[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8604 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8604
To establish the Language Access Board, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2026
Ms. Chu (for herself, Ms. Meng, Mr. Vargas, Mr. Goldman of New York,
Ms. Wilson of Florida, Ms. Norton, Mr. Lieu, Ms. Tlaib, Mr. Green of
Texas, Mr. Soto, Mr. Kennedy of New York, and Mr. Correa) introduced
the following bill; which was referred to the Committee on Oversight
and Government Reform
_______________________________________________________________________
A BILL
To establish the Language Access Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Language Access Board Act of 2026''.
SEC. 2. LANGUAGE ACCESS BOARD.
(a) Board Established.--There is established within the Federal
Government the Language Access Board (referred to in this Act as the
``Board'') which shall be composed of 32 members as follows:
(1) 16 members shall be appointed by the President, in
accordance with the appointment requirements under subsection
(b), from among members of the public who are not Federal
employees, and one whom has been appointed under subparagraph
(A) of section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792) to serve as a public member of the Access Board
established under such section 502, and each of whom have
expertise in--
(A) developing or implementing policies or programs
related to language access issues;
(B) working with individuals with limited English
proficiency; or
(C) translation or interpretation services.
(2) The remaining 16 members shall be the heads of each of
the following departments, agencies, or bureaus (or their
designees whose positions are executive level IV or higher):
(A) Department of Health and Human Services.
(B) Department of Transportation.
(C) Department of Housing and Urban Development.
(D) Department of Labor.
(E) Department of the Interior.
(F) Department of Agriculture.
(G) Department of Justice.
(H) Department of Veterans Affairs.
(I) Department of Homeland Security.
(J) Department of Education.
(K) Department of Commerce.
(L) Internal Revenue Service.
(M) Office of Management and Budget.
(N) Small Business Administration.
(O) Social Security Administration.
(P) Department of the Treasury.
(b) Appointment Requirements.--Members described in subsection
(a)(1) shall be appointed solely on the basis of their professional
qualifications, achievements, public stature, and relevant expertise
and experience, and without regard to political affiliation, but in no
event shall more than 8 such members be members of the same political
party.
(c) Duties.--The duties of the Board shall be to--
(1) enforce, issue requirements for, and investigate
violations of standards under, or prescribed pursuant to,
language access guidelines required in section 4(a), as
applicable;
(2) establish, maintain, and provide technical assistance
and training on--
(A) language access standards for public-facing
resources or materials for federally conducted programs
or initiatives issued pursuant to section 4; and
(B) language access provisions of law identified in
the review required under section 3(b);
(3) develop advisory information for, and provide
appropriate technical assistance to, Federal departments and
agencies, including--
(A) a duty to provide services for individuals with
limited English proficiency; or
(B) a duty to provide multilingual or non-English
resources, programs, or materials to individuals with
limited English proficiency;
(4) study practices and approaches that help individuals
with limited English proficiency access Federal resources and
programs;
(5) help connect individuals with limited English
proficiency with Federal resources and programs; and
(6) promote language access for individuals with limited
English proficiency throughout all segments of society.
(d) Term of Office.--
(1) In general.--Each member described in subsection (a)(1)
shall be appointed for a term of 5 years, except as provided in
paragraph 2.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members described
in subsection (a)(1) first appointed--
(A) 6 shall be appointed for a term of 5 years;
(B) 5 shall be appointed for a term of 4 years; and
(C) 5 shall be appointed for a term of 3 years.
(e) Chairperson; Vice-Chairperson.--The chairperson and vice-
chairperson of the Board shall be subject to the following
requirements:
(1) The chairperson and vice-chairperson of the Board shall
each be elected by majority vote of the members of the Board.
(2) The chairperson and vice-chairperson of the Board shall
each serve for a term of 1 year.
(3) The chairperson elected by the Board shall alternate,
on a term-by-term basis, between being a member described in
subsection (a)(1) or a member described in subsection (a)(2).
(4) The chairperson and vice-chairperson of the Board may
not both be members described in subsection (a)(1) or both be
members described in subsection (a)(2).
(5) The chairperson and vice-chairperson may not be members
of the same political party.
(f) Vacancies.--
(1) In general.--A member described in subsection (a)(1)
appointed to fill a vacancy shall serve for the remainder of
the term to which that member's predecessor was appointed.
