IB 

Calendar No. 281 

117TH CONGRESS 

2D SESSION H. R. 3009 

[Report No. 117–370, Part I] 

To amend the Truth in Lending Act and the Real Estate Settlement Procedures Act of 1974 to establish language access requirements for creditors 

and servicers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2021 

Ms. GARCIA of Texas introduced the following bill; which was referred to the 

Committee on Financial Services, and in addition to the Committee on 

Veterans’ Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

JUNE 15, 2022 

Additional sponsor: Mr. GREEN of Texas 

JUNE 15, 2022 

Reported from the Committee on Financial Services with an amendment 

JUNE 15, 2022 

Committee on Veterans’ Affairs discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 7, 2021] 


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A BILL 

To amend the Truth in Lending Act and the Real Estate 

Settlement Procedures Act of 1974 to establish language 

access requirements for creditors and servicers, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Language 

5 Access in Mortgage Servicing Act of 2021’’. 

6 SEC. 2. LANGUAGE ACCESS REQUIREMENTS AND RE7 SOURCES. 

8 (a) IN GENERAL.—Chapter 2 of title I of the Truth 

9 in Lending Act (15 U.S.C. 1631 et seq.) is amended by in10 serting after section 129H the following: 

11 ‘‘§ 129I. Language access requirements. 

12 ‘‘(a) STANDARD LANGUAGE PREFERENCE FORM.—Not 

13 later than 90 days after the date of the enactment of this 

14 section, the Director of the Bureau of Consumer Financial 

15 Protection shall, after consulting with the Secretary of Agri16 culture, the Director of the Federal Housing Finance Agen17 cy, the Secretary of Veterans Affairs, and the Commissioner 

18 of the Federal Housing Authority, by rule, establish a 

19 standard language preference form which includes a stand20 ard language preference question asked in each of the 8 lan21 guages most commonly spoken by individuals with limited 

22 English proficiency, as determined by the Director of the 

23 Bureau using information published by the Director of the 

24 Bureau of the Census. 

25 ‘‘(b) REQUIREMENTS FOR CREDITORS.— 


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1 ‘‘(1) USE OF STANDARD LANGUAGE PREFERENCE

2 FORM BY CREDITORS.— 

3 ‘‘(A) INCLUSION IN APPLICATION.—Each 

4 creditor shall include, in any written applica5 tion used in connection with a residential mort6 gage loan, the standard language preference form 

7 established by the Director of the Bureau under 

8 subsection (a). 

9 ‘‘(B) INCLUSION OF DISCLOSURE.—Each 

10 creditor may include with such standard lan11 guage preference form a disclosure stating that 

12 documents and services may not be available in 

13 the preferred language indicated by the consumer 

14 on the standard language preference form. 

15 ‘‘(C) DOCUMENTATION AND TRANSFER OF

16 PREFERRED LANGUAGE INFORMATION.—If a 

17 creditor, or assignee of a creditor receives infor18 mation about a language preference of a con19 sumer through the standard language preference 

20 form, orally or in writing in connection with a 

21 residential mortgage loan, as determined by the 

22 Director of the Bureau, including from another 

23 creditor or a servicer, such creditor or assignee 

24 shall document this language preference in each 

25 file or electronic file of information associated 


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1 with such consumer and shall transfer such in2 formation and the standard language preference 

3 form to any servicer of the loan and to any cred4 itor that may own the loan in the future. 

5 ‘‘(2) PROVISION OF TRANSLATED DOCUMENTS.— 

6 If a Federal agency or a State or local agency in the 

7 State or locality in which the residential property is 

8 located has produced a translation of a document 

9 used in association with a residential mortgage loan 

10 in the preferred language of a consumer documented 

11 by a creditor pursuant to paragraph (1)(C), such 

12 creditor shall— 

13 ‘‘(A) provide such translation in addition to 

14 any English version of such document that 

15 would have been provided to such consumer who 

16 indicated such preferred language; and 

17 ‘‘(B) include a notice on the English and 

18 translated versions indicating that the English 

19 version is the official and operative document 

20 and the translated version is for informational 

21 purposes only. 

