Language Access Board Act of 2026

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.

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.

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.

Each member described in subsection (a)(1) shall be appointed for a term of 5 years, except as provided in paragraph 2.

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.

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.

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.

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.

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.

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.

Members described in subsection (a)(2) shall serve without compensation.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties under subsection (c).

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.

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.

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.

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.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

A waiver granted under this subparagraph shall be for a period of not more than 2 years.

The Board shall maintain a publicly accessible record of all waiver requests described in subparagraph (A).

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.

The Board shall provide technical assistance to individuals and Federal departments and agencies concerning the requirements under this section.

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

The Board shall monitor the progress of a Federal department or agency that implements a corrective action plan described in paragraph (A).

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.

The Board shall maintain a publicly accessible record of all corrective action plans described in subparagraph (A).

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.

The term agency has the meaning given that term in section 551 of title 5, United States Code.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.