(2) Change in status.--If any member described in
subsection (a)(1) becomes a Federal employee or employee of a
contractor of a Federal department or agency, such member may
continue as a member of the Board for not longer than the 60-
day period beginning on the date the member becomes such an
employee.
(g) Reappointment.--No member described in subsection (a)(1) may be
reappointed to the Board more than once unless such individual has not
served on the Board for a period of 30 months prior to the effective
date of such individual's appointment.
(h) Basic Pay.--
(1) Appointed members.--Members described in subsection
(a)(1) shall be entitled to receive compensation at rates fixed
by the President, but not to exceed the daily equivalent of the
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, including
travel time, for each day (including travel time) during which
they are engaged in the actual performance of their duties as
members of the Board.
(2) Prohibition on compensation of federal employees.--
Members described in subsection (a)(2) shall serve without
compensation.
(i) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(j) Bylaws.--
(1) In general.--The Board shall establish such bylaws and
other rules as may be appropriate to enable the Board to carry
out its functions under this Act.
(2) Quorum.--The bylaws described in paragraph (1) shall
include quorum requirements that meet the following
requirements:
(A) A proxy may not be counted for purposes of
establishing a quorum.
(B) Not less than half the members required for a
quorum shall be members described under subsection
(a)(1).
(k) Staff.--
(1) In general.--The heads of each department and agency
described in subsection (a)(2) shall make available to the
Board such technical, administrative, or other assistance as it
may require to carry out its functions under this section, and
the Board may hire such other advisers, technical experts, and
consultants as it deems necessary to assist it in carrying out
its functions under this section. Special advisory and
technical experts and consultants hired pursuant to this
paragraph shall, while performing their functions under this
section, be entitled to receive compensation at rates fixed by
the Chairperson, but not exceeding the daily equivalent of the
rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382 of title 5, United States Code,
including travel time, and while serving away from their homes
or regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of such title for persons in the
Government service employed intermittently.
(2) Required staff.--The Board shall hire an Executive
Director, hearing examiners, and such other professional and
clerical personnel as are necessary to carry out its functions
under this Act.
(3) Role of executive director.--The Executive Director
shall exercise general supervision over all personnel employed
by the Board (other than hearing examiners and their
assistants). The Executive Director shall have final authority
on behalf of the Board, with respect to the investigation of
alleged noncompliance and in the issuance of formal complaints
before the Board, and shall have such other duties as the Board
may prescribe.
(4) Role of hearing examiners.--The Board is authorized to
appoint as many hearing examiners as are necessary for
proceedings required to be conducted under this section. The
provisions applicable to hearing examiners appointed under
section 3105 of title 5, United States Code, shall apply to
hearing examiners appointed under this subsection. An order of
compliance issued by a hearing examiner shall be deemed to be
an order of the Board.
(l) Powers of Board.--
(1) In general.--The Board shall conduct investigations,
hold public hearings, and issue orders of compliance in
accordance with the requirements under this section as the
Board deems necessary to carry out its responsibilities under
this section.
(2) Orders of compliance.--
(A) In general.--The provisions of subchapter II of
chapter 5, and chapter 7 of title 5, United States
Code, shall apply to procedures under this subsection,
and an order of compliance issued by the Board in
accordance with subparagraph (B) shall be a final order
for purposes of judicial review. Any such order
affecting any Federal department, agency, or
instrumentality of the United States shall be final and
binding on such department, agency, or instrumentality.
Pursuant to chapter 7 of title 5, United States Code,
any complainant or participant in a proceeding under
this subsection may obtain review of a final order
issued in such proceeding.
(B) Approval process.--
(i) In general.--Before the Board issues an
order of compliance, the Board shall submit
such order to the Director of the Office of
Management and Budget for review. The Board may
not issue an order of compliance that has not
been approved by the Director.
(ii) Deadline.--Not later than 14 days
after receiving an order of compliance from the
Board for review under clause (i), the Director
of the Office of Management and Budget shall
approve or suggest a modification to such
order. In the case that the Director does not
act to approve or suggest a modification to
such order before the expiration of such
period, such inaction shall be deemed to be an
approval of such order by the Director. In the
event that the Director suggests a modification
of the order, the Board may review and revise
such modifications and shall resubmit the order
to the Director for review within 30 days.
