Read the full stored bill text
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Councilmember Brianne K. Nadeau
A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the Language Access Act of 2004 to include enforcement and relief provisions for 1
violations of the act; to authorize the Office of Human Rights to adopt rules and 2
regulations to implement the provisions of this act. 3
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 5
act may be cited as the “Office of Human Rights Rulemaking Authority Amendment Act of 6
2026”. 7
Sec. 2. The Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; 8
D.C. Official Code § 2-1931 et seq.) is amended as follows: 9
(a) Section 6 (D.C. Official Code § 2-1935) is amended by adding new subsections (d) 10
through (i), to read as follows: 11
“(d) A covered entity shall be strictly liable for failure to comply with the requirements of 12
this act. 13
“(e) To establish a violation, the complainant need only demonstrate that: 14
"(1) They were entitled to language access services under this act; and 15
"(2) Such services were not provided in the manner or timeframe required by this 16
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act. 17
"(f) Proof of intent, discrimination, or animus shall not be required to establish non- 18
compliance. 19
“(g) Lack of funding, staffing limitations, or administrative burden shall not constitute a 20
defense to liability.”. 21
“(h) Upon a finding of non-compliance, the Director of Language Access shall order 22
remedies sufficient to place the complainant in the position they would have been in but for the 23
denial of required language access. Such remedies shall include: 24
"(1) Corrective action; and 25
"(2) Statutory damages awarded to the complainant. 26
“(i) Statutory damages awarded under this section shall be paid directly to the 27
complainant and shall not be contingent upon proof of actual damages.". 28
(b) A new section 9a is added to read as follows: 29
“Sec. 9a. Rulemaking. 30
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 31
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 32
to implement the provisions of this act.”. 33
Sec. 3. Applicability. 34
(a) Section 2(a) shall apply upon the date of inclusion of its fiscal effect in an approved 35
budget and financial plan. 36
(b) Section 2(b) shall apply as of June 19, 2004. 37
Sec. 4. Fiscal impact statement. 38
The Council adopts the fiscal impact statement in the committee report as the fiscal 39
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impact statement required by section 4a of the General Legislative Procedures Act of 1975, 40
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 41
Sec. 5. Effective date. 42
This act shall take effect after approval by the Mayor (or in the event of veto by the 43
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 44
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 45
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 46
Columbia Register. 47