Sec. 312. Language access requirements and resources
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Chapter 2 of title I of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by inserting after section 129H the following: Not later than 90 days after the date of the enactment of this section, the Director of the Bureau of Consumer Financial Protection shall, after consulting with the Secretary of Agriculture, the Director of the Federal Housing Finance Agency, the Secretary of Veterans Affairs, and the Commissioner of the Federal Housing Authority, issue a rule establishing a standard language preference form that includes a standard language preference question asked in each of the 8 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director of the Bureau using information published by the Director of the Bureau of the Census.
Each creditor shall include, as part of the application package used in connection with a residential mortgage loan, the standard language preference form established by the Director of the Bureau under subsection (a). Each creditor may include with such standard language preference form a disclosure stating that— documents and services may not be available in the preferred language indicated by the consumer on the standard language preference form; and the English version of any document to which such form applies is the official and operative document and the translated version is for informational purposes only.
If a creditor receives information about a language preference of a consumer through the standard language preference form from another creditor or a servicer or a borrower, such creditor shall document this language preference in each file and electronic file of information associated with such consumer and shall transfer such information and the standard language preference form to any servicer of the loan. If a Federal agency or a State or local agency in the State or locality in which the residential property is located has produced a translation of a document used in association with the origination of a residential mortgage loan in the preferred language of a consumer documented by a creditor pursuant to paragraph (1)(C), such creditor shall— provide such translated document in addition to any English version of such document that is provided to such consumer who indicated such preferred language; and include in the English and translated versions— a notice indicating that the English version of such document is the official and operative document and the translated version is for informational purposes only; the website established under paragraph (6); and a notice of any available oral interpretation services described in paragraph (3).
If a creditor receives information about a language preference of a consumer through the standard language preference form from another creditor or a servicer or a borrower, such creditor shall provide oral interpretation to such consumer. If a creditor is required under subparagraph
(A)to provide oral interpretation to a consumer, such creditor— shall ensure qualified oral interpretation services, as defined by the Director of the Bureau, are made available in the preferred language of the borrower for all oral communications between the creditor and the borrower; and may provide such services through qualified staff of the creditor or a third party. If a creditor is required under subparagraph
(A)to provide oral interpretation services to a consumer, and if such consumer has indicated a preference for American Sign Language, such creditor shall ensure qualified American Sign Language interpretation services, as defined by the Director of the Bureau, are made available to the consumer for all oral communications between such creditor and the consumer, where such American Sign Language interpretation services may be provided by qualified staff of the creditor or a qualified third party. If a creditor receives information about a language preference of a consumer through the standard language preference form from another creditor or a servicer or a borrower, such creditor shall not later than 30 business days after receiving such information and not less than 14 days before any closing, notify such consumer in writing, in the preferred language of the consumer, of any language services available, including the services described in paragraphs
(2)and (3). If a creditor transfers the servicing associated with a residential mortgage loan, such creditor shall notify the transferee servicer at the time of transfer of any known language preference of the consumer associated with such residential mortgage loan. Each creditor shall publish on the website of the creditor— links to and explanatory information about the websites maintained by the Secretary of Housing and Urban Development and the Director of the Bureau of Consumer Financial Protection that identify housing counselors approved by the Department of Housing and Urban Development; and a link to and explanatory information about the language resources website established by the Director of the Bureau of Consumer Financial Protection, the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Secretary of Agriculture, and the Secretary of Veterans Affairs under section 312(f) of the Financial Services Racial Equity, Inclusion, and Economic Justice Act. With respect to each document published by the Federal Housing Finance Agency, the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, the Department of Veterans Affairs, and the Department of Agriculture and used in association with a residential mortgage loan, including origination and servicing documents, the Director of the Bureau of Consumer Financial Protection and the Director of the Federal Housing Finance Agency shall jointly— not later than 180 days after the date of the enactment of this