[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3786 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3786

   To ensure clarity of regulations to improve the effectiveness of 
 Federal regulatory programs while decreasing burdens on the regulated 
                                public.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 2012

Mr. Braley of Iowa introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
   Oversight and Government Reform, 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 ensure clarity of regulations to improve the effectiveness of 
 Federal regulatory programs while decreasing burdens on the regulated 
                                public.

    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 referred to as the ``Plain Regulations Act of 
2012''.

SEC. 2. PURPOSE.

    The purpose of this Act is to improve the effectiveness and 
accountability of Federal agencies to the public by promoting clear 
regulations that are easier for the Government to implement and for the 
public to comply with.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means an Executive agency, 
        as that term is defined in section 105 of title 5, United 
        States Code.
            (2) Regulation.--The term ``regulation'' means a rule, as 
        that term is defined in section 551(4) of title 5, United 
        States Code, that is issued by an agency.
            (3) Plain language.--The term ``plain language'' means 
        language that is clear, concise, well-organized, and follows 
        other best practices appropriate to the subject or field and 
        intended audience.

SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Preparation for Implementation of Plain Writing Requirements 
for Regulations.--
            (1) In general.--Not later than 9 months after the date of 
        the enactment of this Act, the head of each agency shall--
                    (A) designate one or more senior officials within 
                the agency to oversee the agency implementation of this 
                Act;
                    (B) communicate the requirements of this Act to the 
                employees of the agency;
                    (C) train employees of the agency to use plain 
                language in developing and implementing regulations;
                    (D) establish a process for overseeing the ongoing 
                compliance of the agency with the requirements of this 
                Act; and
                    (E) designate one or more agency points-of-contact 
                to receive and respond to public input on--
                            (i) agency implementation of this Act; and
                            (ii) the agency reports required under 
                        section 6.
            (2) Persons designated.--Persons designated under paragraph 
        (1)(A) or (1)(E) may be the same persons designated to carry 
        out similar functions under the Plain Writing Act of 2010 
        (Public Law 111-272; 5 U.S.C. 301 note).
    (b) Requirement To Use Plain Language in New and Revised 
Regulations.--Not later than 12 months after the date of the enactment 
of this Act, each agency shall use plain language in accordance with 
the guidance issued by the Director of the Office of Management and 
Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5 
U.S.C. 301 note) in all new and substantially revised proposed and 
final regulations issued by the agency.
    (c) Certification of Compliance.--For each proposed or final rule 
issued by an agency, the head of the agency shall certify to the 
Director that the agency head has read the proposed or final rule and 
that the rulemaking documents are in plain language.
    (d) Exemption From Certain Information Collection Provisions.--
Agency actions to collect information from the public about a 
regulation are exempt from the information collection provisions of 
sections 3506(c) and 3507 of title 44, United States Code, if the 
agency head certifies that the sole reason for the information 
collection is to improve the clarity of the regulation under the 
requirements of this Act.

SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET.

    (a) Guidance.--Not later than 6 months after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget should develop and issue guidance on implementing the 
requirements of this Act. The Director may designate a lead agency, and 
may use interagency working groups to assist in developing and issuing 
the guidance.
    (b) Return of Regulations.--If the Director finds that, with 
respect to any regulation proposed to be issued by an agency, the 
agency did not follow the guidance issued by the Director under the 
Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note), the 
Director shall return the regulation to the agency to be redrafted in 
plain language and resubmitted to the Director for approval.
    (c) Publication of Certifications.--The Director shall publish the 
certifications from agency heads required under section 4(c) on the 
official Web site of the Office of Management and Budget.

SEC. 6. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 9 months after the date of the 
enactment of this Act, the head of each agency shall publish on the 
plain writing section of the agency's Web site created under the Plain 
Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report 
that describes the agency plan for compliance with the requirements of 
this Act.
    (b) Annual Compliance Report.--Not later than 18 months after the 
date of the enactment of this Act, and annually thereafter, the head of 
each agency shall publish on such plain writing section of the agency's 
Web site a report on agency compliance with the requirements of this 
Act.

SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY.

    (a) Judicial Review.--There may be no judicial review of compliance 
or noncompliance with any provision of this Act.
    (b) Enforceability.--No provision of this Act may be construed to 
create any right or benefit, substantive or procedural, enforceable by 
any administrative or judicial action.
                                 <all>