(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;