(C) Assistance.--The Board or the Director of the
Office of Management and Budget may request the
Inspector General of a Federal department or agency
subject to an order of compliance issued by the Board
(or an equivalent official, as applicable) to assist
with investigating, monitoring, or enforcing such
Federal department or agency's compliance with such
order of compliance.
(3) Powers of executive director.--
(A) In general.--The Executive Director is
authorized, at the direction of the Board--
(i) in accordance with subparagraph (B), to
bring a civil action in any appropriate United
States district court to enforce, in whole or
in part, any final order of the Board under
this section;
(ii) to appear as amicus curiae, in any
court of the United States or in any court of a
State in civil actions that relate to this
section; and
(iii) except as provided in section 518(a)
of title 28, United States Code (relating to
litigation before the Supreme Court), to appear
for and represent the Board in any civil
litigation brought under this section.
(B) Approval process.--
(i) In general.--Before the Executive
Director may bring a civil action under
subparagraph (A)(i), the Executive Director
shall submit the applicable complaint to the
Director of the Office of Management and Budget
for review. The Executive Director may not file
such complaint and bring such civil action
without approval by the Director of the Office
of Management and Budget.
(ii) Deadline.--Not later than 14 days
after receiving a complaint described in
subparagraph (A) from the Executive Director
for review under clause (i), the Director of
the Office of Management and Budget shall
approve of filing or suggest a modification to
the complaint. In the case that the Director of
the Office of Management and Budget does not
act to approve, or suggest a modification to,
such complaint before the expiration of such
period, such inaction shall be deemed to be an
approval to file such complaint by the Director
of the Office of Management and Budget. In the
event that the Director suggests a modification
of the complaint the Board may review and
revise such modification and shall resubmit the
complaint to the Director for review within 30
days.
(m) Contract Authority.--The Board may make grants to, or enter
into contracts with, public or private organizations to carry out its
duties under subsection (c).
(n) Gifts, Bequests, and Devises.--
(1) In general.--The Board may accept, hold, administer,
and utilize gifts, devises, and bequests of property, both real
and personal, for the purpose of aiding and facilitating the
functions of the Board under subsection (c). Gifts and bequests
of money and proceeds from sales of other property received as
gifts, devises, or bequests shall be deposited in the Treasury
and shall be disbursed upon the order of the Chairperson.
Property accepted pursuant to this section, and the proceeds
thereof, shall be used as nearly as possible in accordance with
the terms of the gifts, devises, or bequests. For purposes of
Federal income, estate, or gift taxes, property accepted under
this section shall be considered as a gift, devise, or bequest
to the United States.
(2) Regulations.--The Board shall publish regulations
setting forth the criteria the Board will use in determining
whether the acceptance of gifts, devises, and bequests of
property, both real and personal, would reflect unfavorably
upon the ability of the Board or any employee to carry out the
responsibilities or official duties of the Board in a fair and
objective manner, or would compromise the integrity of or the
appearance of the integrity of a Government program or any
official involved in that program.
(o) Report.--Not later than 4 years after the date of enactment of
this Act, and every 2 years thereafter, the Board shall submit to
Congress and the President, and publish on a publicly accessible
website, a report that includes--
(1) information and recommendations regarding--
(A) the extent to which public-facing resources and
materials for federally conducted programs and
initiatives are accessible to individuals with limited
English proficiency, including any adjustments made to
improve such access since the last report was submitted
under this subsection; and
(B) the state of compliance with the language
access standards issued pursuant to section 4 and
language access provisions of law;
(2) a description and analysis of any investigations made
(other than investigations made pursuant to a complaint filed
under section 4(d)), and actions taken pursuant to such
investigations, by the Board since the last report was
submitted under this subsection as applicable; and
(3) a description and analysis of any complaints filed
under section 4(d) with the Board, including the number of
complaints, the topics of such complaints, the current status
or resolution of such complaints, and actions taken pursuant to
such complaints (including any investigations), since the last
report was submitted under this subsection as applicable.
SEC. 3. REVIEW OF LANGUAGE ACCESS PROVISIONS OF LAW.
