[DOCID: f:hr580.110]
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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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