[Congressional Record Volume 154, Number 58 (Monday, April 14, 2008)]
[House]
[Pages H2237-H2239]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PLAIN LANGUAGE IN GOVERNMENT COMMUNICATIONS ACT OF 2008
Mr. BRALEY of Iowa. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3548) to enhance citizen access to Government
information and services by establishing plain language as the standard
style for Government documents issued to the public, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3548
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 Language in Government
Communications Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the Federal
Government's effectiveness and accountability to the public
by promoting clear communication that the public can
understand and use.
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) Plain language.--The term ``plain language'' means
language that the intended audience can readily understand
and use because it is clear, concise, well-organized, and
follows other best practices of plain language writing.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Requirement to Use Plain Language in New Documents.--
Within one year after the date of the enactment of this Act,
each agency--
(1) shall use plain language in any covered document of the
agency issued or substantially revised after the date of the
enactment of this Act;
(2) may use plain language in any revision of a covered
document issued on or before such date; and
(3) shall, when appropriate, use the English language in
covered documents.
(b) Guidance.--In implementing subsection (a), an agency
may follow either the guidance of the Plain English Handbook,
published by the Securities and Exchange Commission, or the
Federal Plain Language Guidelines. If any agency has its own
plain language guidance, the agency may use that guidance, as
long as it is consistent with the Federal Plain Language
Guidelines, the Plain English Handbook, published by the
Securities and Exchange Commission, and the recommendations
made by the Comptroller General under section 5(c).
(c) Additional Provisions Relating to Use of English
Language.--Nothing in this Act shall be construed--
(1) to prohibit the use of a language other than English;
(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
(3) to disparage any language or discourage any person from
learning or using a language;
(4) to impact or affect protections regarding language
access; or
(5) to be inconsistent with the Constitution of the United
States.
(d) Covered Document.--In this section, the term ``covered
document''--
(1) means any document that explains how to obtain a
benefit or service or file taxes, or that is relevant to
obtaining a benefit or service or filing taxes; and
(2) includes, whether in paper or electronic form, a
letter, publication, form, notice, or instruction but does
not include a regulation.
(e) Use of Plain Language by Agencies.--Each agency should,
to the extent practicable and appropriate, use plain language
in any collection of information (as defined in section
3502(3)(A)(i) of title 44, United States Code).
(f) Incorporation of Comptroller General Recommendations.--
(1) Reports.--
(A) Federal aviation administration.--The Administrator of
the Federal Aviation Administration, acting through the Plain
Language Action and Information Network, shall submit to the
committees described in paragraph (2) a report on whether the
recommendations made by the Comptroller General in the report
under section 5(c) have been incorporated into the Federal
Plain Language Guidelines described in subsection (b), and,
if such recommendations have not been incorporated, an
explanation of why they have not been incorporated.
(B) Securities and exchange commission.--The Securities and
Exchange Commission shall submit to the committees described
in paragraph (2) a report on whether the recommendations made
by the Comptroller General in the report under section 5(c)
have been incorporated into the Plain English Handbook
described in subsection (b), and, if such recommendations
have not been incorporated, an explanation of why they have
not been incorporated.
(2) Committees.--The committees described in this paragraph
are the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(3) Deadline.--The reports required under paragraph (1)
shall be submitted within six months after the issuance of
the report provided by the Comptroller General under section
5(c).
SEC. 5. REPORTS TO CONGRESS.
(a) Initial Report.--Within six months after the date of
the enactment of this Act, the head of each agency shall
submit to the Committee on Oversight and Government Reform of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report that
describes how the agency intends to meet the following
objectives:
(1) Communicating the requirements of this Act to agency
employees.
(2) Training agency employees to write in plain language.
(3) Meeting the deadline set forth in section 4(a).
(4) Ensuring ongoing compliance with the requirements of
this Act.
(5) Designating a senior official to be responsible for
implementing the requirements of this Act.
(6) Using, to the extent practicable and appropriate, plain
language in regulations promulgated by the agency.
(b) Annual and Other Reports.--
(1) The head of each agency shall submit to the Committee
on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on--
(A) compliance with this Act; and
(B) the agency's continued efforts to meet the objectives
specified in subsection (a).
(2) A report under this subsection shall be submitted--
(A) annually for the first two years after the date of the
enactment of this Act; and
(B) once every three years thereafter.
(c) Evaluation and Report by Comptroller General.--Within
six months after the date of the enactment of this Act, the
Comptroller General shall evaluate existing guidance for
agencies on writing in plain language, including the guidance
listed in section 4(b), and provide to the Office of
Management and Budget, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report providing recommendations on--
(1) plain language guidelines; and
(2) best practices for plain language.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Iowa (Mr. Braley) and the gentlewoman from North Carolina (Ms. Foxx)
each will control 20 minutes.
The Chair recognizes the gentleman from Iowa.
General Leave
Mr. BRALEY of Iowa. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Iowa?