(a) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Board shall complete a study of--
(A) language access requirements, including
statutory provisions, regulatory provisions, and
Executive orders, that Federal departments and agencies
must follow, including any adjustments that have been
made to such language access requirements over time;
(B) barriers that prevent individuals with limited
English proficiency from connecting with, accessing,
participating in, or receiving outreach related to
Federal programs and initiatives, including measures to
reduce such barriers;
(C) the effect that failures to provide accessible
services has on individuals with limited English
proficiency, including--
(i) any costs borne by such individuals and
the Federal Government as a result of such
failures;
(ii) reduced use of services by such
individuals; and
(iii) severe or adverse risks of critical
delays in receiving such services;
(D) Federal department and agency standards and
best practices regarding the qualifications and usage
of interpreters and translators, including the use of
machine translation and artificial intelligence, in
translating resources or materials for federally
conducted programs or initiatives; and
(E) the effect that failing to translate resources
or materials for federally conducted programs or
initiatives, including inaccurate or incomplete
translation of such resources or materials, has on the
ability of Federal departments and agencies to carry
out their responsibilities.
(2) Results.--Not later than 2 years after the date of
enactment of this Act, the Board shall--
(A) submit the results of the study required under
paragraph (1) to Congress and the President; and
(B) publish such results on a publicly accessible
website.
(b) Review.--Not later than 2 years after the date of enactment of
this Act, the Board shall conduct a review of language access
provisions of law and publish such results on a publicly accessible
website.
SEC. 4. LANGUAGE ACCESS REQUIREMENTS AND STANDARDS FOR PROGRAM
MATERIALS.
(a) Federal Departments and Agencies.--
(1) Requirements.--
(A) In general.--When developing public-facing
resources or materials for programs or initiatives
(including vital documents and websites), each Federal
department or agency shall ensure, unless an undue
burden would be imposed on the Federal department or
agency, that such resources or materials are accessible
to individuals with limited English proficiency in a
format and manner that is comparable to the
accessibility of such resources or materials to members
of the public who are not individuals with limited
English proficiency.
(B) Alternative means efforts.--In accordance with
paragraph (4), when the development of public-facing
resources or materials for programs or initiatives in
accordance with the standards published by the Board
under paragraph (2) would impose an undue burden, the
Federal department or agency shall provide individuals
with limited English proficiency covered by this
paragraph with such resources or materials in a format
and manner that allows such individuals to access such
resources or materials.
(2) Standards.--
(A) Initial standards.--
(i) In general.--Not later than 2 years
after the date of enactment of this Act and in
accordance with the requirements under
subparagraph (C), the Board, after consultation
with the heads of any Federal departments or
agencies that the Board determines to be
appropriate (including about relevant research
findings) and consultation with appropriate
public or nonprofit agencies or organizations,
including organizations representing
individuals with limited English proficiency,
shall issue and publish in the Federal
Register, standards setting forth the language
access criteria necessary to implement the
requirements set forth in paragraph (1).
(ii) Public comment period.--The Board
shall publish such standards in the Federal
Register for a 60-day public comment period to
ensure that stakeholders, including individuals
with limited English proficiency and
organizations representing such individuals,
have an adequate opportunity to provide input
on these standards. Not later than 30 days
after such 60-day public comment period, the
Board shall review and consider all timely
submitted comments and may revise the standards
as appropriate before submitting such standards
to the Director for review pursuant to
subparagraph (C).
(B) Review and amendment.--In accordance with the
requirements under subparagraph (C), beginning not
later than 5 years after the date of enactment of this
Act, and every 5 years thereafter, the Board shall
review and, as appropriate, amend such standards
published in subparagraph (A) to reflect--
(i) technological advances or changes in
electronic and information technology;
(ii) changes in Federal department and
agency programs and initiatives;
(iii) changes in the demographic data of
individuals with limited English proficiency
and of the communities such individuals belong
to; and
(iv) changes in the language access needs
of such individuals and communities.
(C) Approval process.--
(i) In general.--Before the Board issues or
amends the standards in accordance with
subparagraph (A) or (B), the Board shall submit
such standards to the Director of the Office of
Management and Budget for review. The Board may
not issue or amend such standards without
approval by the Director.
(ii) Deadlines.--
(I) In general.--Not later than 30
days after receiving the standards
(including amendments to such
standards) from the Board for review
under clause (i), the Director of the
Office of Management and Budget shall
approve or suggest a modification to
such standards. In the case that the
Director does not act to approve, or
suggest a modification to, such
standards before the expiration of such
period, such inaction shall be deemed
to be an approval of such standards by
the Director.
