I 
117TH CONGRESS 
1ST SESSION H. R. 3009 
To amend the Truth in Lending Act and the Real Estate Settlement Proce-
dures 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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited to as the ‘‘Improving Lan-
guage Access in Mortgage Servicing Act of 2021’’. 
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SEC. 2. LANGUAGE ACCESS REQUIREMENTS AND RE-
SOURCES. 
(a) IN GENERAL.—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: 
‘‘§ 129I. Language access requirements. 
‘‘(a) STANDARD LANGUAGE PREFERENCE FORM.— 
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 Sec-
retary of Agriculture, the Director of the Federal Housing 
Finance Agency, the Secretary of Veterans Affairs, and 
the Commissioner of the Federal Housing Authority, by 
rule, establish a standard language preference form which 
includes a standard language preference question asked in 
each of the 8 languages most commonly spoken by individ-
uals 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. 
‘‘(b) REQUIREMENTS FOR CREDITORS.— 
‘‘(1) USE
OF
STANDARD
LANGUAGE
PREF-
ERENCE FORM BY CREDITORS.— 
‘‘(A) INCLUSION
IN
APPLICATION.—Each 
creditor shall include, in any written application 
used in connection with a residential mortgage 
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loan, the standard language preference form es-
tablished by the Director of the Bureau under 
subsection (a). 
‘‘(B) INCLUSION
OF
DISCLOSURE.—Each 
creditor may include with such standard lan-
guage preference form a disclosure stating that 
documents and services may not be available in 
the preferred language indicated by the con-
sumer on the standard language preference 
form. 
‘‘(C) DOCUMENTATION AND TRANSFER OF 
PREFERRED
LANGUAGE
INFORMATION.—If a 
creditor, or assignee of a creditor receives infor-
mation about a language preference of a con-
sumer through the standard language pref-
erence form, orally, or otherwise, including from 
another creditor or a servicer, such creditor or 
assignee shall document this language pref-
erence in each file or electronic file of informa-
tion associated with such consumer and shall 
transfer such information and the standard lan-
guage preference form to any servicer of the 
loan and to any creditor that may own the loan 
in the future. 
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‘‘(2) 
PROVISION
OF
TRANSLATED
DOCU-
MENTS.—If a Federal agency or a State or local 
agency in the State or locality in which the residen-
tial property is located has produced a translation of 
a document used in association with a residential 
mortgage loan in the preferred language of a con-
sumer documented by a creditor pursuant to para-
graph (1)(C), such creditor shall— 
‘‘(A) provide such translation in addition 
to any English version of such document that 
would have been provided to such consumer 
who indicated such preferred language; and 
‘‘(B) include a notice on the English and 
translated versions indicating that the English 
version is the official and operative document 
and the translated version is for informational 
purposes only. 
‘‘(3) ORAL INTERPRETATION SERVICES.— 
‘‘(A) IN GENERAL.—If a creditor receives 
information about a language preference of a 
consumer through the standard language pref-
erence form, orally, or otherwise, including from 
another creditor or a servicer such creditor shall 
provide oral interpretation services to such con-
sumer. 
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‘‘(B) ORAL INTERPRETATION SERVICES.— 
If a creditor is required under subparagraph 
(A) to provide oral interpretation services to a 
consumer, such creditor shall provide oral inter-
pretation services in the preferred language of 
the consumer for all oral communications be-
tween the such creditor and the consumer and 
these oral interpretation services may be pro-
vided by qualified staff of the creditor or a 
third party. 
‘‘(4) NOTICE OF AVAILABLE LANGUAGE SERV-
ICES.—If a creditor receives information about a 
language preference of a consumer through the 
standard language preference form, orally, or other-
wise, including from another creditor or a servicer 
such creditor shall, not later than 10 business days 
after receiving such information, notify such con-
sumer in writing, in the preferred language of the 
consumer, of any language services available, includ-
ing the services required under paragraphs (2) and 
(3). 