There was no objection.
Mr. BRALEY of Iowa. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, last September, I introduced H.R. 3548, the Plain
Language in Government Communications Act, and I rise today to talk
about the responsibility of this government to communicate effectively
with its constituents.
I know that lawyers are often blamed for the legalese that makes
government documents so difficult to read and understand. Some might
find it unusual that this ``Plain Language'' bill was introduced by
someone who practiced law for 23 years before being elected to
Congress. They might be surprised to learn that the use of clear,
[[Page H2238]]
concise language in communications has been a passion of mine since I
began practicing law in 1983, when the Iowa Supreme Court adopted plain
language requirements for jury instructions. Since that time, I have
been writing and speaking about the importance of using plain language
to improve both written and spoken communications.
I was proud to introduce the Plain Language in Government
Communications Act, a bill that requires the Federal Government to
write documents such as letters from the Social Security Administration
or a notice from the Department of Veterans Affairs in simple, easy-to-
understand language. This bill has been endorsed by a broad array of
organizations, including the AARP, National Federation of Independent
Businesses, Disabled American Veterans, the Small Business Association,
Women Impacting Policy, the American Nurses Association, and the
American Library Association.
I want to thank the Information Policy Subcommittee Chairman William
Lacy Clay and Ranking Member Michael Turner, as well as Oversight and
Government Reform Chairman Henry Waxman and Ranking Member Tom Davis
for their support of this important legislation. I am pleased that this
bill has such strong bipartisan support and passed unanimously in both
of these committees.
Anyone who has done their own taxes knows the headache of trying to
understand pages and pages of confusing forms and instructions. There
is no reason why the Federal Government can't write tax documents and
other public documents in language we can all understand.
Writing government documents in plain language will increase
government accountability and will save Americans time and money.
Plain, straightforward language makes it easy for taxpayers to
understand what the Federal Government is doing and what services it's
offering.
Small businesses will also see substantial benefits by eliminating
Federal gobbledygook. Small businesses often have limited resources and
are forced to hire lawyers and outside consultants to navigate the maze
of Federal paperwork and convoluted language.
The National Federation of Independent Businesses estimates that the
average per hour cost of paperwork and record keeping for small
businesses is $48.72 per hour. The use of clear, easy-to-understand
language in government paperwork will substantially reduce burdens on
small businesses.
The Plain Language in Government Communications Act will require the
Federal Government to write new publications, forms and publicly
distributed documents in a clear, concise, well organized manner that
follows the best practices of plain language writing.
I have in my hand the Plain Language Handbook that's already being
used by the Securities Exchange Commission, along with the Federal
Plain Language guidelines which were adopted under another plain
language initiative that began under President Clinton. These
guidelines make it clear that the ultimate purpose of any communication
from the Federal Government should be to reach the intended audience,
the constituents and citizens of this country, in language they can
understand and act upon.
Using complex language in government forms, letters, notices and
instructions imposes unnecessary hardships on citizens. Replacing
complex language with plain language will improve services to the
public, save time agencies spend answering questions about what
documents mean, and make it easier to hold government agencies
accountable for their work.
This document to my right is a perfect example of what I'm talking
about when I talk about the problem posed by using gobbledygook in
Federal communications. This is a quote from a former Secretary of
Defense, and it says, ``There are known knowns. These are things we
know we know. There are known unknowns. That is to say, there are some
things we know we don't know. But there are also unknown unknowns.
These are things we don't know we don't know.''
{time} 1515
That is the problem we are trying to address with this bill.
One other example is this language from a Federal contract requiring
investigations of contracts to make sure that they are living up to the
purpose that they were intended to perform. This is the original
language that was contained in the contracting compliance document, and
it covers almost an entire page. The plain language version of that
same admonition says simply: ``We will take two steps to look at this
matter. We will find out if it was an error or a fraud, and we will let
you know the result.'' Clear, concise, and directed to the intended
audience.
Finally, one of the best examples of the cost-savings potential is
this Veterans Administration form that was used to respond to concerns
raised by veterans seeking assistance with their benefits. An old
letter that was not drafted in plain language generated an average of
91.4 calls per month, a total of 10,968 calls in a year. After that
same form was drafted using these very basic plain language guidelines,
they resulted in only 16 calls per month and a total of 1,900 calls for
the entire year. You can imagine the enormous savings of time at the
Veterans Administration responding to concerns from veterans seeking
assistance when you reduce it by that much.
Mr. Speaker, it's important to clarify that nothing in this bill is
intended to impact the Civil Rights Act of 1964, Executive Order 13166,
Department of Justice LEP Guidance, any agency LEP guidance, or any
other statute, executive order, agency guidance, regulation, or court
order regarding language access.
I hope this bill makes it easier for Americans and small businesses
to work with and understand their government. I also hope that in some
small way, this bill honors the memory of our former colleague, Maury
Maverick, Sr., who served two terms in the House from 1935 to 1939.
