II 

Calendar No. 321 

111TH CONGRESS 

2D SESSION H. R. 946 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2010 

Received; read twice and placed on the calendar 

AN ACT 

To enhance citizen access to Government information and 

services by establishing that Government documents 

issued to the public must be written clearly, and for 

other purposes. 

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


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 Executive agency, as defined under section 105 of 

5 title 5, United States Code. 

6 (2) COVERED DOCUMENT.—The term ‘‘covered 

7 document’’— 

8 (A) means any document that— 

9 (i) is relevant to obtaining any Fed10 eral Government benefit or service or filing 

11 taxes; 

12 (ii) provides information about any 

13 Federal Government benefit or service; or 

14 (iii) explains to the public how to com15 ply with a requirement the Federal Gov16 ernment administers or enforces; 

17 (B) includes (whether in paper or elec18 tronic form) a letter, publication, form, notice, 

19 or instruction; and 

20 (C) does not include a regulation. 

21 (3) PLAIN WRITING.—The term ‘‘plain writing’’ 

22 means writing that the intended audience can read23 ily understand and use because that writing is clear, 

24 concise, well-organized, and follows other best prac25 tices of plain writing. 


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1 SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. 

2 (a) PREPARATION FOR IMPLEMENTATION OF PLAIN

3 WRITING REQUIREMENTS.— 

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

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

6 each agency shall— 

7 (A) designate 1 or more senior officials 

8 within the agency to oversee the agency imple9 mentation of this Act; 

10 (B) communicate the requirements of this 

11 Act to the employees of the agency; 

12 (C) train employees of the agency in plain 

13 writing; 

14 (D) establish a process for overseeing the 

15 ongoing compliance of the agency with the re16 quirements of this Act; 

17 (E) create and maintain a plain writing 

18 section of the agency’s website that is accessible 

19 from the homepage of the agency’s website; and 

20 (F) designate 1 or more agency points-of21 contact to receive and respond to public input 

22 on— 

23 (i) agency implementation of this Act; 

24 and 

25 (ii) the agency reports required under 

26 section 5. 


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1 (2) WEBSITE.—The plain writing section de2 scribed under paragraph (1)(E) shall— 

3 (A) inform the public of agency compliance 

4 with the requirements of this Act; and 

5 (B) provide a mechanism for the agency to 

6 receive and respond to public input on— 

7 (i) agency implementation of this Act; 

8 and 

9 (ii) the agency reports required under 

10 section 5. 

11 (b) REQUIREMENT TO USE PLAIN WRITING IN NEW

12 DOCUMENTS.—Beginning not later than 1 year after the 

13 date of enactment of this Act, each agency shall use plain 

14 writing in every covered document of the agency that the 

15 agency issues or substantially revises. 

16 (c) GUIDANCE.— 

17 (1) IN GENERAL.—Not later than 6 months 

18 after the date of enactment of this Act, the Director 

19 of the Office of Management and Budget shall de20 velop and issue guidance on implementing the re21 quirements of this section. The Director may des22 ignate a lead agency, and may use interagency work23 ing groups to assist in developing and issuing the 

24 guidance. 


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1 (2) INTERIM GUIDANCE.—Before the issuance 

2 of guidance under paragraph (1), agencies may fol3 low the guidance of— 

4 (A) the writing guidelines developed by the 

5 Plain Language Action and Information Net6 work; or 

7 (B) guidance provided by the head of the 

8 agency that is consistent with the guidelines re9 ferred to in subparagraph (A). 

10 SEC. 5. REPORTS TO CONGRESS. 

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

12 the date of enactment of this Act, the head of each agency 

13 shall publish on the plain writing section of the agency’s 

14 website a report that describes the agency plan for compli15 ance with the requirements of this Act. 

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

17 18 months after the date of enactment of this Act, and 

18 annually thereafter, the head of each agency shall publish 

19 on the plain writing section of the agency’s website a re20 port on agency compliance with the requirements of this 

21 Act. 

22 SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY. 

23 (a) JUDICIAL REVIEW.—There shall be no judicial re24 view of compliance or noncompliance with any provision 

25 of this Act. 


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1 (b) ENFORCEABILITY.—No provision of this Act shall 

2 be construed to create any right or benefit, substantive 

3 or procedural, enforceable by any administrative or judi4 cial action. 

5 SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR 

6 THIS ACT. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the House Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Passed the House of Representatives March 17, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 321 

111TH CONGRESS 

2D SESSION H. R. 946 

AN ACT 

To enhance citizen access to Government informawritten clearly, and for other purposes. ment documents issued to the public must be tion and services by establishing that GovernMARCH 18, 2010 

Received; read twice and placed on the calendar 


smartinez on DSKB9S0YB1PROD with BILLS