(II) Submission of revised
standards.--In the event that the
Director suggests a modification of the
standards, not later than 30 days after
receiving such modification, the Board
may review and revise such
modification, and submit to the
Director revised standards that
incorporate such revised modification.
(3) Incorporation of standards.--
(A) In general.--Not later than 6 months after the
Board publishes the standards required under paragraph
(2), each Federal department or agency shall revise
their language access policies and directives to
incorporate those standards.
(B) Revision.--Not later than 6 months after the
Board revises any standards required under paragraph
(2), each appropriate Federal department or agency
shall revise their language access policies and
directives, as necessary, to incorporate the revisions.
(4) Undue burden.--
(A) Request for waiver.--In the event that a
Federal department or agency determines that compliance
with a standard issued by the Board under paragraph (2)
imposes an undue burden related to a specific program,
initiative, or other activity of the Federal department
or agency, such Federal department or agency may
request a waiver for compliance with such standard and
provide the Board with documentation explaining why
such compliance would create an undue burden, which
shall--
(i) identify the standard creating the
undue burden;
(ii) describe the nature of the undue
burden; and
(iii) either--
(I) propose an alternative standard
to apply; or
(II) explain why applying an
alternative standard is not feasible.
(B) Review.--
(i) In general.--Not later than 30 days
after receiving a waiver request described in
subparagraph (A), the Board shall--
(I) grant or deny the waiver
request in accordance with clause (ii);
or
(II) request the Federal department
or agency that submitted the waiver
request to provide further information
by not later than 30 days after
receiving such request for further
information.
(ii) Criteria.--In determining whether to
grant or deny a waiver request described in
subparagraph (A), the Board shall consider--
(I) whether an individual with
limited English proficiency is likely
to interact with the Federal department
or agency that submitted the waiver
request, including an analysis of the
number or proportion of such
individuals served by such Federal
department or agency and the frequency
of contact with such department or
agency by such individuals;
(II) whether a failure to comply
with the applicable standard is likely
to result in significant harm,
including a denial of benefits or
diminished civil rights protections;
(III) the costs borne by such
Federal department or agency due to
compliance with the applicable
standard, including the resources
available to the Federal department or
agency; and
(IV) whether an alternative
standard can be applied that would
avoid causing such significant harm.
(iii) Duration.--A waiver granted under
this subparagraph shall be for a period of not
more than 2 years.
(iv) Record.--The Board shall maintain a
publicly accessible record of all waiver
requests described in subparagraph (A).
(C) Requirement.--The Board shall ensure that a
waiver granted under subparagraph (B) does not--
(i) result in the denial of meaningful
access to a federally conducted program or
initiative; or
(ii) relieve a Federal department or agency
of the obligation to take reasonable steps to
provide language assistance services.
(b) Technical Assistance.--The Board shall provide technical
assistance to individuals and Federal departments and agencies
concerning the requirements under this section.
(c) Evaluations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and every 2 years thereafter, the head
of each Federal department or agency shall, in accordance with
paragraph (2)--
(A) evaluate the extent to which the public-facing
resources and materials for programs and initiatives of
the department or agency are accessible to individuals
with limited English proficiency described in
subsection (a)(1), compared to the access to the
resources and materials by individuals described in
such subsection who are not individuals with limited
English proficiency;
(B) submit a report containing the evaluation to
Congress, the President, and the Board; and
(C) not later than 60 days after completing such
evaluation, take appropriate steps, based on such
evaluation, to update, modify, or amend the programs,
initiatives, and public-facing resources and materials
of the department or agency to improve accessibility
for individuals with limited English proficiency,
consistent with the most recent applicable standards
issued by the Board.
(2) Requirements.--An evaluation described in paragraph (1)
shall take into account the following:
(A) Language access compliance measures.
(B) Quality assurance standards.
(C) Federal program and initiative participant
outcomes.
(D) The use of qualified or certified interpreters
and translators.
(E) Training requirements for staff and
contractors.
(F) Stakeholder feedback.
(G) The impact of failing to provide accessible
programs and initiatives.
(H) Any other standards, activities, or information
related to programs or initiatives of the Federal
department or agency, as determined relevant by the
department or agency.
