
>From the web site http://www.npr.gov

PRESIDENTIAL MEMORANDUM ON PLAIN LANGUAGE

THE WHITE HOUSE
WASHINGTON
JUNE 1, 1998

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Plain Language in Government Writing

The Vice President and I have made reinventing the Federal
Government a top priority of my Administration. We are
determined to make the Government more responsive, accessible,
and understandable in its communications with the public.

The Federal Government's writing must be in plain language. By
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.

Plain language requirements vary from one document to another,
depending on the intended audience. Plain language documents
have logical organization, easy-to-read design features, and use:

*  common, everyday words, except for necessary
        technical terms:

*  "you" and other pronouns:

*  the active voice; and

*  short sentences.

To ensure the use of plain language, I direct you to do the
following:

*   By October 1, 1998, use plain language in all new
     documents, other than regulations, that explain how to
     obtain a benefit or service or how to comply with a
     requirement you administer or enforce. For example,
     these documents may include letters, forms, notices,
     and instructions. By January 1, 2002, all such
     documents created prior to October 1, 1998 must also
     be in plain language.

*   By January 1, 1999, use plain language in all
     proposed and final rulemakings published in the
    Federal Register, unless you proposed the rule before
     that date. You should consider rewriting existing
     regulations in plain language when you have the
     opportunity and resources to do so.

The National Partnership for Reinventing Government    will
issue guidance to help you comply with these  directives and to
explain more fully the elements of plain language. You should
also use customer feedback and common sense to guide your plain
language efforts.

I ask the independent agencies to comply with these directives.

This memorandum does not confer any right or benefit enforceable
by law against the United States or its representatives. The
Director of the Office of Management and Budget will publish
this memorandum in the Federal Register.


William J. Clinton

----------
                 Writing User-Friendly Documents


                           1.  Introduction 

The traditional way of writing regulations has not worked well. 
Too often, complicated and jargon-filled regulations have
resulted in frustration, lawsuits, and a lack of trust between
citizens and their government.  To overcome this legacy, we have
a great responsibility to communicate clearly.

Studies show that clearly written regulations improve compliance
and decrease litigation.  Writing that considers our readers'
needs and draws them into the regulatory process will improve the
relationship between the government and the public it serves.

How can we be better writers?

We believe that the most important goals are these:  

       Engage your reader 

       Write clearly

       Write in a visually appealing style

The next several pages summarize some of the best techniques to
achieve these three goals.  Following the summary, you ll find
detailed suggestions for applying these techniques to your
writing.



Note:  The Plain English Network (PEN) has developed this
handbook as a guide for regulation writers and reviewers.  We ve
based it upon the considerable literature on plain English and
upon our experiences in our agencies.  We envision this handbook
as a living document that we will revise frequently to better
serve users.  If you have suggestions for more material to
include, or would like to suggest other revisions, please send
them to us by E-mail at this address:

john_strylowski@ios.doi.gov



             2.  Summary of Techniques for Better Writing

Engage your readers

Engaging your readers sends a message that you have considered
who they are and what they need to know.  When you communicate a
concern for your readers' needs, they are more likely to be
receptive to your message.

When your document is plainly written, your readers are more
likely to:

        Understand what you want and take appropriate action

        Focus on key information

        Believe that you are concerned with their needs

How can you engage your readers?

You engage readers by speaking to them directly and clearly and
by organizing your message in a structure that reflects their
interests.  Here are some key ways:

          Identify your audience

     Identify your audience early and think about why the reader
needs to read the document.  Also identify people who will be
interested in the rule, even if they are not directly affected. 
Write to everyone who is interested, not just to technical or
legal experts.  Keep in mind the average reader's level of
technical expertise.  (For more about identifying your audience,
see p. 9.)
          
          Organize to meet your reader s needs

People read documents to get answers. They want to know how to do
something or what happens if they don't do something.  Organize
your document to respond to these concerns.  Frequently this
means describing events as they occur--you fill out an
application to get a benefit, you submit the application, the
agency reviews the application, the agency makes a decision on
the application.

