WASHINGTON -- U.S. Rep. Ernest Istook expressed alarm Wednesday over a federal guideline that he says requires homeless shelters and other nonprofit groups to pay for translators if they want to receive certain government aid.

I think this is a very severe problem," the Oklahoma Republican warned top officials of the General Services Administration during a hearing of a House appropriations subcommittee he leads. "Are you going to rescind this?"

Istook also asked GSA officials what actions they took to inform the groups that would be affected by the new guideline.

Many, he predicted, do not know of the guideline's existence or that failing to comply with it could cost them the right to participate in certain benefit programs, such as GSA's program that sells surplus vehicles and computers to nonprofit groups across the nation.

Istook said compliance would be a burden for many groups.

His comments clearly blindsided GSA officials, who conceded that they were unprepared to respond during the hearing on the "policy guidance" that was published in the Federal Register on Jan. 17. The guideline took effect immediately, but public reaction to it was accepted by the GSA until March 20.

Istook asked GSA officials to provide him with those public comments, and they promised to supply written responses to the congressman's questions.

"We will get back to you," said Thurman M. Davis Sr., GSA's acting administrator.

Istook is expected to raise the issue again during his subcommittee hearing Thursday with the Office of Management and Budget, whose policies cast a much wider net.

He said the guidance was based on action taken in August by then-President Clinton.

According to a summary attached to the GSA's policy, it is designed to prohibit discrimination against those with limited English proficiency and assure them meaningful access to federal programs.

For example, a homeless person who does not speak English would need language assistance if he showed up at a shelter.

"This policy guidance does not create new obligations but rather clarifies existing responsibilities under Title VI of the Civil Rights Act of 1964," the summary states.

But Istook was not satisfied that the guideline would not create a new burden for those covered. For example, he read from a list of those who might be affected because they might be eligible to receive surplus property, and they ranged from states and public agencies such as park departments to Indian tribes and homeless shelters.

Istook later said he had grown more concerned after receiving e-mails on the subject.

"You are not hearing a clamor from the affected people right now because they are unaware of it," he said.

Eventually the impact could be enormous, he said. Moreover, a group seeking surplus medical equipment may not even know that they are no longer eligible until after they apply and are rejected.

"My firm belief is that they should withdraw it, but I certainly want to give them an opportunity first to justify whatever they think might need to be justified before I voice a conclusion to" the GSA, Istook said. "They are not the only agency."

In addition to the economic burden the guidance could spark, the congressman also said the Clinton order was based on court rulings that subsequently were overturned by the U.S. Supreme Court.

Jim Myers, World Washington Bureau reporter, can be reached at (202) 484-1424 or via e-mail at jim.myers@tulsaworld.com.

 
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