,,ii #aahth ,,congress #b;d ,session ,s4 #dbfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbd,ms4 ,butler 7for herself1 ,ms4 ,warren1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,truth in ,lending ,act and the ,real ,estate ,settlement ,procedures ,act of #aigd to establish language access requirements for creditors and servicers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,language ,access in ,mortgage ,servicing ,act of #bjbd4 #b4 ,findings ,congress finds the following3 7#a7 ,housing is the largest portion of most household budgets in the ,united ,states and therefore a foundational component of financial access and opportunity4 7#b7 ,due in part to a legacy of discrimination in the ,united ,states1 people of color are disproportionately experiencing homelessness1 disproportionately renting1 and disproportionately paying unaffordable rents1 which acts as a barrier to homeownership4 7#c7 ,access to fair and affordable housing1 both rental and homeownership opportunities1 is critical to upward economic mobility4 ,this includes addressing language barriers in mortgage servicing to ensure borrowers have culturally sensitive1 in-language access to critical lending information1 can enter into fair and sustainable homeownership1 and preserve their home equity4 #c4 ,definitions ,in this ,act3 7#a7 ,creditor ,the term creditor-- 7,a7 has the meaning given the term in section #ajc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb72 and 7,b7 includes any assignee of a creditor4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of ,consumer ,financial ,protection4 7#c7 ,federally related mortgage loan ,the term federally related mortgage loan has the meaning given the term in section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfjb74 7#d7 ,residential mortgage loan ,the term residential mortgage loan has the meaning given the term in section #ajc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#f7 ,servicer ,the term servicer has the meaning given the term in section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i774 #d4 ,language access requirements and resources 7a7 ,in general ,chapter #b of title ,i of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq47 is amended by inserting after section #abi;,h the following3 #abi;,i4 ,language access requirements 7a7 ,standard language preference form ,not later than #ij days after the date of the enactment of this section1 the ,director of the ,bureau shall1 after consulting with the ,secretary of ,agriculture1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,veterans ,affairs1 and the ,secretary of ,housing and ,urban ,development1 by rule1 establish a standard language preference form that includes a standard language preference question asked in each of the #h languages most commonly spoken by individuals with limited ,english proficiency1 as determined by the ,director of the ,bureau using information published by the ,director of the ,bureau of the ,census4 7b7 ,designation and translation of vital documents 7#a7 ,designation 7,a7 ,in general ,not later than #ij days after the date of the enactment of this section1 the ,director of the ,bureau shall1 after consulting with the ,secretary of ,agriculture1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,veterans ,affairs1 and the ,secretary of ,housing and ,urban ,development1 by rule1 establish a list of vital documents associated with the origination and servicing of residential mortgage loans4 7,b7 ,considerations ,in determining which documents are vital documents under paragraph 7#a71 the ,director of the ,bureau shall consider the document conveys information-- 7i7 about credit terms and conditions2 and 7ii7 relating to borrower rights1 obligations1 or entitlements under the terms of the loan or applicable laws4 7#b7 ,translation ,the ,director of the ,bureau1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of the ,department of ,housing and ,urban ,development1 the ,secretary of ,veterans ,affairs1 and the ,secretary of the ,department of ,agriculture shall jointly-- 7,a7 not later than #ahj days after the date of enactment of this section1 publish model translations of each document designated as a vital document under this subsection in each of the #h languages most commonly spoken by individuals with limited ,english proficiency1 as determined by the ,director using information published by the ,director of the ,bureau of the ,census2 and 7,b7 not later than #c years after the date of enactment of this section1 publish versions of the vital documents described in subparagraph 7,a7 translated into not fewer than #d language other than those languages described in such subparagraph spoken by individuals with limited ,english proficiency that are regionally prevalent in the ,united ,states1 as determined by the ,director using information published by the ,director of the ,bureau of the ,census4 7c7 ,requirements for creditors 7#a7 ,use of standard language preference form by creditors 7,a7 ,inclusion in application ,each creditor shall include1 in any written application used in connection with a residential mortgage loan1 the standard language preference form established by the ,director of the ,bureau under subsection 7a74 7,b7 ,inclusion of disclosure ,each creditor may include with the form required under subparagraph 7,a7 a disclosure stating that documents and services may not be available in the preferred language indicated by the consumer on the form4 7,c7 ,documentation and transfer of preferred language information ,if a creditor1 or assignee of a creditor receives information about a language preference of a consumer through the standard language preference form1 orally or in writing in connection with a residential mortgage loan1 as determined by the ,director of the ,bureau1 including from another creditor or a servicer1 the creditor or assignee shall-- 7i7 document the language preference in each file or electronic file of information associated with the consumer2 and 7ii7 shall transfer the information and the form to-- 7,i7 any servicer of the loan2 and 7,,ii7 any creditor that may own the loan in the future4 7#b7 ,provision of translated vital documents ,if a ,federal agency or a ,state or local agency in the ,state or locality in which the residential property subject to the residential mortgage loan