22 ‘‘(3) ORAL INTERPRETATION SERVICES.— 

23 ‘‘(A) IN GENERAL.—If a creditor receives 

24 information about a language preference of a 

25 consumer through the standard language prefVerDate Sep 11 2014 00:17 Jun 16, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3009.RH H3009

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1 erence form, orally or in writing in connection 

2 with a residential mortgage loan, as determined 

3 by the Director of the Bureau, including from 

4 another creditor or a servicer, such creditor shall 

5 provide oral interpretation services to such con6 sumer. 

7 ‘‘(B) ORAL INTERPRETATION SERVICES.—If 

8 a creditor is required under subparagraph (A) to 

9 provide oral interpretation services to a con10 sumer, such creditor shall ensure qualified oral 

11 interpretation services, as defined by the Director 

12 of the Bureau, are made available in the pre13 ferred language of the consumer for all oral com14 munications between the such creditor and the 

15 consumer and these oral interpretation services 

16 may be provided by qualified staff of the creditor 

17 or a qualified third party. 

18 ‘‘(4) NOTICE OF AVAILABLE LANGUAGE SERV19 ICES.—If a creditor receives information about a lan20 guage preference of a consumer through the standard 

21 language preference form, orally or in writing in con22 nection with a residential mortgage loan, as deter23 mined by the Director of the Bureau, including from 

24 another creditor or a servicer, such creditor shall not 

25 later than 10 business days after receiving such inforVerDate Sep 11 2014 00:17 Jun 16, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3009.RH H3009

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1 mation, notify such consumer in writing, in the pre2 ferred language of the consumer, of any language 

3 services available, including the services required 

4 under paragraphs (2) and (3). 

5 ‘‘(5) TRANSFER OF LANGUAGE PREFERENCE IN6 FORMATION.—If a creditor transfers the servicing as7 sociated with a residential mortgage loan, such cred8 itor shall notify the transferee servicer of any known 

9 language preference of the consumer associated with 

10 such residential mortgage loan. 

11 ‘‘(6) INFORMATION ON WEBSITE.—Each creditor 

12 shall on the website of the creditor publish— 

13 ‘‘(A) links to and explanatory information 

14 about the websites maintained by the Secretary 

15 of Housing and Urban Development and the Di16 rector of the Bureau of Consumer Financial Pro17 tection that identify housing counselors approved 

18 by the Department of Housing and Urban Devel19 opment; and 

20 ‘‘(B) a link to and explanatory information 

21 about the language resources website established 

22 by the Director of the Bureau of Consumer Fi23 nancial Protection, the Secretary of Housing and 

24 Urban Development, the Director of the Federal 

25 Housing Finance Agency, the Secretary of AgriVerDate Sep 11 2014 00:17 Jun 16, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3009.RH H3009

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1 culture, and the Secretary of Veterans Affairs 

2 under section 1(e) of the Improving Language 

3 Access in Mortgage Servicing Act of 2021. 

4 ‘‘(c) TRANSLATION OF MORTGAGE DOCUMENTS.—With 

5 respect to each document published by the Federal Housing 

6 Finance Agency, the Bureau of Consumer Financial Protec7 tion, the Department of Housing and Urban Development, 

8 the Department of Veterans Affairs, and the Department 

9 of Agriculture and used in association with a residential 

10 mortgage loan transaction, including origination and serv11 icing documents, the Director of the Bureau of Consumer 

12 Financial Protection and the Director of the Federal Hous13 ing Finance Agency shall jointly— 

14 ‘‘(1) not later than 180 days after the date of the 

15 enactment of this section, publish versions of such 

16 documents translated into each of the 8 languages 

17 most commonly spoken by individuals with limited 

18 English proficiency, as determined by the Director of 

19 the Bureau of Consumer Financial Protection using 

20 information published by the Director of the Bureau 

21 of the Census; and 

22 ‘‘(2) not later than 3 years after the date of the 

23 enactment of this section, publish versions of such 

24 documents translated into at least 4 additional lan25 guages spoken by individuals with limited English 


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1 proficiency that are regionally prevalent in the 

2 United States, as determined by the Director of the 

3 Bureau of Consumer Financial Protection using in4 formation published by the Director of the Bureau of 

5 the Census. 

