[House Report 110-580]
[From the U.S. Government Publishing Office]




110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-580

======================================================================



 
        PLAIN LANGUAGE IN GOVERNMENT COMMUNICATIONS ACT OF 2008

                                _______
                                

 April 10, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3548]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Legislative History..............................................     3
Section-by-Section...............................................     4
Explanation of Amendments........................................     5
Committee Consideration..........................................     5
Rollcall Votes...................................................     5
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Constitutional Authority Statement...............................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Estimate...............................................     6
Budget Authority and Congressional Budget Office Cost Estimate...     7
Changes in Existing Law Made by the Bill, as Reported............     8

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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, to the maximum extent practicable, preserve and 
        enhance the role of English by using the English language in 
        all 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; or
          (4) 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.--Upon 
issuance of the report provided by the Comptroller General under 
section 5(c), the Federal Plain Language Guidelines and the Plain 
English Handbook published by the Securities and Exchange Commission 
shall be updated to incorporate the recommendations made by the 
Comptroller General.

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.

                          PURPOSE AND SUMMARY

    H.R. 3548, the Plain Language in Government Communications 
Act of 2008, was introduced on September 17, 2007, by Reps. 
Bruce Braley, W. Todd Akin, Dan Burton, James McGovern, and 
Nancy Boyda. H.R. 3548 requires federal agencies to use plain 
language in government documents related to obtaining a service 
or a benefit.

                  BACKGROUND AND NEED FOR LEGISLATION

    Government documents often can be complex and difficult to 
understand, particularly when they are not written clearly. To 
address this problem, President Clinton in 1998 issued a 
memorandum that, in part, required federal agencies to use 
plain language in all documents that explain how to obtain a 
benefit or service. This memorandum stated that ``[b]y using 
plain language, we send a clear message about what the 
Government is doing, what it requires, and what services it 
offers. Plain language saves the Government and the private 
sector time, effort, and money.''
    A few agencies still maintain plain language programs but 
efforts to promote plain language have waned. H.R. 3548 defines 
plain language and requires agencies to use plain language in 
any new document that explains how to obtain a service or a 
benefit or that is relevant to obtaining a service or a 
benefit. The bill ensures that many of the letters, forms, and 
other documents that people receive from the government will be 
written in a clear, understandable way. Under this bill, for 
example, the Social Security Administration would be required 
to use plain language in letters that provide beneficiaries 
information about Social Security.

                          LEGISLATIVE HISTORY

    H.R. 3548 was introduced on September 17, 2007, and 
referred to the Committee on Oversight and Government Reform. 
The Subcommittee on Information Policy, Census, and National 
Archives considered H.R. 3548 on January 29, 2008, and approved 
the bill by voice vote. The Committee considered H.R. 3548 on 
March 13, 2008, and ordered H.R. 3548 to be reported, as 
amended, by a voice vote.

                           SECTION-BY-SECTION

Section 1. Short title

    This section provides that the short title of H.R. 3548 is 
the ``Plain Language in Government Communications Act of 
2008.''

Section 2. Purpose

    This section identifies the purpose of the bill as 
improving the federal government's effectiveness and 
accountability to the public by promoting clear communication 
that the public can understand and use.

Section 3. Definitions

    This section includes the following definitions:
    The term ``agency'' means an Executive department, a 
government corporation, and an independent establishment; and
    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.

Section 4. Responsibilities of federal agencies

    Subsection (a) requires each agency, within one year of 
enactment, to use plain language in any covered document issued 
or substantially revised by the agency after the date of 
enactment and provides that agencies may use plain language in 
any revision of a covered document issued on or prior to the 
date of enactment. Subsection (a) also requires agencies to 
preserve the role of English to the maximum extent practicable 
by using the English language in covered documents. This 
section does not impact or affect protections regarding 
language access.
    Subsection (b) provides that an agency may follow either 
the guidance of the Securities and Exchange Commission's Plain 
English Handbook or the Federal Plain Language Guidelines. An 
agency may use its own plain language guidance as long as it is 
consistent with the Plain English Handbook, the Federal Plain 
Language Guidelines, and the recommendations of the Government 
Accountability Office (GAO) on plain language guidelines and 
best practices.
    Subsection (c) clarifies that nothing in the Act is 
intended to: prohibit the use of a language other than English; 
limit the preservation or use of Native Alaskan or Native 
American languages; disparage any language or discourage any 
person from learning or using a language; or be inconsistent 
with the Constitution.
    Subsection (d) defines ``covered document'' as any agency 
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. A covered document includes a letter, 
publication, form, notice, or instruction but does not include 
a regulation.
    Subsection (e) provides that each agency should, to the 
extent practicable and appropriate, use plain language in 
information collections under the Paperwork Reduction Act. This 
subsection is intended to encourage, but not require, agencies 
to write information collections in plain language.
    Subsection (f) requires the Federal Plain Language 
Guidelines and the Plain English Handbook to be updated to 
incorporate GAO's recommendations once GAO issues the report 
required by section 5(c).

