Writing regulations in a way that is clear and easy to understand will save the government, taxpayers and regulated communities time and money, according to witnesses testifying on Mar. 1 before the House Government Reform Committee's Subcommittee on Regulatory Affairs.

Experts on the use of plain language and a representative from the National Association of Small Businesses all agreed that confusing language was a barrier to effective compliance and enforcement of regulations. There was also consensus that using plain, easily understood language could reduce the burden of regulations on both federal agencies and regulated communities.

Plain language, according to the witnesses, is language written in such a way that the intended reader can understand it the first time. This definition means that what constitutes plain language will vary depending on the intended audience.

In conjunction with the hearing, Subcommittee Chair Candice Miller (R-MI) and Ranking Member Stephen Lynch (D-MA) introduced new legislation (H.R. 4809) that will require regulations to be written using clear, straightforward language. While government initiatives have encouraged the use of plain language for some time, the new legislation will be the first to codify a definition of plain language.

Reducing Burden and Increasing Compliance by Writing Clearly

Testimony by Annetta L. Cheek, Vice-Chair of the Center for Plain Language, included many colorful examples of just how circuitous and ambiguous some of the language used in regulations is. For instance, a Department of Justice regulation states, "No payment shall be made to (or on behalf of) more than one individual on the basis of being the public safety officer's parent as his mother, or on that basis as his father." Cheek suggested one possible plain language revision might be, "We will pay only one person claiming to be the public safety officer's father and only one claiming to be the mother."

Joseph Kimble, a law professor and expert on plain language, peppered his testimony with examples of how using clear, concise language has saved government and private entities money. For instance, in a study of Army officers, "researchers found that readers of a plain-language memo were twice as likely to comply with it on the same day that they received it." In another example, the Department of Veteran's Affairs revised one letter in plain language and in one year, the number of calls to one regional office dropped from about 1,100 to about 200. If all forms and letters were easily understood by recipients, the cost savings could be enormous, Kimble said. The reduction in incorrectly filed forms alone could have a huge impact.

Cheek also pointed out that bad language propagates more bad language. She gave the example of safety instructions for airline passengers. Though the airlines are not required to use the exact same language as the Federal Aviation Administration in their public materials, most airlines copy the complicated language of the regulation precisely, for fear of interpreting it incorrectly if they attempt to rewrite it more clearly. Since many private and public entities rely on regulations for guidance, if the regulations are written in a confusing manner, many of the public materials based on those regulations will also be written incoherently.

Leveling the Playing Field

Using plain language can also help level the playing field. The need for experts to interpret confusing regulations can be a barrier to participation in the regulatory process. Small businesses, citizens groups and interested individuals will have an easier time commenting on ongoing rulemakings if they can easily understand the issues at hand, without having special knowledge or hiring expensive consultants, witnesses argued.

Todd McCracken, president of the National Small Business Association, explained that the regulatory process is skewed in favor of large businesses largely because the language used often requires experts to interpret. The bureaucratic language used means small businesses often have to hire outside experts to help them sort through confusing regulations and tax forms. Writing regulations in easily understood language would make it easier for small businesses to comply with regulations and participate in decision-making.

Writing Clearly is Writing Intelligently

Both Kimble and Cheek stressed that using plain language does not mean "dumbing it down." Rather, plain language is just good writing, straightforward and concise. Kimble pointed out that it is much more difficult to write clearly than it is to write confounding, complicated sentences. Kimble has put these ideas to the test in helping the Department of Justice rewrite its civil procedures in plain language. Rewriting the procedures more clearly often uncovered ambiguities in the language, which are more difficult to mask when the writer is forced to be clear. The confusion inherent in complex subjects does not have to be compounded with convoluted writing, Kimble said.