6 ‘‘(d) RULEMAKING.—The Director may issue such 

7 rules as the Director determines necessary to implement this 

8 section.’’. 

9 (b) REQUIREMENTS FOR SERVICERS.—Section 6 of the 

10 Real Estate Settlement Procedures Act of 1974 is amended 

11 by adding at the end the following: 

12 ‘‘(n) LANGUAGE ACCESS REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) INCLUSION IN NOTICES.—Each 

15 servicer shall include the standard language pref16 erence form with— 

17 ‘‘(i) any notice required under section 

18 1024.39(b) of title 12, Code of Federal Reg19 ulations; 

20 ‘‘(ii) any notice required under section 

21 (c); 

22 ‘‘(iii) any notice required under sec23 tion 1024.41(b)(2) of title 12, Code of Fed24 eral Regulations; 


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1 ‘‘(iv) any notice required under section 

2 1024.41(c)(2)(iii) of title 12, Code of Fed3 eral Regulations; and 

4 ‘‘(v) any other additional notice as the 

5 Director of the Bureau of Consumer Finan6 cial Protection determines necessary. 

7 ‘‘(B) INCLUSION OF DISCLOSURES.—A 

8 servicer may include with the standard language 

9 preference form a disclosure stating that docu10 ments and services may not be available in the 

11 preferred language of the borrower indicated by 

12 the consumer on the standard language pref13 erence form. 

14 ‘‘(C) DOCUMENTATION AND TRANSFER OF

15 PREFERRED LANGUAGE INFORMATION.—If a 

16 servicer or an assignee of a servicer receives in17 formation about a language preference of a bor18 rower through the standard language preference 

19 form, orally or in writing in connection with a 

20 federally related mortgage, as determined by the 

21 Director of the Bureau, including from another 

22 servicer or creditor, such servicer or assignee 

23 shall document this language preference in each 

24 file or electronic file of information associated 

25 with such borrower and shall transfer such inforVerDate Sep 11 2014 00:17 Jun 16, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3009.RH H3009

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1 mation and the standard language preference 

2 form to any other servicer that may service the 

3 loan in the future. 

4 ‘‘(2) REQUIRED LANGUAGE SERVICES FOR

5 SERVICERS.— 

6 ‘‘(A) PROVISION OF TRANSLATED DOCU7 MENTS.—If a Federal agency, or a State or local 

8 agency in the State or locality in which the 

9 property subject to the federally related mortgage 

10 loan is to be located has produced a translation 

11 of a document used in associated with a federally 

12 related mortgage loan in the preferred language 

13 of a borrower as documented by the servicer pur14 suant to paragraph (1)(C), the servicer shall— 

15 ‘‘(i) provide such translation in addi16 tion to any English version of such docu17 ment that would have been provided to such 

18 borrower; and 

19 ‘‘(ii) include a notice on the English 

20 and translated versions, in the preferred 

21 language of the borrower, indicating that 

22 the English version is the official and oper23 ative document and the translated version 

24 is for informational purposes only. 

25 ‘‘(B) ORAL INTERPRETATION SERVICES.— 


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1 ‘‘(i) IN GENERAL.—If a servicer re2 ceives information about a language pref3 erence of a borrower through the standard 

4 language preference form, orally or in writ5 ing in connection with a federally related 

6 mortgage, as determined by the Director of 

7 the Bureau, including from another creditor 

8 or a servicer, such servicer shall provide 

9 oral interpretation services to such bor10 rower. 

11 ‘‘(ii) ORAL INTERPRETATION SERV12 ICES.—If a servicer is required under sub13 paragraph (A) to provide oral interpreta14 tion services to a borrower, such servicer 

15 shall ensure qualified oral interpretation 

16 services, as defined by the Director of the 

17 Bureau, are made available in the preferred 

18 language of the borrower for all oral com19 munications between the such servicer and 

20 the borrower and these oral interpretation 

21 services may be provided by qualified staff 

22 of the borrower or a qualified third party. 

