49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–660 

REGULATION IN PLAIN LANGUAGE ACT OF 2006 

SEPTEMBER 14, 2006.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. TOM DAVIS of Virginia, from the Committee on Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 4809] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Government Reform, to whom was referred 

the bill (H.R. 4809) to amend the provisions of chapter 35 of title 

44, United States Code, commonly referred to as the Paperwork 

Reduction Act, to ensure usability and clarity of information disseminated by Federal agencies, and to facilitate compliance with 

Federal paperwork requirements, having considered the same, report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Rollcall Votes ............................................................................................................ 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 5 

Committee Estimate ................................................................................................ 5 

Budget Authority and Congressional Budget Office Cost Estimate .................... 6 

Changes in Existing Law Made by the Bill, As Reported .................................... 6 


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COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

The Regulation in Plain Language Act of 2006 (H.R. 4809) would 

require that agencies write regulations in plain, understandable 

language. It would define best practices for plain language writing. 

The legislation would require agencies to identify a plain language 

coordinator, publish guidelines for agency implementation, provide 

training to their employees, and periodically report to Congress on 

their progress. 

When regulations are written in plain, understandable language 

it increases compliance, reduces implementation costs for agencies, 

increases transparency in government, allows for greater stakeholder input in the rulemaking process, and enhances the public 

trust of government. 

BACKGROUND AND NEED FOR LEGISLATION

James Madison wrote in the Federalist No. 62 that, ‘‘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 read, 

or so incoherent that they cannot be understood.’’ Since our founding, it has been recognized that coherence and clarity in our laws, 

and later regulations, are necessary for the creation of a strong republic. 

The need for clarity in rulemaking is even greater today because 

of the increase in the size of government and the multitude of regulations that exist. The burden of Federal regulations on the American public continues to grow. In a report authored for the US 

Small Business Administration’s Office of Advocacy, Professor 

Mark Crain of Lafayette College projected total off-budget regulatory costs for 2005 to be $1.1 trillion. Federal agencies that write, 

administer, and enforce regulations spent $38.3 billion in 2005 and 

employed over 235,000 employees, as reported by the joint 

Weidenbaum Center and Mercatus Center study. In 2005, the Federal Register included 73,870 pages and published 3,943 new final 

rules. Under this constant deluge of regulation, clear communication is necessary to accomplish the goals of those rules. 

The idea of using plain language in crafting regulations is not 

new to the federal government. During the 1970s, President Nixon 

encouraged the use of plain language when he ordered that the 

Federal Register be written in ‘‘layman’s terms.’’ President Carter 

issued Executive Orders that required regulations to be ‘‘easy-tounderstand by those who were required to comply with them.’’ In 

1993, President Clinton issued Executive Order 12866 and ordered 

that agencies draft their regulations ‘‘to be simple and easy to understand with the goal of minimizing the potential for uncertainty.’’ It also required agencies, when providing information to the public, 

that it ‘‘shall be in plain, understandable language.’’ In 1998 he 

continued his efforts to incorporate plain language in regulations 

by issuing a Presidential Memorandum that formalized the requirement for federal employees to write in plain language. The 

Memorandum stated the requirement clearly, ‘‘the Federal Government’s writing must be in plain language. By 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 


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the Government and the private sector time, effort, and money.’’

While the current administration does not have a formal plain language initiative, it does require agencies to follow the requirements 

found in Executive Order 12866, including the use of plain language. However, federal regulatory agencies continue to use ‘‘bureaucratic prose’’ and rarely try to incorporate plain language in 

their documents. 

On February 28, 2006, Chairwoman Candice Miller and Ranking 

Member Stephen Lynch of the Subcommittee on Regulatory Affairs 

introduced the Regulation in Plain Language Act (H.R. 4809). On 

March 1, 2006, the Subcommittee on Regulatory Affairs held a 

hearing entitled, ‘‘Plain Language Regulations: Helping the American Public Understand the Rules.’’ Chairwoman Miller described 

the benefits of using plain language including: saving the government and the taxpayer time, effort, and money. Federal agencies 

use of jargon, complex sentences, and ambiguous terms leads to 

frustration, confusion, and often non-compliance. She stated that 

‘‘you shouldn’t have to be a lawyer to apply for a small business 

loan.’’ One of the witnesses, Joseph Kimble, a professor at the 

Thomas Cooley School of Law in Michigan testified to the many 

empirical studies demonstrating the cost savings to businesses and 

government when plain language is used in regulation and communication with the public. One example he cited was of a rewritten 

U.S. Department of Veterans Affairs letter to veterans. After it was 

rewritten the number of calls to regional information centers decreased from 1100 a year to less than 200. Dr. Annetta Cheek, 

Vice-Chair of the Center for Plain Language, catalogued examples 

of government forms, letters, and rules that have been rewritten in 

plain language and the dramatic improvements in clarity. She 

spoke strongly in favor of the benefits of H.R. 4809 and what it 

could do to create more positive change in the federal government. 

