I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be referred to as the ‘‘Plain Regula5 tions Act of 2012’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to improve the effective8 ness and accountability of Federal agencies to the public 


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1 by promoting clear regulations that are easier for the Gov2 ernment to implement and for the public to comply with. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ means an 

6 Executive agency, as that term is defined in section 

7 105 of title 5, United States Code. 

8 (2) REGULATION.—The term ‘‘regulation’’ 

9 means a rule, as that term is defined in section 

10 551(4) of title 5, United States Code, that is issued 

11 by an agency. 

12 (3) PLAIN LANGUAGE.—The term ‘‘plain lan13 guage’’ means language that is clear, concise, well14 organized, and follows other best practices appro15 priate to the subject or field and intended audience. 

16 SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. 

17 (a) PREPARATION FOR IMPLEMENTATION OF PLAIN

18 WRITING REQUIREMENTS FOR REGULATIONS.— 

19 (1) IN GENERAL.—Not later than 9 months 

20 after the date of the enactment of this Act, the head 

21 of each agency shall— 

22 (A) designate one or more senior officials 

23 within the agency to oversee the agency imple24 mentation of this Act; 


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1 (B) communicate the requirements of this 

2 Act to the employees of the agency; 

3 (C) train employees of the agency to use 

4 plain language in developing and implementing 

5 regulations; 

6 (D) establish a process for overseeing the 

7 ongoing compliance of the agency with the re8 quirements of this Act; and 

9 (E) designate one or more agency points10 of-contact to receive and respond to public 

11 input on— 

12 (i) agency implementation of this Act; 

13 and 

14 (ii) the agency reports required under 

15 section 6. 

16 (2) PERSONS DESIGNATED.—Persons des17 ignated under paragraph (1)(A) or (1)(E) may be 

18 the same persons designated to carry out similar 

19 functions under the Plain Writing Act of 2010 (Pub20 lic Law 111–272; 5 U.S.C. 301 note). 

21 (b) REQUIREMENT TO USE PLAIN LANGUAGE IN

22 NEW AND REVISED REGULATIONS.—Not later than 12 

23 months after the date of the enactment of this Act, each 

24 agency shall use plain language in accordance with the 

25 guidance issued by the Director of the Office of ManageVerDate Mar 15 2010 01:18 Jan 19, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3786.IH H3786

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1 ment and Budget under the Plain Writing Act of 2010 

2 (Public Law 111–274; 5 U.S.C. 301 note) in all new and 

3 substantially revised proposed and final regulations issued 

4 by the agency. 

5 (c) CERTIFICATION OF COMPLIANCE.—For each pro6 posed or final rule issued by an agency, the head of the 

7 agency shall certify to the Director that the agency head 

8 has read the proposed or final rule and that the rule9 making documents are in plain language. 

10 (d) EXEMPTION FROM CERTAIN INFORMATION COL11 LECTION PROVISIONS.—Agency actions to collect informa12 tion from the public about a regulation are exempt from 

13 the information collection provisions of sections 3506(c) 

14 and 3507 of title 44, United States Code, if the agency 

15 head certifies that the sole reason for the information col16 lection is to improve the clarity of the regulation under 

17 the requirements of this Act. 

18 SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT 

19 AND BUDGET. 

20 (a) GUIDANCE.—Not later than 6 months after the 

21 date of the enactment of this Act, the Director of the Of22 fice of Management and Budget should develop and issue 

23 guidance on implementing the requirements of this Act. 

24 The Director may designate a lead agency, and may use 


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1 interagency working groups to assist in developing and 

2 issuing the guidance. 

3 (b) RETURN OF REGULATIONS.—If the Director 

4 finds that, with respect to any regulation proposed to be 

5 issued by an agency, the agency did not follow the guid6 ance issued by the Director under the Plain Writing Act 

7 of 2010 (Public Law 111–274; 5 U.S.C. 301 note), the 

8 Director shall return the regulation to the agency to be 

9 redrafted in plain language and resubmitted to the Direc10 tor for approval. 

11 (c) PUBLICATION OF CERTIFICATIONS.—The Direc12 tor shall publish the certifications from agency heads re13 quired under section 4(c) on the official Web site of the 

14 Office of Management and Budget. 

15 SEC. 6. REPORTS TO CONGRESS. 

16 (a) INITIAL REPORT.—Not later than 9 months after 

17 the date of the enactment of this Act, the head of each 

18 agency shall publish on the plain writing section of the 

19 agency’s Web site created under the Plain Writing Act of 

20 2010 (Public Law 111–274; 5 U.S.C. 301 note) a report 

21 that describes the agency plan for compliance with the re22 quirements of this Act. 

23 (b) ANNUAL COMPLIANCE REPORT.—Not later than 

24 18 months after the date of the enactment of this Act, 

25 and annually thereafter, the head of each agency shall 


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1 publish on such plain writing section of the agency’s Web 

2 site a report on agency compliance with the requirements 

3 of this Act. 

4 SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY. 

5 (a) JUDICIAL REVIEW.—There may be no judicial re6 view of compliance or noncompliance with any provision 

7 of this Act. 

8 (b) ENFORCEABILITY.—No provision of this Act may 

9 be construed to create any right or benefit, substantive 

10 or procedural, enforceable by any administrative or judi11 cial action. 

Æ 


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