          Think through the questions your readers are likely to
ask and then organize them into a comprehensive table of contents
that will be an outline of the document.  (For more information
about organizing, see p. 10.)



          Use a question-and-answer format

     As much as possible, write section headings as questions. 
Try to ask the questions your readers would ask.  Answer each
question immediately.  

          Using the question-and-answer format helps readers to
scan the document and find the information they want. It also
increases the chances that they will see a question that they
didn't have, but need to know the answer to. This format is
enormously helpful to readers.(For more about this format, see p.
12.)

          Use "you" and other pronouns to speak directly to
readers 

      You  reinforces the message that the document is intended
for your reader in a way that  he,   she,  or  they  cannot. 
More than any other single technique, using "you" pulls readers
into your document and makes it relevant to them.  (For more
about using  you,  see p.  13.)   Using  we  to refer to your
agency economizes words and make your document more accessible to
the reader.  (For more about using the pronouns  I  and  we,  see
p. 15.)

          Use the active voice

     Active voice makes it clear who is supposed to do what.  It
eliminates ambiguity about responsibilities.  Not:  It must be
done.   But,  You [or someone else] must do it.   (For more about
active voice, see p. 16.)

                    
Write clearly

For years, it seems that most of us have been addressing our
regulations mainly to technical experts and lawyers, rather than
to the many other readers we want to influence.  This has created
a jargon-laden, legalistic style that does not clearly convey
important information.  How can people comply with requirements
if we don t describe them clearly?  We must pay far greater
attention to making our documents readable.

How can you write more clearly?

Regulations present special challenges because of the highly
technical information they often contain. At the same time, you
have multiple audiences, some highly knowledgeable, some less so.
In fact, focus-group results show that even technical experts do
not always understand technical language easily or quickly. The
following
techniques will help ensure that you keep your languge clear, so
that your users can focus on technical information.
     Use short sentences

     Express only one message in each sentence. Long, complicated 
    sentences often mean that you aren't clear about what you
want to say. Shorter sentences show clear thinking. Shorter
sentences are also better for conveying complex information; they
break the information up into smaller, easier-to-process units.
Vary your sentence structure to avoid choppiness, but don't
revert to tangled multi-clause sentences.(For more about sentence
structure, see p. 18.) 

     Write to one person, not to a group 

     Use singular nouns, pronouns, and verbs to direct your
writing to one individual reader.  This prevents confusion about
whether a requirement applies to readers acting individually or
in groups.  (For more about using the singular, see p. 19.)

     Use the simplest tense you can

     Using present tense avoids the clutter of compound verbs and
clearly conveys what is standard practice.  Remember that by the
time your reader reads the regulation, the future (tense) is now. 
(For more about verb tenses, see p. 20.)

     Use "must" to convey requirements

     Use  must  for obligation,  may   for permission, and
 should  for preference.  Use "may not" to convey prohibitions.  
Avoid the ambiguous "shall."  When was the last time you heard
"shall" in everyday conversation?    If you must include advisory
material, put it in brackets.  (For more on  must  and  shall, 
see p. 21.)

     Place words carefully

     There are several ways that you can reduce ambiguity:

               Keep subjects and objects close to their verbs.  

               Put conditionals such as "only" or "always" and
other modifiers next to the words they modify.  Write "you are
required to provide only the following," not "you are only
required to provide the following."  


               Put long conditions after the main clause.  Write,
 complete form 9-123 if you own more than 50 acres and cultivate
grapes,   not  if you own more than 50 acres and cultivate
grapes, complete form 9-123.    (For more on word placement, see
p. 22.)

     Use  if-then  tables

     If material is particularly complex and many conditional
situations are involved, put it in an "if-then" table.  (For
examples of  if-then  tables, see p. 23.)

     Avoid words and constructions that cause confusion

     Common sources of confusion include:
     
               Undefined or overused abbreviations and acronyms

               Two different terms used for the same thing (car,
vehicle, auto, conveyance--choose one)

               Giving an obscure technical or legal meaning to a
word commonly understood to mean something different  (defining
 car  to include trucks.)
          