The President of the National Small Business Association, Todd 

McCracken, reminded the panel about the disproportionate cost of 

compliance for small businesses. Those costs often include hiring 

outside assistance to comply with federal rules. 

Before the benefits of plain language can be realized, H.R. 4809 

needs to become law. In order for the federal government to realize 

the cost savings in compliance assistance and non-compliance and 

for businesses and taxpayers to reduce their frustration and burden 

associated with compliance, additional responsibilities for writing 

in plain language must be made statutory for all federal agencies. 

LEGISLATIVE HISTORY

Representatives Candice Miller and Stephen Lynch introduced 

the Regulation in Plain Language Act (H.R. 4809) on February 28, 

2006. On March 1, 2006, the Subcommittee on Regulatory Affairs 

held a hearing entitled, ‘‘Plain Language Regulations: Helping the 

American Public Understand the Rules’’ to investigate the need for 

legislation to improve the federal government’s performance in 

plain language writing and communication of regulations. 

On June 8, 2006, the Committee on Government Reform held a 

mark up of the Regulation in Plain Language Act (H.R. 4809). The 

Committee, with a quorum present, reported the bill favorably by 

rollcall vote, unanimously. 


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SECTION-BY-SECTION

Section 1. Short title 

This section would provide that the bill be referenced as the Regulation in Plain Language Act of 2006. 

Section 2. Definitions 

This section would define the words ‘‘agency’’ and ‘‘regulation’’ in 

their common and understood forms. 

Section 3. Procedures for ensuring usability and clarity in rulemaking 

Section 3(a) would amend provisions associated with the Paperwork Reduction Act to include a definition of plain language for the 

purposes of the bill. Plain language would be defined as language 

that is clear and readily understandable to the intended reader including: using short words, sentences, and paragraphs; using active 

verbs; explaining complex or technical terms; minimizing cross-references; using pictures, tables and other visual tools; organizing 

the document logically and chronologically; addressing separate audiences separately; placing general material before exceptions; and 

following other best practices of plain language writing. 

Section 3(b) would identify responsibilities of federal agencies to 

ensure regulations are written in plain language by requiring them 

to identify an agency official to coordinate these functions, to establish a process to implement these requirements, and to publish 

their guidelines to achieve plain language writing after consultation with other agencies and stakeholders. This subsection would 

also require that agencies provide training to their employees on 

plain language writing. Agencies would also be required to report 

to the House Committee on Government Reform and the Senate 

Committee on Homeland Security & Government Affairs annually 

for the first 2 years upon enactment and once every 3 years after 

that on implementation, consistency with other federal agency 

guidelines, and examples of improvements made to regulations as 

a result of their implementation of this law. 

EXPLANATION OF AMENDMENTS

No amendments were adopted in Committee. 

COMMITTEE CONSIDERATION

On June 8, 2006, the Committee met in open session and ordered 

reported favorably the bill, H.R. 4809, by voice vote, a quorum 

being present. 

ROLLCALL VOTES

No rollcall votes were taken on H.R. 4809. 

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 the terms and conditions of employment or access to public services and accommodations. This bill requires agencies to 


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write regulations in plain, understandable language. It defines best 

practices for plain language writing. The legislation would require 

agencies to identify a plain language coordinator, publish guidelines for agency implementation, provide training to their employees, and periodically report to Congress on their progress. As such 

this bill does not relate to employment or access to public services 

and accommodations. 

Legislative branch employees and their families, to the extent 

that they are otherwise eligible for the benefits provided by this 

legislation, have equal access to its benefits. 

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. 

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. 

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. 4809. 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 Mandate 

Reform Act, P.L. 104–4) requires a statement whether the provisions of the reported include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 

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. 

4809. 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. 


