[Congressional Record: March 11, 2009 (Senate)]
[Page S3032-S3033]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. AKAKA (for himself, Mr. Voinovich, Mr. Carper, Mr. Levin,
Mrs. McCaskill, and Mr. Tester):
S. 574. A bill 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; to the
Committee on Homeland Security and Governmental Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce the Plain Writing
Act of 2009. I am pleased that Senators George Voinovich, Tom Carper
Carl Levin, Claire McCaskill, and Jon Tester have joined as original
co-sponsors of this legislation.
Our bill is very similar to H.R. 946, introduced by Representative
Bruce Braley last month.
The Plain Writing Act has a simple purpose: it would require the
Federal Government to write more clearly. Agencies would be required to
write documents that are released to the public in a way that is clear,
concise, well-organized, readily understandable.
This bill would extend an initiative that President Bill Clinton and
Vice President Al Gore started a decade ago as part of the Reinventing
Government initiative. In 1998, President Clinton directed agencies to
write in plain language. Although many agencies have made progress in
writing more clearly, the requirement never was fully implemented. In
recent years, the focus on plain writing has dropped. This legislation
will renew that focus.
There are many benefits to plain writing. First, it promotes
transparency and accountability. It is very difficult to hold the
Federal Government accountable for its actions if only lawyers can
understand Government writing. As we face an economic crisis and
unprecedented budget deficits, the American people need clear
explanations of Government actions.
Plain writing also improves customer service. Individuals and
businesses waste time and money, and make unnecessary errors, because
Government instructions, forms, and other documents are too
complicated. Anyone who has filled out their own tax forms,
applications for Federal financial aid or veterans' benefits, Medicare
forms, or any number of other overly complicated Federal forms
understands the need for plain writing.
Government officials, in turn, spend time and money answering
questions and addressing complaints from people frustrated with
Government documents they cannot understand. Correcting the errors
people make because they do not understand Government documents demands
Government officials' time as well. Because of this, plain writing
makes Government more efficient and effective.
Numerous organizations have called on Congress to require the Federal
Government to write more clearly, including the AARP, Disabled American
Veterans, National Small Business Association, Small Business
Legislative Council, Women Impacting Public Policy, American Nurses
Association, American Library Association, American Association of Law
Libraries, and several associations dedicated to promoting better
communication. These groups support plain writing because their members
complain about their frustration with trying to understand Government
documents--or hiring attorneys to decipher them--and the time and money
they waste because the Government does not write plainly.
As a former teacher and principal, I understand that even very smart
people must be trained to write plainly, so this bill recognizes that
Federal Employees will need plain writing training. Each agency will
report their plans to train employees in plain writing. Writing in
plain, clear, concise, and easily understandable language is a skill
that Congress and Federal agencies must foster. As Thomas Jefferson
once said, ``The most valuable of all talents is that of never using
two words when one will do.''
Additionally, congressional oversight will ensure that agencies
implement the plain language requirements. Agencies will be required to
designate a senior official responsible for implementing plain language
requirements and to report to Congress how it will ensure compliance
with the plain language requirement and on its progress.
To avoid imposing too great a burden on agencies, agencies will not
be required to rewrite existing documents. Only new or substantially
revised documents will be covered. Similarly, this bill does not cover
regulations, so that agencies can focus first on improving their every
day communications with the American people. We recognize that it will
be more challenging to write plainly when crafting regulations, which
often must be technical and complex.
Requiring plain writing is an important step in improving the way the
Federal Government communicates with the American people.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
placed in the Record, as follows:
S. 574
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plain Writing Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and
accountability of Federal agencies to the public by promoting
clear
[[Page S3033]]
Government communication that the public can understand and
use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as defined under section 105 of title 5, United States Code.
(2) Covered document.--The term ``covered document'' means
any document (other than a regulation) issued by an agency to
the public, including documents and other text released in
electronic form.
(3) Plain writing.--The term ``plain writing'' means
writing that the intended audience can readily understand and
use because that writing is clear, concise, well-organized,
and follows other best practices of plain writing.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Requirement to Use Plain Writing in New Documents.--Not
later than 1 year after the date of enactment of this Act,
each agency shall use plain writing in every covered document
of the agency issued or substantially revised.
(b) Guidance.--
(1) In general.--
(A) Development.--Not later than 6 months after the date of
enactment of this Act, the Office of Management and Budget
shall develop guidance on implementing the requirements of
subsection (a).
(B) Issuance.--The Office of Management and Budget shall
issue the guidance developed under subpargraph (A) to
agencies as a circular.
(2) Interim guidance.--Before the issuance of guidance
under paragraph (1), agencies may follow the guidance of--
(A) the writing guidelines developed by the Plain Language
Action and Information Network; or
(B) guidance provided by the head of the agency that is
consistent with the guidelines referred to under subparagraph
(A).
SEC. 5. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 6 months after the date
of enactment of this Act, the head of each agency shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives 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 in plain writing.
(3) Meeting the requirement under 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.
(b) Annual and Other Reports.--
(1) Agency reports.--
(A) In general.--The head of each agency shall submit
reports on compliance with this Act to the Office of
Management and Budget.
(B) Submission dates.--The Office of Management and Budget
shall notify each agency of the date each report under
subparagraph (A) is required for submission to enable the
Office of Management and Budget to meet the requirements of
paragraph (2).
(2) Reports to congress.--The Office of Management and
Budget shall review agency reports submitted under paragraph
(1) using the guidance issued under section 4(b)(1)(B) and
submit a report on the progress of agencies to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the
House of Representatives--
(A) annually for the first 2 years after the date of
enactment of this Act; and
(B) once every 3 years thereafter.
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