is located has produced a model translation for a document designated as a vital document under subsection 7b71 in the preferred language of a consumer1 as documented by a creditor pursuant to paragraph 7#a77;,c71 the creditor shall-- 7,a7 provide to the consumer the translation in addition to any ,english version of the vital document that would have been provided to the consumer who indicated the preferred language2 and 7,b7 include a notice in the ,english and translated versions indicating that the ,english version is the official and operative document and the translated version is for informational purposes only4 7#c7 ,oral interpretation services 7,a7 ,in general ,if a creditor receives information about a language preference of a consumer through the form established under subsection 7a71 orally or in writing in connection with a residential mortgage loan1 as determined by the ,director of the ,bureau1 including from another creditor or a servicer1 the creditor shall provide oral interpretation services to the consumer4 7,b7 ,oral interpretation services ,if a creditor is required under subparagraph 7,a7 to provide oral interpretation services to a consumer1 the creditor-- 7i7 shall ensure qualified oral interpretation services1 as defined by the ,director of the ,bureau are made available in the preferred language of the consumer for all oral communications between the creditor and the consumer2 and 7ii7 may provide provide the services described in clause 7i7 through qualified staff of the creditor or a qualified third party4 7#d7 ,notice of available language services ,if a creditor receives information about a language preference of a consumer through the form established under subsection 7a71 orally or in writing in connection with a residential mortgage loan1 as determined by the ,director of the ,bureau1 including from another creditor or a servicer1 the creditor shall1 not later than #aj business days after receiving the information1 notify the consumer in writing1 in the preferred language of the consumer1 of any language services available1 including the services required under paragraphs 7#b7 and 7#c74 7#e7 ,transfer of language preference information ,if a creditor transfers the servicing associated with a residential mortgage loan1 the creditor shall notify the transferee servicer of any known language preference of the consumer associated with the residential mortgage loan4 7#f7 ,information on website ,each creditor shall publish on the website of the creditor-- 7,a7 links to and explanatory information about the websites maintained by the ,secretary of ,housing and ,urban ,development and the ,director of the ,bureau that identify housing counselors approved by the ,department of ,housing and ,urban ,development2 and 7,b7 a link to and explanatory information about the language resources website established by the ,director of the ,bureau1 the ,secretary of ,housing and ,urban ,development1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs under section #d7;e7 of the ,improving ,language ,access in ,mortgage ,servicing ,act of #bjbd4 7d7 ,rulemaking ,the ,director may issue such rules as the ,director determines necessary to implement this section4 4 7b7 ,requirements for servicers ,section #f of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7 is amended by adding at the end the following3 7n7 ,language access requirements 7#a7 ,definition ,in this subsection1 the term standard language preference form means the standard language preference form established by the ,director of the ,bureau under section #abi;,i of the ,truth in ,lending ,act4 7#b7 ,requirements 7,a7 ,inclusion in notices ,each servicer shall include the standard language preference form with-- 7i7 any notice required under section #ajbd4ci7;b7 of title #ab1 ,code of ,federal ,regulations2 7ii7 any information required under subsection 7c72 7iii7 any notice required under section #ajbd4da7;b77#b7 of title #ab1 ,code of ,federal ,regulations2 7iv7 any notice required under section #ajbd4da7;c77#b77;iii7 of title #ab1 ,code of ,federal ,regulations2 and 7v7 any other additional notice as the ,director of the ,bureau determines is necessary4 7,b7 ,inclusion of disclosures ,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 form4 7,c7 ,documentation and transfer of preferred language information ,if a servicer or an assignee of a servicer receives information about a language preference of a borrower through the standard language preference form1 orally or in writing in connection with a federally related mortgage1 as determined by the ,director of the ,bureau1 including from another servicer or creditor1 the servicer or assignee shall document the language preference in each file or electronic file of information associated with the borrower and shall transfer the information and the standard language preference form to any other servicer that may service the loan in the future4 7#c7 ,required language services for servicers 7,a7 ,provision of translated vital documents ,if a ,federal agency or a ,state or local agency in the ,state or locality in which the property subject to the federally related mortgage loan is to be located has produced a model translation for a document designated as a vital document under section #abi;,i7b7 of the ,truth in ,lending ,act in the preferred language of a borrower documented by the servicer pursuant to paragraph 7#b77;,c7 of this subsection1 the servicer shall-- 7i7 provide to the consumer the translation in addition to any ,english version of the document that would have been provided to the borrower2 and 7ii7 include in the ,english and translated versions a notice1 in the preferred language of the borrower1 indicating that the ,english version is the official and operative document and the translated version is for informational purposes only4 7,b7 ,oral interpretation services 7i7 ,in general ,if a servicer receives information about a language preference of a borrower through the standard language preference form1 orally or in writing in connection with a federally related mortgage1 as determined by the ,director of the ,bureau1 including from another creditor or a servicer1 the servicer shall provide oral interpretation services to the borrower4 7ii7 ,oral interpretation services ,if a servicer is required to provide oral interpretation