               Legal, technical, and  fashionable,  but
confusing,  jargon

               Strings of nouns forming complex constructions
(surface water quality protection procedures)

               Pronouns that don't clearly refer to specific
nouns

               Stilted, wordy language

(For more on confusing words, see p.  26)


Write in a visually appealing style

We want our regulations to help readers understand and comply
with requirements with the minimum possible burden.  Visually
appealing documents are far easier to understand than more
traditional regulations. 

Older-style regulations are often dense and confusing.  Replace
blocks of text with headings, tables, and more white space. You
will help your reader by making the main points readily apparent
and grouping related items together. Use a clear and uncrowded
presentation and your readers will be more likely to understand
and comply with regulatory requirements.

How can you make your documents visually appealing?

With visual layout, you draw your readers' attention to
information they need to know.  Even though the Code of Federal
Regulations (CFR) format constrains regulatory writers in a
number of ways, you can still take significant steps to make your
regulations visually appealing to the reader.

     Use lots of informative headings

     Headings attract your readers' attention to important
information.  They help readers find their way through a document
and locate important points.  

     Pack each heading with lots of information.   How often have
you seen several different sections entitled  applications  or
 appeals  in one set of regulations?  Applications for what? 
Appeals of what?  If you say  Applications for underground mining
permits on public land  the reader knows exactly what you are
talking about, and knows the difference between that section and
another section entitled  Applications for a temporary use permit
to transport cattle across public land.   

     On the other hand, headings should not be so long that they
overwhelm the material in the section itself.  (For more about
informative headings, see p. 28.)

     Write short sections

     Short sections break up the material into easily understood
segments and allow you to introduce a little white space into the
otherwise dense format of the CFR.  Short sections look easier to
read and understand.  Long sections can appear difficult and
forbidding, even before someone tries to read them.  (For more
about section length, see p. 30.)


     Include only one issue in each designated paragraph

     Limiting each paragraph to one issue gives the document a
clean appearance and contributes to the impression that it is
easy to read and understand.  By presenting only one issue in
each designated paragraph, you can use informative headings that
reflect the entire issue covered by the paragraph.  (For more
about keeping paragraphs to one issue, see p.  32.)

     Use vertical lists

     Vertical lists highlight a series of requirements in a
visually clear way.  Use vertical lists to help your reader focus
on important material.  Vertical lists:

               Highlight levels of importance

               Help the reader understand the order in which he
or she should fulfill      requirements

               Make it easy for the reader to identify all
necessary steps in a process

               Add blank space for easy reading

     (For more about vertical lists, see p. 33.)

     
In Conclusion...

If you follow the suggestions we ve outlined in this section,
you ll make a major contribution to the success of your agency's
regulatory program.  By writing your regulations clearly and in a
visually appealing style, you ll help your readers understand and
comply with your programs.  Well-written regulations will do lot
to improve reader satisfaction and earn praise for your agency.


             3.  More About Techniques for Better Writing

This section provides examples of how to use the techniques
listed in the introduction.  The examples are drawn from
different agencies across the Federal government.  However, you
won't find any of these exact examples in the CODE OF FEDERAL
REGULATIONS.  We've altered them to provide what we think are
better examples of the techniques we recommend.   

In the rest of this handbook, we ve used the symbols below to
help indicate visually the points we re making.



We ve used ...


to indicate...


 _ 


particularly important concepts


 _ 


bad examples of regulatory writing


 _


our suggestions for a better presentation of the same subject
matter


 italics


examples of regulatory text

We hope this will be a useful and dynamic document, and we
encourage you to get in touch with us and give us your comments
and suggestions for improvement.


                        IDENTIFY YOUR AUDIENCE

_    Identify who is affected by the regulation and write to get
their attention and answer their questions.

You have to grab your readers  attention if you want to get your
ideas across.  Let s face it, readers just want to know what
applies to them.  The best way to grab and hold their attention
is to figure out who they are and what they want to know.  Put
yourself in their shoes.  It will give you a new perspective.