23 ‘‘(3) NOTICE OF AVAILABLE LANGUAGE SERV24 ICES.—If a servicer receives information about a lan25 guage preference of a borrower through the standard 


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1 language preference form, orally or in writing in con2 nection with a federally related mortgage, as deter3 mined by the Director of the Bureau, including from 

4 another creditor or a servicer, such servicer shall, not 

5 later than 10 business days after receiving such infor6 mation, notify such borrower in writing, in the pre7 ferred language of the borrower, of any language serv8 ices available, including the services required under 

9 paragraph (2). 

10 ‘‘(4) TRANSFER OF LANGUAGE PREFERENCE IN11 FORMATION.—If a servicer transfers the servicing as12 sociated with a federally related mortgage loan, such 

13 servicer shall notify the transferee servicer of any 

14 known language preference of the borrower associated 

15 with such federally related mortgage loan. 

16 ‘‘(5) STANDARD LANGUAGE PREFERENCE FORM

17 DEFINED.—The term ‘standard language preference 

18 form’ means the standard language preference form 

19 established by the Director of the Bureau under sec20 tion 129I of the Truth in Lending Act. 

21 ‘‘(6) INFORMATION ON WEBSITE.—Each servicer 

22 shall on the website of the servicer publish— 

23 ‘‘(A) links to and information about the 

24 websites maintained by the Secretary of Housing 

25 and Urban Development and the Director of the 


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1 Bureau of Consumer Financial Protection that 

2 identify housing counselors approved by the De3 partment of Housing and Urban Development; 

4 and 

5 ‘‘(B) a link to and information about the 

6 language resources website established by the Di7 rector of the Bureau of Consumer Financial Pro8 tection, the Secretary of Housing and Urban De9 velopment, the Director of the Federal Housing 

10 Finance Agency, the Secretary of Agriculture, 

11 and the Secretary of Veterans Affairs under sec12 tion 1(e) of the Improving Language Access in 

13 Mortgage Servicing Act of 2021. 

14 ‘‘(7) RULEMAKING.—The Director of the Bureau 

15 of Consumer Financial Protection may issue such 

16 rules as the Director determines necessary to imple17 ment this section.’’. 

18 (c) CLERICAL AMENDMENT.—The table of sections in 

19 chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et 

20 seq) is amended by inserting after the item relating to sec21 tion 129H the following: 

‘‘129I. Language access requirements.’’. 

22 (d) REPORT.—Not later than 1 year after the date of 

23 the enactment of this section, and each year thereafter, the 

24 Director of the Bureau of Consumer Financial Protection, 

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1 rector of the Federal Housing Finance Agency, the Sec2 retary of Agriculture, and the Secretary of Veterans Affairs 

3 shall submit a report to the Congress that contains— 

4 (1) regulatory recommendations to enhance 

5 mortgage origination and servicing processes for per6 sons with a preferred language that is not English; 

7 (2) a description of any legislative changes need8 ed to provide authority necessary to implement the 

9 regulatory recommendations; and 

10 (3) a description of any progress on the imple11 mentation of any legislative or regulatory rec12 ommendation made in a previous report. 

13 (e) LANGUAGE RESOURCE WEBSITE.— 

14 (1) IN GENERAL.—The Director of the Bureau of 

15 Consumer Financial Protection, the Secretary of 

16 Housing and Urban Development, the Director of the 

17 Federal Housing Finance Agency, the Secretary of 

18 Agriculture, and the Secretary of Veterans Affairs 

19 shall jointly not later than 1 year after the date of 

20 the enactment of this section establish and maintain 

21 a website that provides language resources for credi22 tors, servicers, and consumers. 