(d) Complaints.--
(1) In general.--
(A) Process.--Effective 6 months after the date of
publication by the Board of final standards described
in subsection (a)(2), any individual with limited
English proficiency (or an organization acting on
behalf of such an individual) may file a complaint with
the Board alleging that a Federal department or agency
fails to comply with the requirements under subsection
(a)(1).
(B) Application.--This subsection shall apply only
to public-facing resources or materials for programs or
initiatives of a Federal department or agency that are
produced by a Federal department or agency not less
than 6 months after the date of publication by the
Board of final standards described in subsection
(a)(2).
(C) Complaints submitted to the board.--In the case
that the Board determines that a complaint filed with
the Board is outside the jurisdiction of the Board, the
Board shall notify the individual who filed such
complaint of such determination and refer the
individual to the appropriate entity to investigate
such complaint as applicable.
(D) Complaints submitted to federal department or
agency.--In the case that a Federal department or
agency receives a complaint that falls under the
jurisdiction of the Board, the Federal department or
agency shall forward such complaint to the Board and
consult with the Board regarding how such complaint
should be investigated.
(E) Confidentiality.--Any information provided by
an individual under this subsection, including
personally identifying information, shall only be
utilized for the purposes of, and to the extent
necessary in, ensuring the efficient investigation of
their complaint. Any person or agency receiving
information from the Board shall use it only for the
purposes of ensuring efficient investigation of the
complaint.
(2) Corrective action plan.--
(A) In general.--In the case that the Board
investigates a complaint and determines that the
Federal department or agency implicated in the
complaint is not in compliance with the requirements
under subsection (a)(1), the Board shall collaborate
with the Federal department or agency to develop a
corrective action plan, which shall include--
(i) if determined appropriate by the Board,
a joint investigation by the Board and the
Federal department or agency of the language
access requirements and procedures of such
department or agency;
(ii) steps for the Federal department or
agency to take in order to make progress on
satisfying such requirements; and
(iii) a timeline for achieving compliance
with such requirements.
(B) Approval process.--
(i) In general.--Before a corrective action
plan developed pursuant to subparagraph (A) may
be entered into by the Board, the Board shall
submit such corrective action plan to the
Director of the Office of Management and Budget
for review. The Board may not enter into such
corrective action plan without approval by the
Director.
(ii) Deadlines.--
(I) In general.--Not later than 14
days after receiving a corrective
action plan described in subparagraph
(A) from the Board for review under
clause (i), the Director of the Office
of Management and Budget shall approve
or suggest a modification to such
corrective action plan. In the case
that the Director does not act to
approve, or suggest a modification to,
such corrective action plan before the
expiration of such period, such
inaction shall be deemed to be an
approval of such corrective action plan
by the Director.
(II) Submission of revised
corrective plan.--In the event that the
Director suggests a modification of the
corrective plan, not later than 30 days
after receiving such modification,
Board may review and revise such
modification, and submit to the
Director a revised corrective plan that
incorporates such revised modification.
(C) Monitoring.--The Board shall monitor the
progress of a Federal department or agency that
implements a corrective action plan described in
paragraph (A).
(D) Notice.--In the case that a corrective action
plan is developed under subparagraph (A) due to a
complaint received pursuant to paragraph (1)(A), not
later than 60 days after such plan is completed, the
Board shall notify the individual who submitted such
complaint in writing of whether the Federal department
or agency is now in compliance with the requirements
under subsection (a)(1) and of any additional steps the
Board plans to take regarding the complaint.
(E) Record.--The Board shall maintain a publicly
accessible record of all corrective action plans
described in subparagraph (A).
(3) Application to other federal laws.--This subsection
shall not be construed to limit any right, remedy, or procedure
otherwise available under any provision of Federal law
(including under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.)) that provides protection for the rights
of individuals with limited English proficiency, including the
ability to file a complaint pertaining to language access with
an entity other than the Board.
SEC. 5. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Federally conducted program or initiative.--
(A) In general.--The term ``federally conducted
program or initiative'' means any program, activity, or
operation that is directly administered by a Federal
agency including through its officers, employees, or
contractors acting on its behalf, in which the Federal
agency exercises day-to-day operational control over
program implementation, and that involves contact with
the public, the administration of Federal benefits, or
communication with members of the public or program
participants.