‘‘(5) TRANSFER
OF
LANGUAGE
PREFERENCE 
INFORMATION.—If a creditor transfers the servicing 
associated with a residential mortgage loan, such 
creditor shall notify the transferee servicer of any 
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known language preference of the consumer associ-
ated with such residential mortgage loan. 
‘‘(6) INFORMATION ON WEBSITE.—Each cred-
itor shall on the website of the creditor publish— 
‘‘(A) all documents translated by Federal 
Housing Finance Agency and the Bureau of 
Consumer Financial Protection under sub-
section (c); 
‘‘(B) links to the websites maintained by 
the Secretary of Housing and Urban Develop-
ment and the Director of the Bureau of Con-
sumer Financial Protection that identify hous-
ing counselors approved by the Department of 
Housing and Urban Development; and 
‘‘(C) a link to the language resources 
website established by the Director of the Bu-
reau 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 1(e) 
of the Improving Language Access in Mortgage 
Servicing Act of 2021. 
‘‘(c) TRANSLATION OF MORTGAGE DOCUMENTS.— 
With respect to each document published by the Federal 
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the property subject to the federally related 
mortgage loan is to be located has produced a 
translation of a document used in associated 
with a federally related mortgage loan in the 
preferred language of a borrower as docu-
mented by the servicer pursuant to paragraph 
(1)(C), the servicer shall— 
‘‘(i) provide such translation in addi-
tion to any English version of such docu-
ment that would have been provided to 
such borrower; and 
‘‘(ii) 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 oper-
ative document and the translated version 
is for informational purposes only. 
‘‘(B) ORAL INTERPRETATION SERVICES.— 
‘‘(v) IN GENERAL.—If a servicer re-
ceives information about a language pref-
erence of a borrower through the standard 
language preference form, orally, or other-
wise, including from another servicer or 
creditor such servicer shall provide oral in-
terpretation services to such borrower. 
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‘‘(vi) ORAL
INTERPRETATION
SERV-
ICES.—If a servicer is required under sub-
paragraph (A) to provide oral interpreta-
tion services to a borrower, such servicer 
shall provide oral interpretation services in 
the preferred language of the borrower for 
all oral communications between the such 
servicer and the borrower and these oral 
interpretation services may be provided by 
qualified staff of the borrower or a third 
party. 
‘‘(3) NOTICE OF AVAILABLE LANGUAGE SERV-
ICES.—If a servicer receives information about a 
language preference of a borrower through the 
standard language preference form, orally, or other-
wise, including from another creditor such servicer 
shall, not later than 10 business days after receiving 
such information, notify such borrower in writing, in 
the preferred language of the borrower, of any lan-
guage services available, including the services re-
quired under paragraph (2). 
‘‘(4) TRANSFER
OF
LANGUAGE
PREFERENCE 
INFORMATION.—If a servicer transfers the servicing 
associated with a federally related mortgage loan, 
such servicer shall notify the transferee servicer of 
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any known language preference of the borrower as-
sociated with such federally related mortgage loan. 
‘‘(5) STANDARD LANGUAGE PREFERENCE FORM 
DEFINED.—The term ‘standard language preference 
form’ means the standard language preference form 
established by the Director of the Bureau under sec-
tion 129I of the Truth in Lending Act. 
‘‘(6) 
INFORMATION
ON
WEBSITE.—Each 
servicer shall on the website of the servicer pub-
lish— 
‘‘(A) all documents translated by Federal 
Housing Finance Agency and the Bureau of 
Consumer Financial Protection under sub-
section (c); 
‘‘(B) links to the websites maintained by 
the Secretary of Housing and Urban Develop-
ment and the Director of the Bureau of Con-
sumer Financial Protection that identify hous-
ing counselors approved by the Department of 
Housing and Urban Development; and 
‘‘(C) a link to the language resources 
website established by the Director of the Bu-
reau of Consumer Financial Protection, the 
Secretary of Housing and Urban Development, 
the Director of the Federal Housing Finance 
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Agency, the Secretary of Agriculture, and the 
Secretary of Veterans Affairs under section 1(e) 
of the Improving Language Access in Mortgage 
Servicing Act of 2021. 
