Procedures for ensuring usability and clarity in rulemaking

(a)

Definition of plain language

Section 3502 of title 44, United States Code, is amended— (1)by striking and at the end of paragraph (13); (2)by striking the period and inserting ; and at the end of paragraph (14); and (3)by adding at the end the following new paragraph:

(15)the term plain language means language that is clear and readily understandable to the intended reader and complies with the following standards: (A)Uses short words, sentences, and paragraphs. (B)Uses active verbs. (C)Contains explanations of legal, foreign, and technical terms, unless the terms are commonly understood. (D)Avoids defining terms that are commonly understood. (E)Uses personal pronouns to refer to affected persons and the responsible agency if helpful to improve clarity. (F)Minimizes cross-references. (G)Avoids sentences with double negatives or exceptions to exceptions. (H)Uses tables, diagrams, pictures, maps, and vertical lists to improve clarity. (I)Demonstrates logical organization. (J)Addresses separate audiences separately. (K)Places general material before exceptions and specialized information. (L)Addresses processes covered by a rule in chronological order. (M)Follows other best practices of plain language writing.

(b)

Responsibility of Federal agencies to promote plain language

Section 3506(d) of title 44, United States Code, is amended— (1)by striking and at the end of paragraph (3); (2)by striking the period at the end of paragraph (4) and inserting ; and; and (3)by adding at the end the following new paragraph:

(5)ensure that regulations are written in plain, understandable language consistent with the definition of plain language in section 3502(15) of this title, through— (A)designating an agency official as plain language coordinator; (B)establishing a process for reviewing each regulation to ensure its compliance with this paragraph before publishing it in the Federal Register; (C)publishing guidelines to implement this paragraph— (i)not later than 120 days after the date of the enactment of this paragraph; (ii)after consulting with other Federal agencies and the Interagency Committee on Government Information to promote consistency of application between agencies; and (iii)after consulting with affected stakeholders; (D)training employees who write regulations to write in plain language; (E)reporting to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate annually for the first 2 years after the date of the enactment of this paragraph and once every 3 years thereafter on compliance with this paragraph, including— (i)agency implementation of its guidelines; (ii)agency actions to ensure consistency with other Federal agency guidelines; and (iii)examples of some of the changes made to draft regulations in the previous year to conform with this paragraph.