(B) Exclusions.--The term ``federally conducted
program or initiative'' does not include programs or
activities that are administered by a non-Federal
entity, including a State, local, Tribal, or
territorial government, or a private entity, even if
funded in part by the Federal Government but
administered by non-Federal entities, unless the
Federal Government exercises day-to-day direct
operational control (except that for purposes of this
paragraph Federal funding, rulemaking, approval of
plans or applications, or regulatory oversight shall
not, standing alone, constitute day-to-day operational
control).
(3) Individual with limited english proficiency.--The term
``individual with limited English proficiency'' means an
individual who--
(A) uses a primary language other than English; and
(B) has a limited ability to read, speak, write, or
understand English.
(4) Language access.--The term ``language access'' means
the ability of individuals with limited English proficiency to
meaningfully access and participate in programs, initiatives,
services, and activities, including the ability for such
individuals to engage in equitable and effective communication
regarding such programs, initiatives, services, and activities
through interpretation, translation, and other language
assistance services.
(5) Language access provision of law.--The term ``language
access provision of law'' means any provision of a Federal
statute, regulation, or Executive order, or a policy
established by a Federal department or agency to carry out or
comply with such a provision, that requires a Federal
department or agency to provide or ensure access to a federally
conducted program or initiative by individuals with limited
English proficiency and includes, with respect to a Federal
department or agency, a legal obligation (including a
requirement established by Federal statute, regulation, or
Executive order)--
(A) to provide language assistance or remove
language barriers in a specific programmatic context,
including in education, voting, health care, housing,
taxation, emergency response, nutrition assistance, and
the administration of justice;
(B) to ensure language access, including through
establishing standards for meaningful access to a
federally conducted program or initiative;
(C) related to the translation of public-facing
resources or materials for the programs or initiatives
of the Federal department or agency, including vital
documents and websites;
(D) related to the development and implementation
of a language access plan, including an obligation to
update such a plan;
(E) related to the quality, accuracy, and
confidentiality of interpretation and translation
services, including the use of qualified personnel and
artificial intelligence;
(F) to train staff and relevant personnel on
language access obligations and procedures;
(G) related to the collection and analysis of data
to assess language access needs and evaluate the
effectiveness of language access services; or
(H) related to monitoring, compliance, and
accountability mechanisms designed to ensure adherence
to language access requirements.
(6) Language assistance services.--The term ``language
assistance services'' means oral and written services used to
assist individuals with limited English proficiency meaningful
access to, and an equal opportunity to participate fully in,
the services, activities, and other programs administered by
the Federal Government.
(7) Meaningful access.--The term ``meaningful access''
means access that--
(A) results in accurate, timely, and effective
communication at no cost to the individual with limited
English proficiency; and
(B) is comparable to the access provided to
individuals who are proficient in English.
(8) Public-facing resources or materials.--
(A) In general.--The term ``public-facing resources
or materials'' means any information, communication, or
service produced or provided by a Federal agency or
department that is intended for routine access or use
by the general public to obtain general information
about, or assistance in accessing, Federal programs,
benefits, or services. Such term includes--
(i) written or printed materials commonly
required to be completed by members of the
public, including forms, applications, and
notices;
(ii) digital or online content designed for
general public use, including primary public
websites and commonly accessed web pages; and
(iii) public-facing service channels
through which individuals may obtain general
information or assistance, including telephone
hotlines, call centers, and in-person or
virtual assistance services.
(B) Exclusions.--The term ``public-facing resources
or materials'' does not include--
(i) technical, scientific, legal, or policy
materials primarily intended for specialized or
expert audiences; or
(ii) materials that are not routinely
accessed by or necessary for a reasonable
member of the general public to obtain
information or services from a Federal agency
or department.
(9) Vital document.--The term ``vital document'' means any
physical or digital material--
(A) required to be submitted by an individual
before such individual may obtain any aid, benefit,
service, or training provided under a federally
conducted program or initiative, including an
application related to such a program or initiative;
(B) required to be provided by Federal law,
including a notice of rights and responsibilities; or
(C) containing information critical for fully
participating in or understanding a federally conducted
program or initiative, including--
(i) a letter or notice that requires a
response from a beneficiary, applicant,
participant, or employee;
(ii) a consent form; or
(iii) a complaint form.
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