Tell your readers why the rule is important to them.   Say,  If
you want a research grant, here s what you have to do.   Or,  If
you want to mine Federal coal, here s what you should know.   Or,
 If you are planning a trip to Rwanda, read this first. 

Many times a regulation has more than one audience.  You may be
talking to exporters and importers, or coal miners and surface
owners, or airlines and passengers.  Break your regulation down
into essential elements and determine which elements apply to
each part of your audience.  Then group the elements according to
who is affected.  If you are writing about research grants, first
tell the professors what they have to do, then tell the
university accounting department what it has to do.

Identify clearly who you are speaking to in each section.  Don't
make a reader go through material only to find out  at the end
that the section doesn t apply.



_


_


Grant applicants must provide the following information:  (a)
Prior experience in the area covered by the grant; (b)
Publications relevant to the area of the grant; (c) Other grants
held at the time of application; (d) Name and address of the
chief financial officer; (e) Nature of in-kind match being
provided;  (f) Approved overhead rate; and (g) Total proposed
budget. 


(a)  When you apply for a grant, you must send us: 
(1)  A description of your experience in the area covered by the
grant;
(2)  Copies of any material that you have published relevant to
the area of the grant and
(3) A list of other grant that you are now using.   
(b)  Your  financial office must send us:
(1)  The name and address of the chief financial officer;
(2)  A description of  the in-kind match you will  provide;    
(3)  Your approved overhead rate; and 
(4)  A proposed budget.

_    Organize your regulation to address your readers and their
interests.


                   ORGANIZE YOUR DOCUMENTS CAREFULLY
     
_    Well-organized, detailed tables of contents make it easy for
the reader to identify all elements in a series of requirements.

Part of serving your readers better is organizing your regulation
so that they can understand how a program works and where to find
instructions for each step they need to complete.   Your table of
contents should be a reliable road map that readers can follow to
get through a process painlessly.  The table of contents below is
organized in a logical sequence for a discretionary grant
program.  The organization follows the order in which events
occur and the order in which the public might ask questions about
the program.
        

Part 791: Javits Gifted and Talented Students Education Grant
Program
     
     Subpart A: How the grant program works.
     Sec.
     791.1      What is the Javits Gifted and Talented Students
Education 
               Program?
     791.2      Am I eligible for a Javits Grant?
     791.3      What activities are appropriate for Javits Grant
funding?
     791.4      What funding priorities may the Secretary
establish? 
     791.5      What other regulations apply to the Javits Grant?
     791.6      What definitions apply to the Javits Grant?
     
     Subpart B: How to  Apply for an Award
     
     791.10     Where can I write to obtain a Javits Grant
application?
     791.11      What materials do I need to submit to be
considered for a Javits Grant?
     791.12     Where do I send my application?
     791.13     When is my application due?
     
     Subpart C: How the Secretary Makes an Award
      
     791.20     How will the Secretary evaluate my application
for a Javits Grant?
     791.21     What selection criteria does the Secretary use to
award Javits Grants?
     791.22     Does the Secretary consider additional factors?
     
     Subpart D: Grantees  Rights and Responsibilities
     
     791.30     Under what conditions may I use my Javits Grant
award?
     791.31     What are my responsibilities for serving students
and teachers in private schools?
  



The same organization works well for almost any type of
regulation. Here s an example of an administrative regulation:

Part 725--CLAIMS FOR BENEFITS UNDER THE FEDERAL MINE SAFETY AND
HEALTH ACT

                                General

725.1  What does this program cover?  
725.2  What special terms I need to know to understand this part?

                            Who is Covered

725.201  Who is entitled to benefits under this program?
725.202  How long can my benefits last?
725.203  Are my dependents entitled to benefits?
725.204  How long will their benefits last?
725.204  Am I still eligible if I am convicted of a felony?

                       How to Apply for Benefits

725.301  How do I file a claim?
725.302  Can other people give evidence on my behalf?
725.303  Are there any time limits for filing my claim?
725.304  Can I modify or withdraw my claim?

