[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2337 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2337

 To require that Federal regulations use plain writing that is clear, 
 concise, well-organized, and follows other best practices appropriate 
             to the subject or field and intended audience.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2012

 Mrs. McCaskill (for herself, Ms. Collins, and Mr. Coburn) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require that Federal regulations use plain writing that is clear, 
 concise, well-organized, and follows other best practices appropriate 
             to the subject or field and intended audience.

    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 ``Plain Writing Act for Regulations of 
2012''.

SEC. 2. PURPOSE.

    The purpose of this Act is to require that Federal regulations use 
plain writing, to enhance public understanding of regulations, and to 
increase the level of public participation in the rulemaking process.

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) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Plain writing.--The term ``plain writing'' means 
        writing that is clear, concise, well-organized, and follows 
        other best practices appropriate to the subject or field and 
        intended audience.
            (4) 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.

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 
        enactment of this Act, the head of each agency shall--
                    (A) designate a senior official within the agency 
                to oversee the implementation of this Act by the 
                agency;
                    (B) ensure that the obligation of the agency to use 
                plain writing in no way diminishes the ability of the 
                agency to perform scientific analyses or technical 
                analyses, or disclose scientific data or technical data 
                or any other findings, that are required to be 
                performed or disclosed under chapter 5 of title 5, 
                United States Code, or any other provision of law;
                    (C) communicate the requirements of this Act to the 
                employees of the agency;
                    (D) train employees of the agency to write 
                regulations using plain writing;
                    (E) establish a process for overseeing the ongoing 
                compliance of the agency with the requirements of this 
                Act; and
                    (F) designate an employee of the agency to serve as 
                a point of contact to receive and respond to public 
                input on--
                            (i) the implementation of this Act by the 
                        agency; and
                            (ii) the agency reports required under 
                        section 6.
            (2) Individuals designated.--The individual designated 
        under subparagraph (A) or (F) of paragraph (1) may be the same 
        individual designated to carry out similar functions under the 
        Plain Writing Act of 2010 (5 U.S.C. 301 note).
    (b) Requirement To Use Plain Writing in New and Revised 
Regulations.--Not later than 12 months after the date of enactment of 
this Act, each agency shall use plain writing in accordance with the 
guidance issued by the Director under the Plain Writing Act of 2010 (5 
U.S.C. 301 note) in each proposed or final regulation issued or 
substantially revised by the agency.
    (c) Certification of Compliance.--For each proposed or final 
regulation 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 use plain writing.
    (d) Exemption From Certain Information Collection Provisions.--An 
agency action to collect information from the public about a regulation 
is 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 in accordance with this Act.

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

    (a) Guidance.--Not later than 6 months after the date of enactment 
of this Act, the Director shall develop and issue guidance on 
implementing the requirements of this Act that ensures that the head of 
each agency understands that the obligation of the agency to use plain 
writing does not in any way diminish the ability of the agency to 
perform scientific analyses or technical analyses, or disclose 
scientific data or technical data or any other findings, that are 
required to be performed or disclosed by chapter 5 of title 5, United 
States Code, or any other provision of law. The Director may designate 
a lead agency, and may use interagency working groups to assist in 
developing and issuing the guidance.
    (b) Publication of Certifications.--The Director shall publish each 
certification required under section 4(c) on the official website of 
the Office of Management and Budget.

SEC. 6. REPORTS.

    (a) Initial Report.--Not later than 9 months after the date of 
enactment of this Act, the head of each agency shall publish on the 
plain writing section of the website of the agency created under the 
Plain Writing Act of 2010 (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 enactment of this Act, and annually thereafter, the head of 
each agency shall publish on the plain writing section of the website 
of the agency a report on the compliance of the agency with the 
requirements of this Act.
    (c) GAO Report.--Not later than 18 months after the date of 
enactment of this Act, and annually thereafter, the Comptroller General 
of the United States shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Oversight and Government Reform of the House of Representatives that--
            (1) evaluates the extent to which regulations use plain 
        writing, by conducting a survey of different intended audiences 
        for a representative sample of major regulations that 
        measures--
                    (A) the level of comprehension of each respondent 
                for each regulation; and
                    (B) the satisfaction of each respondent with the 
                plain writing used in each regulation, focusing on 
                whether the regulation uses writing that is clear, 
                concise, well-organized, and follows other best 
                practices appropriate to the subject or field and 
                intended audience of the regulation;
            (2) assesses the extent to which plain writing helped 
        increase the level of public participation in the rulemaking 
        process; and
            (3) provides recommendations to--
                    (A) improve compliance with the requirements of 
                this Act; and
                    (B) better use plain writing to enhance public 
                understanding of regulations and increase public 
                participation in the rulemaking process.

SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY.

    (a) Judicial Review.--There shall 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>