23 (2) WEBSITE REQUIREMENTS.—The website de24 veloped pursuant to paragraph (1) shall include— 


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1 (A) the translations of documents published 

2 pursuant to section 129I(c) of the Truth in 

3 Lending Act; 

4 (B) a glossary of terms relating to residen5 tial mortgage loans and federally related mort6 gage loans, provided in each commonly spoken 

7 language; 

8 (C) guidance for creditors and servicers 

9 working with persons who have a preferred lan10 guage that is not English; and 

11 (D) examples of notices that may be used by 

12 creditors and servicers to inform persons of 

13 available language services, provided in accord14 ance with section 6(n)(2) of the Real Estate Set15 tlement Procedures Act of 1974 and section 129I 

16 of the Truth in Lending Act. 

17 (f) ADVISORY GROUP.— 

18 (1) IN GENERAL.—The Director of the Bureau of 

19 Consumer Financial Protection shall establish an ad20 visory group consisting of stakeholders, including in21 dustry groups, consumer groups, civil rights groups, 

22 and groups that have experience improving language 

23 access in housing finance transactions, to provide ad24 vice to the Director about— 


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1 (A) issues that arise relating to mortgage 

2 origination and servicing processes for persons 

3 with a preferred language that is not English; 

4 and 

5 (B) the development of the standard lan6 guage preference form by the Director under sec7 tion 129I(a) of the Truth in Lending Act; 

8 (C) updates to the language resource website 

9 established by the Director of the Bureau of Con10 sumer Financial Protection, the Secretary of 

11 Housing and Urban Development, the Director 

12 of the Federal Housing Finance Agency, the Sec13 retary of Agriculture, and the Secretary of Vet14 erans Affairs under subsection (e). 

15 (2) REQUIRED CONSULTING.—The Director of 

16 the Bureau of Consumer Financial Protection shall 

17 consult with the advisory group established pursuant 

18 to paragraph (1) with respect to any issues that arise 

19 relating to mortgage origination and servicing proc20 esses for persons with a preferred language that is not 

21 English. 

22 (g) HOUSING COUNSELING AGENCY LANGUAGE RE23 SOURCES.— 

24 (1) ENHANCED SEARCH CAPABILITIES.— 


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1 (A) HUD.—The Secretary of Housing and 

2 Urban Development shall not later than 1 year 

3 after the date of the enactment of this section up4 date the website maintained by the Secretary 

5 that identifies housing counselors approved by 

6 the Department of Housing and Urban Develop7 ment, to allow for searching for housing coun8 seling agencies based on the language services 

9 they provide. 

10 (B) BUREAU.—The Director of the Bureau 

11 of Consumer Financial protection shall not later 

12 than 1 year after the date of the enactment of 

13 this section update the website maintained by the 

14 Director that identifies housing counselors ap15 proved by the Department of Housing and 

16 Urban Development, to allow for searching for 

17 housing counseling agencies based on the lan18 guage services they provide. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to the Sec21 retary of the Department of Housing and Urban De22 velopment, such sums as are necessary to support lan23 guage training for HUD-approved housing counselors, 

24 counseling agencies, and their staff. 

25 (h) DEFINITIONS.—In this section— 


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1 (1) The term ‘‘creditor’’ has the meaning given 

2 the term in section 103 of the Truth in Lending Act 

3 and shall include any assignee of a creditor. 

4 (2) The term ‘‘director’’ means the Director of 

5 the Bureau of Consumer Financial Protection. 

6 (3) The term ‘‘servicer’’ has the meaning given 

7 the term in section 6(i) of the Real Estate Settlement 

8 Procedures Act of 1974. 

9 (4) The term ‘‘residential mortgage loan’’ has the 

10 meaning given the term in section 103 of the Truth 

11 in Lending Act. 

12 (5) The term ‘‘federally related mortgage loan’’ 

13 has the meaning given the term in section 3 of the 

14 Real Estate Settlement Procedures Act of 1974. 


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Calendar No. 281 

117TH CONGRESS 

2D SESSION H. R. 3009 

[Report No. 117–370, Part I] 

A BILL 

To amend the Truth in Lending Act and the Real 

tors and servicers, and for other purposes. tablish language access requirements for crediEstate Settlement Procedures Act of 1974 to esJUNE 15, 2022 

Reported from the Committee on Financial Services with 

J

an amendment 

UNE 15, 2022 

Committee on Veterans’ Affairs discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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