‘‘(7) RULEMAKING.—The Director of the Bu-
reau of Consumer Financial Protection may issue 
such rules as the Director determines necessary to 
implement this section.’’. 
(c) CLERICAL AMENDMENT.—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.’’. 
(d) REPORT.—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 Protec-
tion, 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 con-
tains— 
(1) regulatory recommendations to enhance 
mortgage origination and servicing processes for per-
sons with a preferred language that is not English; 
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(2) a description of any legislative changes 
needed to provide authority necessary to implement 
the regulatory recommendations; and 
(3) a description of any progress on the imple-
mentation of any legislative or regulatory rec-
ommendation made in a previous report. 
(e) LANGUAGE RESOURCE WEBSITE.— 
(1) IN GENERAL.—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 credi-
tors and servicers. 
(2) WEBSITE REQUIREMENTS.—The website de-
veloped pursuant to paragraph (1) shall include— 
(A) the translations of documents pub-
lished pursuant to section 129I(c) of the Truth 
in Lending Act; 
(B) a glossary of terms relating to residen-
tial mortgage loans and federally related mort-
gage loans, provided in each commonly spoken 
language; 
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(C) guidance for creditors and servicers 
working with persons who have a preferred lan-
guage that is not English; and 
(D) examples of notices that may be used 
by creditors and servicers to inform persons of 
available language services, provided in accord-
ance with section 6(n)(2) of the Real Estate 
Settlement Procedures Act of 1974 and section 
129I of the Truth in Lending Act. 
(f) ADVISORY GROUP.— 
(1) IN GENERAL.—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— 
(A) issues that arise relating to mortgage 
origination and servicing processes for persons 
with a preferred language that is not English; 
(B) the development of the standard lan-
guage preference form by the Director under 
section 129I(a) of the Truth in Lending Act; 
and 
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(C) updates to the language resource 
website established by the Director of the Bu-
reau 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 subsection 
(e). 
(2) REQUIRED CONSULTING.—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. 
(g) HOUSING COUNSELING AGENCY LANGUAGE RE-
SOURCES.— 
(1) ENHANCED SEARCH CAPABILITIES.— 
(A) HUD.—The Secretary of Housing and 
Urban Development shall not later than 1 year 
after the date of the enactment of this section 
update the website maintained by the Secretary 
that identifies housing counselors approved by 
the Department of Housing and Urban Devel-
opment, to allow for searching for housing 
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counseling agencies based on the language serv-
ices they provide. 
(B) BUREAU.—The Director of the Bureau 
of Consumer Financial protection shall not later 
than 1 year after the date of the enactment of 
this section update the website maintained by 
the Director that identifies housing counselors 
approved by the Department of Housing and 
Urban Development, to allow for searching for 
housing counseling agencies based on the lan-
guage services they provide. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary of the Department of Housing and Urban De-
velopment, such sums as are necessary to support 
language training for HUD-approved housing coun-
selors, counseling agencies, and their staff. 
(h) DEFINITIONS.—In this section: 
(1) 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. 
(2) The term ‘‘director’’ means the Director of 
the Bureau of Consumer Financial Protection. 
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(3) The term ‘‘servicer’’ has the meaning given 
the term in section 6(i) of the Real Estate Settle-
ment Procedures Act of 1974. 
(4) The term ‘‘residential mortgage loan’’ has 
the meaning given the term in section 103 of the 
Truth in Lending Act. 
(5) The term ‘‘federally related mortgage loan’’ 
has the meaning given the term in section 3 of the 
Real Estate Settlement Procedures Act of 1974. 
Æ 
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