section, publish versions of such documents translated into each of the 8 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director of the Bureau of Consumer Financial Protection using information published by the Director of the Bureau of the Census; and not later than 3 years after the date of the enactment of this section, publish versions of such documents translated into at least 4 additional languages spoken by individuals with limited English proficiency that are regionally prevalent in the United States, as determined by the Director of the Bureau of Consumer Financial Protection using information published by the Director of the Bureau of the Census. The Director of the Bureau of Consumer Financial Protection shall, not later than 1 year after the date of the enactment of this section, issue regulations to implement this section that shall take effect not later than 18 months after the date of the enactment of this section. . Section 6 of the Real Estate Settlement Procedures Act of 1974 is amended by adding at the end the following: Each servicer shall include the standard language preference form established by the Director of the Bureau under subsection
(a)with— any notice required under section 1024.39(b) of title 12, Code of Federal Regulations; any notice required under section 5(c); any notice required under section 1024.41(b)(2) of title 12, Code of Federal Regulations; any notice required under section 1024.41(c)(2)(iii) of title 12, Code of Federal Regulations; and any other additional notice as the Director of the Bureau of Consumer Financial Protection determines necessary. A servicer may include with the standard language preference form a disclosure stating that documents and services may not be available in the preferred language of the borrower indicated by the consumer on the standard language preference form. If a servicer receives information about a language preference of a borrower through the standard language preference form from another servicer or creditor or from the borrower, such servicer shall document this language preference in each file or electronic file of information associated with such borrower. If a Federal agency, or a State or local agency in the State or locality in which the property securing the federally related mortgage loan is to be located has produced a translation of a document used in association with the servicing of a federally related mortgage loan in the preferred language of a borrower as documented by the servicer pursuant to paragraph (1)(C), the servicer shall— provide such translated document in addition to any English version of such document that is provided to such borrower; and include a notice on the English and translated versions, in the preferred language of the borrower, indicating that the English version is the official and operative document and the translated version is for informational purposes only. If a servicer receives information about a language preference of a borrower through the standard language preference form from another creditor or a servicer or from the borrower, such servicer shall provide oral interpretation to such borrower. If a servicer is required under subparagraph
(A)to provide oral interpretation services to a borrower, such servicer— shall ensure qualified oral interpretation services, as defined by the Director of the Bureau, are made available in the preferred language of the borrower for all oral communications between the servicer and the borrower; and may provide such services through qualified staff of the borrower or a qualified third party. If a servicer receives information about a language preference of a borrower through the standard language preference form from another creditor or a servicer or from the borrower, such servicer shall, not later than 30 business days after receiving such information and not less than 30 days before any foreclosure sale of the property secured by the federally related mortgage loan of the borrower, notify such borrower in writing, in the preferred language of the borrower, of any language services available, including the services required under paragraph (2). If a servicer transfers the servicing associated with a federally related mortgage loan, such servicer shall notify the transferee servicer at the time of the transfer of servicing of any known language preference of the borrower associated with such federally related mortgage loan. The term standard language preference form means the standard language preference form established by the Director of the Bureau under section 129I of the Truth in Lending Act. Each servicer shall publish on its website, in a clear and conspicuous manner— links to and information about the websites maintained by the Secretary of Housing and Urban Development and the Director of the Bureau of Consumer Financial Protection that identify housing counselors approved by the Department of Housing and Urban Development; and a link to and information about the language resources website established by the Director of the Bureau of Consumer Financial Protection, the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Secretary of Agriculture, and the Secretary of Veterans Affairs under section 312(f) of the Financial Services Racial Equity, Inclusion, and Economic Justice Act. With respect to each document published by the Federal Housing Finance Agency and the Bureau of Consumer Financial Protection, and used in association with a federally related mortgage loan, including origination and servicing documents, the Director of the Bureau of Consumer Financial Protection and the Director of the Federal Housing Finance Agency shall, jointly— not later than 180 days after the date of the enactment of this section, publish versions of such documents translated into each of the 8 