Section 5. Reports to Congress

    Subsection (a) requires the head of each agency, within six 
months of enactment, to submit an initial report to the House 
Committee on Oversight and Government Reform and the Senate 
Committee on Homeland Security and Governmental Affairs 
describing how the agency intends to meet certain objectives. 
Those objectives are communicating the bill's requirements to 
agency employees, training agency employees to write in plain 
language, meeting the deadline set by section 4(a), ensuring 
ongoing compliance, designating a senior official to be 
responsible for implementation, and using, to the extent 
practicable and appropriate, plain language in regulations 
promulgated by the agency. Agencies are not required to write 
regulations in plain language.
    Subsection (b) requires the head of each agency to submit 
to the House Committee on Oversight and Government Reform and 
the Senate Committee on Homeland Security and Governmental 
Affairs a report on the agency's compliance with the bill and 
efforts to meet the objectives described in subsection (a) 
annually for the first two years following enactment and then 
once every three years.
    Subsection (c) requires GAO, within six months of 
enactment, to evaluate plain language guidance for agencies and 
provide to the Office of Management and Budget (OMB), the House 
Committee on Oversight and Government Reform, and the Senate 
Committee on Homeland Security and Governmental Affairs a 
report with recommendations on plain language guidelines and 
best practices for plain language.

                       EXPLANATION OF AMENDMENTS

    The following amendments were adopted in Committee:
    Mr. Braley offered an amendment, passed by voice vote, to 
clarify that documents relating to filing taxes are covered by 
the bill, to require GAO to evaluate existing plain language 
guidance and provide recommendations to Congress and OMB, and 
to require that GAO's recommendations be incorporated into the 
Federal Plain Language Guidelines and the Plain English 
Handbook.
    Ms. Foxx offered an amendment, which passed by voice vote, 
to require agencies to preserve the role of English to the 
maximum extent practicable by using the English language in 
covered documents.

                        COMMITTEE CONSIDERATION

    On Thursday, March 13, 2008, the Committee met in open 
session and favorably ordered H.R. 3548 to be reported to the 
House by a voice vote.

                             ROLLCALL VOTES

    No rollcall votes were held.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    H.R. 3548 requires executive branch agencies to use plain 
language in certain government documents. This bill does not 
relate to employment or access to public services and 
accommodations.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including the need for federal agencies to use 
plain language in government documents related to a service or 
benefit.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including requiring agencies to use plain 
language in government documents related to a service or 
benefit.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 3548. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       UNFUNDED MANDATE STATEMENT

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         EARMARK IDENTIFICATION

    H.R. 3548 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           COMMITTEE ESTIMATE

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3548. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3548 from the Director of 
the Congressional Budget Office:

                                                     April 8, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3548, the Plain 
Language in Government Communications Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 3548--Plain Language in Government Communications Act of 2007

    H.R. 3548 would amend federal law to require all federal 
agencies within one year to use plain language (clear and 
readily identifiable to the intended reader) in all documents, 
including letters, publications, and forms. The bill would 
encourage the use of plain language in federal data collection 
instruments and regulations. The legislation also would require 
the use of the English language to the maximum extent possible 
in all federal documents. Finally, H.R. 3548 would require each 
agency to designate a coordinator for its efforts to use plain 
language, review its compliance with the legislation, train 
employees to use plain language, and prepare reports to the 
Congress on compliance with the legislation.
    CBO estimates that implementing H.R. 3548 would cost up to 
$2 million a year for agencies to implement the additional 
employee training and reporting requirements, subject to the 
availability of appropriated funds. The bill could also affect 
direct spending by agencies not funded through annual 
appropriations, such as the Tennessee Valley Authority and the 
Bonneville Power Administration. CBO estimates, however, that 
any increase in spending by those agencies would not be 
significant.
    Most provisions of the bill would codify and expand current 
practices of the federal government. Executive Order 12866 and 
the Presidential Memorandum on Plain Language (June 1, 1998) 
currently require government agencies to write in language that 
is comprehensible to readers. Based on information from the 
Office of Management and Budget, CBO estimates that 
implementing this bill would not significantly increase the 
cost of preparing various paper or electronic documents used 
throughout the government.
    H.R. 3548 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law in this bill.

                                  
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