional response assistance may include people who have disabilities,
who live in institutionalized settings or independently, who are older adults, who are children, who are
from diverse cultures, who have limited English proficiency or who are non-English speaking, or who
are transportation disadvantaged (National Preparedness Goal).
2.2.3.1. Additionally, the City of Tacoma has adopted the acronym C-MIST
2
to better identify the
needs of the population. C-MIST is a definition for access and functional needs that has moved
away from defining functional needs in medical terms and towards a definition that more
accurately addresses medical and non-medical functional needs in the most integrated setting
appropriate. The City will attempt to make every reasonable effort to utilize the C-MIST
framework to identify individuals’ needs before, during, and after an incident to assist in
maintaining their health, safety, and independence. Individuals may have additional
requirements in one or more of the following functional areas: Communication, Maintaining
Health, Independence, Safety Support Services and Self Determination, and Transportation (C-
MIST).
2.2.4. The Pets Evacuation and Transportation Standards (PETS) Act amends the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to ensure state and local emergency preparedness operational
1
The City of Tacoma is in various stages of development related to LEP services required by Title 38.52 RCW, as amended by SSB
5046.
2
Originally developed by June Isakson Kailes, adopted by FEMA Region X in 2015 for “Region X Disability Integration.”