Congressman Maverick invented the term ``gobbledygook'' to describe
bureaucratic language that was as hard to understand as the call of
wild turkeys in his native South Texas.
I want to thank all of my colleagues on both sides of the aisle who
join me today in standing up for plain language, in standing up for
effective communications with our constituents, in standing up for
small business owners, and in standing up for taxpayers, who will see
significant cost savings when this bill is signed into law.
Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 3548, the Plain
Language in Government Communications Act of 2008. This legislation
would enhance citizen access to government information services by
promoting the use of ``plain language'' in government documents issued
to the public.
Writing in plain language doesn't mean writing only about simple
things. It means writing well about anything the government writes
about.
During committee consideration of this legislation, Republican
amendments were adopted that further the cause of requiring the use of
plain language. Mr. Sali succeeded in revising the bill to require
plain language be used in preparing collections of information,
primarily tax documents, as well as regulations issued by Federal
agencies. In addition, the committee accepted an amendment I offered to
promote the use of the English language in documents.
I have been a consistent advocate in Congress of improving government
accountability, responsiveness, and transparency. I believe this
legislation is consistent with these efforts.
I urge my colleagues to support the Plain Language in Government
Communications Act of 2008.
Mr. Speaker, I yield such time as he may consume to my colleague from
Idaho (Mr. Sali).
Mr. SALI. Mr. Speaker, as you sit down to beat the April 15 deadline
for filing your tax returns, consider this: In 1913 the IRS tax form,
that's singular, ``form,'' was 1 page, and the entire Tax Code was a
mere 14 pages long. Today the Tax Code consists of an amazing 15,758
pages bound in 22 volumes. James Madison's words ring true when he
said, ``It will be of little avail to the people that the laws are made
by men of their own choice if the laws be so voluminous that they
cannot be
[[Page H2239]]
read or so incoherent that they cannot be understood.''
Today this Chamber is addressing a commonsense measure, one dedicated
to James Madison's proposition that the laws governing us should be
readily understood by average citizens.
No one enjoys paying taxes, but at the very least the forms should be
readable and understandable to the average American. Americans should
be able to tell quickly and easily whether they're paying too much or
too little in taxes. It should not take an attorney to figure it out.
It is imperative that Americans know just what is being asked of
them, and that is why plain language in tax forms and instructions is
so important.
The Plain Language in Government Communications Act will enhance
citizen access to government information and services by promoting the
use of plain language in government documents issued to the public.
When the Subcommittee on Information Policy, Census, and National
Archives addressed this bill in January, I raised concerns that the
bill only focused on documents relating to benefits or services. Since
that time I have worked with Congressman Braley to find a way to expand
the scope of this bill to include things like tax forms, instructions,
surveys, and other similar documents. These changes appear in the text
under consideration today, requiring that tax forms and instructions be
made available in plain, straightforward language.
During this time of year, we all recognize the importance of plain
language as we tackle tax forms. It is my hope that this bill will
become law, which will lessen the burden of government on taxpayers.
I urge my colleagues to support this important and commonsense
measure.
Mr. BRALEY. Mr. Speaker, I yield myself such time as I may consume.
I want to thank my colleague from Idaho for working to improve this
bill and also for sharing my passion for making sure that the Federal
Government is doing everything it can to communicate clearly and
effectively with the citizens and taxpayers of this country.
I also want to thank my colleague from North Carolina for her
excellent point that adopting plain language requirements does nothing
to dumb down the intent and purpose of these Federal documents. In
fact, the whole point of adopting plain language guidelines is to
improve the effectiveness and the clarity of these documents so that
the average person who interacts with them on a daily basis is able to
respond directly to the responsibilities laid out under the Federal
statutes and regulations and perform the obligations that they are
required to by law.
So I want to thank my colleagues on both sides of the aisle for
having enormous opportunities to make this a bill that I think we can
all be proud of, one that our constituents back home will benefit from,
and one that will save, most significantly, the taxpayers of this
country, in my belief, millions and millions of dollars.
Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I am very, very pleased with this bill and
urge all Members to support the passage of H.R. 3548.
Mr. Speaker, I yield back the balance of my time.
Mr. BRALEY. Mr. Speaker, at this time I would just like to remind
everyone that one of the points of the bill is it to save taxpayers
money. The example that I used earlier from the Jackson, Mississippi,
Veterans Benefits Administration where they changed the form that
allowed them to reduce substantially the number of requests they got
from veterans seeking help with their disability benefits saved $10,000
in one year, just that one form. And if you think about the multiplier
effect of applying plain language guidelines to documents in every
Federal agency that are being sent out to citizens and taxpayers, the
enormous potential at savings is something that I think we will all be
proud of once this bill is signed into law by the President.
With that, I urge its passage.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Iowa (Mr. Braley) that the House suspend the rules and
pass the bill, H.R. 3548, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BRALEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________