S.Amdt. 4474
What it does: Adds SEC. ____. PLAIN WRITING wherever appropriateWhat it changes
1 change to H.R. 5297
Adds SEC. ____. PLAIN WRITING wherever appropriate
Adds a sectionInserted: SEC. ____. PLAIN WRITING.
Inserted: (a) Short Title.--This section may be cited as the "Plain Writing Act of 2010".
Inserted: (b) Purpose.--The purpose of this section is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use.
Inserted: (c) Definitions.--In this section:
Inserted: (1) Agency.--The term "agency" means an Executive agency, as defined under section 105 of title 5, United States Code.
Inserted: (2) Covered document.--The term "covered document"--
Inserted: (A) means any document that--
Inserted: (i) is relevant to obtaining any Federal Government benefit or service or filing taxes;
Inserted: (ii) provides information about any Federal Government benefit or service; or
Inserted: (iii) explains to the public how to comply with a requirement the Federal Government administers or enforces;
Inserted: (B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and
Inserted: (C) does not include a regulation.
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Inserted: (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.
Inserted: (d) Responsibilities of Federal Agencies.--
Inserted: (1) Preparation for implementation of plain writing requirements.--
Inserted: (A) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall--
Inserted: (i) designate 1 or more senior officials within the agency to oversee the agency implementation of this section;
Inserted: (ii) communicate the requirements of this section to the employees of the agency;
Inserted: (iii) train employees of the agency in plain writing;
Inserted: (iv) establish a process for overseeing the ongoing compliance of the agency with the requirements of this section;
Inserted: (v) create and maintain a plain writing section of the agency's website that is accessible from the homepage of the agency's website; and
Inserted: (vi) designate 1 or more agency points-of-contact to receive and respond to public input on--
Inserted: (I) agency implementation of this section; and
Inserted: (II) the agency reports required under subsection (e).
Inserted: (B) Website.--The plain writing section described under subparagraph (A)(v) shall--
Inserted: (i) inform the public of agency compliance with the requirements of this section; and
Inserted: (ii) provide a mechanism for the agency to receive and respond to public input on--
Inserted: (I) agency implementation of this section; and
Inserted: (II) the agency reports required under subsection (e).
Inserted: (2) Requirement to use plain writing in new documents.--Beginning 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 that the agency issues or substantially revises.
Inserted: (3) Guidance.--
Inserted: (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance.
Inserted: (B) Interim guidance.--Before the issuance of guidance under subparagraph (A), agencies may follow the guidance of--
Inserted: (i) the writing guidelines developed by the Plain Language Action and Information Network; or
Inserted: (ii) guidance provided by the head of the agency that is consistent with the guidelines referred to under clause (i).
Inserted: (e) Reports to Congress.--
Inserted: (1) Initial report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's website a report that describes the agency plan for compliance with the requirements of this section.
Inserted: (2) Annual compliance report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the agency's website a report on agency compliance with the requirements of this section.
Inserted: (f) Judicial Review and Enforceability.--
Inserted: (1) Judicial review.--There shall be no judicial review of compliance or noncompliance with any provision of this section.
Inserted: (2) Enforceability.--No provision of this section shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.
Inserted: (g) Budgetary Effects of PAYGO Legislation for This Section.--The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 4474. Mr. AKAKA (for himself and Mr. Voinovich) submitted an amendment intended to be proposed by him to the bill H.R. 5297, to create the Small Business Lending Fund Program to direct the Secretary of the Treasury to make capital investments in eligible institutions in order to increase the availability of credit for small businesses, to amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. PLAIN WRITING.
(a) Short Title.--This section may be cited as the “Plain Writing Act of 2010”.
(b) Purpose.--The purpose of this section is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use.
(c) Definitions.--In this section:
(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”--
(A) means any document that--
(i) is relevant to obtaining any Federal Government benefit or service or filing taxes;
(ii) provides information about any Federal Government benefit or service; or
(iii) explains to the public how to comply with a requirement the Federal Government administers or enforces;
(B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and
(C) does not include a regulation.
(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.
(d) Responsibilities of Federal Agencies.--
(1) Preparation for implementation of plain writing requirements.--
(A) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall--
(i) designate 1 or more senior officials within the agency to oversee the agency implementation of this section;
(ii) communicate the requirements of this section to the employees of the agency;
(iii) train employees of the agency in plain writing;
(iv) establish a process for overseeing the ongoing compliance of the agency with the requirements of this section;
(v) create and maintain a plain writing section of the agency's website that is accessible from the homepage of the agency's website; and
(vi) designate 1 or more agency points-of-contact to receive and respond to public input on--
(I) agency implementation of this section; and
(II) the agency reports required under subsection (e).
(B) Website.--The plain writing section described under subparagraph (A)(v) shall--
(i) inform the public of agency compliance with the requirements of this section; and
(ii) provide a mechanism for the agency to receive and respond to public input on--
(I) agency implementation of this section; and
(II) the agency reports required under subsection (e).
(2) Requirement to use plain writing in new documents.--Beginning 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 that the agency issues or substantially revises.
(3) Guidance.--
(A) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance.
(B) Interim guidance.--Before the issuance of guidance under subparagraph (A), agencies may follow the guidance of--
(i) the writing guidelines developed by the Plain Language Action and Information Network; or
(ii) guidance provided by the head of the agency that is consistent with the guidelines referred to under clause (i).
(e) Reports to Congress.--
(1) Initial report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's website a report that describes the agency plan for compliance with the requirements of this section.
(2) Annual compliance report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the agency's website a report on agency compliance with the requirements of this section.
(f) Judicial Review and Enforceability.--
(1) Judicial review.--There shall be no judicial review of compliance or noncompliance with any provision of this section.
(2) Enforceability.--No provision of this section shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.
(g) Budgetary Effects of PAYGO Legislation for This Section.--The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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Senate amendment submitted
July 14, 2010