69–006 

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: 


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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.—


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(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. 


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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. 


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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. 


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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 ComVerDate Aug 31 2005 05:14 Apr 12, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR580.XXX HR580

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mittee 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 


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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. 

Æ 


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