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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. 4809 from the Director of Congressional Budget Office: 

JUNE 20, 2006. 

Hon. TOM DAVIS, 

Chairman, Committee on Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4809, the Regulation in 

Plain Language Act of 2006. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 4809—Regulation in Plain Language Act of 2006 

H.R. 4809 would amend the Paperwork Reduction Act to require 

all federal agencies to ensure that regulations are written in plain 

language—clear and readily understandable to the intended reader. 

The legislation also would require each agency to designate a coordinator for its efforts to use plain language, establish a process to 

review compliance, publish guidelines on the use of plain language, 

require training for federal employees to use plain language, and 

provide regular reports on compliance. 

CBO estimates that implementing H.R. 4809 would cost less 

than $500,000 a year, subject to the availability of appropriated 

funds. 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 regulations 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 rulemaking documents. 

H.R. 4809 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

have no effect on 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, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate Aug 31 2005 02:43 Sep 16, 2006 Jkt 049006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR660.XXX HR660

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ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 44, UNITED STATES CODE 

* * * * * * * 

CHAPTER 35—COORDINATION OF FEDERAL 

INFORMATION POLICY 

SUBCHAPTER I—FEDERAL INFORMATION POLICY 

* * * * * * * 

§ 3502. Definitions 

As used in this subchapter— (1) * * * 

* * * * * * * 

(13) the term ‘‘recordkeeping requirement’’ means a requirement imposed by or for an agency on persons to maintain specified records, including a requirement to— (A) * * * 

* * * * * * * 

(D) report to third parties, the Federal Government, or 

the public regarding such records; øand¿ 

(14) the term ‘‘penalty’’ includes the imposition by an agency 

or court of a fine or other punishment; a judgment for monetary damages or equitable relief; or the revocation, suspension, 

reduction, or denial of a license, privilege, right, grant, or 

benefitø.¿; and 

(15) the term ‘‘plain language’’ means language that is clear 

and readily understandable to the intended reader and complies with the following standards: 

(A) Uses short words, sentences, and paragraphs. 

(B) Uses active verbs. 

(C) Contains explanations of legal, foreign, and technical 

terms, unless the terms are commonly understood. 

(D) Avoids defining terms that are commonly understood. 

(E) Uses personal pronouns to refer to affected persons 

and the responsible agency if helpful to improve clarity. 

(F) Minimizes cross-references. 

(G) Avoids sentences with double negatives or exceptions 

to exceptions. 

(H) Uses tables, diagrams, pictures, maps, and vertical 

lists to improve clarity. 

(I) Demonstrates logical organization. 

(J) Addresses separate audiences separately. 

(K) Places general material before exceptions and specialized information. 

(L) Addresses processes covered by a rule in chronological 

order. 

(M) Follows other best practices of plain language writing. 

* * * * * * * 


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§ 3506. Federal agency responsibilities 

(a) * * * 

* * * * * * * 

(d) With respect to information dissemination, each agency 

shall—

(1) * * * 

* * * * * * * 

(3) provide adequate notice when initiating, substantially 

modifying, or terminating significant information dissemination products; øand¿ 

(4) not, except where specifically authorized by statute—

(A) * * * 

* * * * * * * 

(D) establish user fees for public information that exceed 

the cost of disseminationø.¿; and 

(5) ensure that regulations are written in plain, understandable language consistent with the definition of ‘‘plain language’’

in section 3502(15) of this title, through—

(A) designating an agency official as plain language coordinator; 

(B) establishing a process for reviewing each regulation 

to ensure its compliance with this paragraph before publishing it in the Federal Register; 

(C) publishing guidelines to implement this paragraph—

(i) not later than 120 days after the date of the enactment of this paragraph; 

(ii) after consulting with other Federal agencies and 

the Interagency Committee on Government Information 

to promote consistency of application between agencies; 

and 

(iii) after consulting with affected stakeholders; 

(D) training employees who write regulations to write in 

plain language; 

(E) reporting to the Committee on Government Reform of 

the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate annually for the first 2 years after the date of the enactment 

of this paragraph and once every 3 years thereafter on compliance with this paragraph, including—

(i) agency implementation of its guidelines; 

(ii) agency actions to ensure consistency with other 

Federal agency guidelines; and 

(iii) examples of some of the changes made to draft 

regulations in the previous year to conform with this 

paragraph. 

* * * * * * * 

Æ 


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