services under clause 7i71 the servicer-- 7,i7 shall ensure qualified oral interpretation services1 as defined by the ,director of the ,bureau1 are made available in the preferred language of the borrower for all oral communications between the servicer and the borrower2 and 7,,ii7 may provide the services described in subclause 7,i7 through qualified staff of the borrower or a qualified third party4 7#d7 ,notice of available language services ,if a servicer receives information about a language preference of a borrower through the standard language preference form1 orally or in writing in connection with a federally related mortgage1 as determined by the ,director of the ,bureau1 including from another creditor or a servicer1 the servicer shall1 not later than #aj business days after receiving the information1 notify the borrower in writing1 in the preferred language of the borrower1 of any language services available1 including the services required under paragraph 7#c74 7#e7 ,transfer of language preference information ,if a servicer transfers the servicing associated with a federally related mortgage loan1 the servicer shall notify the transferee servicer of any known language preference of the borrower associated with the federally related mortgage loan4 7#f7 ,information on website ,each servicer shall publish on the website of the servicer-- 7,a7 links to and information about the websites maintained by the ,secretary of ,housing and ,urban ,development and the ,director of the ,bureau that identify housing counselors approved by the ,department of ,housing and ,urban ,development2 and 7,b7 a link to and information about the language resources website established by the ,director of the ,bureau1 the ,secretary of ,housing and ,urban ,development1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs under section #d7;e7 of the ,improving ,language ,access in ,mortgage ,servicing ,act of #bjbd4 7#g7 ,rulemaking ,the ,director of the ,bureau may issue such rules as the ,director determines necessary to implement this section4 4 7c7 ,technical and conforming amendment ,the table of sections in chapter #b of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq7 is amended by inserting after the item relating to section #abi;,h the following3 #abi;,i4 ,language access requirements4 4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director1 the ,secretary of ,housing and ,urban ,development1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs shall submit to ,congress a report that contains-- 7#a7 regulatory recommendations to enhance mortgage origination and servicing processes for individuals with a preferred language that is not ,english2 7#b7 a description of any legislative changes needed to provide authority necessary to implement the regulatory recommendations described in paragraph 7#a72 and 7#c7 a description of any progress on the implementation of any legislative change or regulatory recommendation made in a previous report4 7e7 ,language resource website 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director1 the ,secretary of ,housing and ,urban ,development1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs shall jointly establish and maintain a website that provides language resources for creditors1 servicers1 and consumers4 7#b7 ,website requirements ,the website developed pursuant to paragraph 7#a7 shall include-- 7,a7 the translations of documents published pursuant to section #abi;,i7c7 of the ,truth in ,lending ,act1 as added by subsection 7a7 of this section2 7,b7 a glossary of terms relating to residential mortgage loans and federally related mortgage loans1 provided in each commonly spoken language2 7,c7 guidance for creditors and servicers working with individuals who have a preferred language that is not ,english2 and 7,d7 examples of notices that may be used by creditors and servicers to inform individuals of available language services provided in accordance with section #abi;,i of the ,truth in ,lending ,act1 as added by subsection 7a7 of this section1 and section #f7n77#b7 of the ,real ,estate ,settlement ,procedures ,act of #aigd1 as added by subsection 7b7 of this section4 7f7 ,advisory group 7#a7 ,in general ,the ,director shall establish an advisory group consisting of stakeholders1 including industry groups1 consumer groups1 civil rights groups1 and groups that have experience improving language access in housing finance transactions1 to provide advice to the ,director about-- 7,a7 issues that arise relating to mortgage origination and servicing processes for individuals with a preferred language that is not ,english2 7,b7 the development of the standard language preference form by the ,director under section #abi;,i7a7 of the ,truth in ,lending ,act1 as added by subsection 7a7 of this section2 and 7,c7 updates to the language resource website established by the ,director1 the ,secretary of ,housing and ,urban ,development1 the ,director of the ,federal ,housing ,finance ,agency1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs under subsection 7e74 7#b7 ,required consulting ,the ,director shall consult with the advisory group established under paragraph 7#a7 with respect to any issues that arise relating to mortgage origination and servicing processes for individuals with a preferred language that is not ,english4 7g7 ,housing counseling agency language resources 7#a7 ,enhanced search capabilities 7,a7 ,,hud ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall update the website maintained by the ,secretary that identifies housing counselors approved by the ,department of ,housing and ,urban ,development1 to allow for searching for housing counseling agencies based on the language services the agencies provide4 7,b7 ,bureau ,not later than #a year after the date of enactment of this ,act1 the ,director shall update the website maintained by the ,director that identifies housing counselors approved by the ,department of ,housing and ,urban ,development1 to allow for searching for housing counseling agencies based on the language services the housing counseling agencies provide4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary such sums as are necessary to support language training for housing counselors approved by the ,department of ,housing and ,urban ,development1 counseling agencies1 and staff4