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director of the Bureau of Consumer Financial Protection using information published by the Director of the Bureau of the Census; and not later than 3 years after the date of the enactment of this section, publish versions of such documents translated into at least 4 additional languages spoken by individuals with limited English proficiency that are regionally prevalent in the United States, as determined by the Director of the Bureau of Consumer Financial Protection using information published by the Director of the Bureau of the Census. The Director of the Bureau of Consumer Financial Protection shall issue regulations to implement this subsection. A final rule shall be issued by the Director not later than 12 months after the date of enactment of this subsection, and the effective date shall be not later than 18 months after the date of enactment of this subsection. . The table of sections in chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq) is amended by inserting after the item relating to section 129H the following: 129I. Preferred language requirements. . Not later than 1 year after the date of the enactment of this section, and each year thereafter, the Director of the Bureau of Consumer Financial Protection, the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall submit a report to the Congress that contains— regulatory recommendations to enhance mortgage origination and servicing processes for persons with a preferred language that is not English; a description of any legislative changes needed to provide authority necessary to implement the regulatory recommendations; and a description of any progress on the implementation of any legislative or regulatory recommendation made in a previous report. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall study and report to Congress on the effects of the implementation of this section and the amendments made by this section on insured depository institutions with less than $10,000,000,000 in total assets, and the communities they serve, along with any regulatory or legislative recommendations to advance the purposes of this section. The Director of the Bureau of Consumer Financial Protection, the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall jointly not later than 1 year after the date of the enactment of this section establish and maintain a website that provides language resources for creditors, servicers, and consumers. The website developed pursuant to paragraph
(1)shall include— the translations of documents published pursuant to section 129I(c) of the Truth in Lending Act and section 6(n)(7) of the Real Estate Settlement Procedures Act of 1974; a glossary of terms relating to residential mortgage loans and federally related mortgage loans, provided in each commonly spoken language; guidance for creditors and servicers working with persons who have a preferred language that is not English; and examples of notices that may be used by creditors and servicers to inform persons of available language services, provided in accordance with section 6(n)(2) of the Real Estate Settlement Procedures Act of 1974 and section 129I of the Truth in Lending Act. The Director of the Bureau of Consumer Financial Protection shall establish an advisory group consisting of stakeholders, including industry groups, consumer groups, civil rights groups, and groups that have experience improving language access in housing finance transactions, to provide advice to the Director about— issues that arise relating to mortgage origination and servicing processes for persons with a preferred language that is not English; the development of the standard language preference form by the Director under section 129I(a) of the Truth in Lending Act; and updates to the language resource website established by the Director, the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Secretary of Agriculture, and the Secretary of Veterans Affairs under subsection (f). The Director of the Bureau of Consumer Financial Protection shall consult with the advisory group established pursuant to paragraph
(1)with respect to any issues that arise relating to mortgage origination and servicing processes for persons with a preferred language that is not English. Not later than 1 year after the date of the enactment of this section— the Secretary shall update the website maintained by the Secretary that identifies housing counselors approved by the Department of Housing and Urban Development, to allow for searching for housing counseling agencies based on provided language services; and the Director shall update the website maintained by the Director that identifies housing counselors approved by the Secretary to allow for searching for housing counseling agencies based on provided language services. There is authorized to be appropriated to the Secretary of Housing and Urban Development, such sums as are necessary to support language training for housing counselors, housing counseling agencies, and staff that are approved by the Secretary. In this section: The term creditor has the meaning given the term in section 103 of the Truth in Lending Act and shall include any assignee of a creditor. The term Director means the Director of the Bureau of Consumer Financial Protection. The term Secretary means the Secretary of Housing and Urban Development. The term servicer has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974. The term residential mortgage loan has the meaning given the term in section 103 of the Truth in Lending Act. The term federally related mortgage loan has the meaning given the term in section 3 of the Real Estate Settlement Procedures Act of 1974.
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Sec. 312
Language access requirements and resources
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