                    How to Appeal Agency Decisions

725.401  Can I appeal a decision if I don't agree with it?
725.402  How do I file an appeal?
725.403  How long do  I have to file my appeal?
725.404  What types of evidence must I submit?
725.405  What happens if I won t get a medical examination?


_    Organize your table of contents in a logical order that
responds to your readers' concerns.



USE A QUESTION-AND-ANSWER FORMAT

_    The question-and-answer format is the most efficient way to
communicate with your reader.

The reader comes to your regulation with questions that he or she
needs answered.  It's much more efficient to anticipate the
reader's questions and pose them as he or she would.  By doing
this, you make it easier to for the reader to find information.



_


_


SPECIAL GRANTS FOR ECONOMIC DEVELOPMENT AND CORE MANAGEMENT
GRANTS TO SMALL TRIBES

 254.11  Indian Rights.
 254.12  Applications.
 254.13  Multi-tribal grants.
 254.14  Administrative requirements.
 254.15  Appeals.


ECONOMIC DEVELOPMENT AND CORE MANAGEMENT GRANTS TO SMALL TRIBES

 254.11  How do the procedures in this part affect Indian
rights?
 254.12  How do I apply for a grant under this part?
 254.13 When must I submit my application?
 254.14  Can a multi-tribal organization submit a single grant
request?
 254.15  What special information is required for an
application by a multi-tribal organization?
 254.16  Must each tribe in a multi-tribal organization submit
certification forms and budgets?
 254.17  If I receive a grant under this part, what
requirements must I follow?
 254.18  What reports must I submit after receiving a grant?
 254.19  How can I appeal administrative actions under this
part?


The older version of the regulation had short headings that did
not help the reader out with specific information.  In rewriting
the headings, we identified with the reader and formatted the
material to fit the reader s needs instead of ours.   As a
result, we wrote additional questions that became separate
sections.  The old headings lumped all of this material together
and made the reader do the searching.  Now, we have done it for
the reader.

_    By using questions as section headings, you ll help your
reader find information more quickly.
USE "YOU" TO SPEAK TO THE READER
 
_    By using  you,  you address your reader personally and add
immediacy to your regulation. 

When you address the reader as  you  in the text of your
regulation, the reader feels that you are addressing him or her
directly.  Remember that even though your rule may affect a
thousand or a million people, you are speaking to the one person
who is reading it.  When your writing reflects this, it is more
economical and has a greater impact on the reader.  By using
"you" to answer the readers' questions, you clarify whom you are
addressing.



_


_


Copies of tax returns must be provided.


You must provide copies of your tax returns.


Writing your regulation for an individual reader forces you to
analyze carefully what you want the reader to do.  By writing
your regulations to be clear to an individual, you will find it
easier to:

         Put information in a logical order

         Answer questions and provide the information that your
reader wants to know

         Assign responsibilities and requirements clearly

Be sure to define  you  clearly.


_


_


Public Access to Information

Facilities in regional and district offices are available to the
public during normal business hours for requesting . . .


Public Access to Information

If you are a member of the public, you can get copies of our
records at any regional or district office . . .



                                   

Define "you" by any of the following methods:

               State in the beginning of the rule who the
audience is -- "This regulation tells you, a loan applicant, how
to secure a loan. 

               Define "you" in the Definitions section -- "You"
means a loan applicant.

               Where you address different readers in different
parts of the regulation, define  you  in each context  -- "How do
different types of borrowers apply for a loan?  If you are a
small business, you must submit . . .  If you are an individual,
you must submit . . ."



_ 


_


Who is responsible for restoring the site?

Lessees and operators are responsible for restoring the site. 
You must ensure that . . .


Who is responsible for restoring the site?

Lessees and operators are responsible for restoring the site.  If
you are the operator, you must conduct all operations in a way .
.. .
If you are the lessee, you must monitor the operator to ensure
that . . .


_    Use "you" to engage your readers and let them know what they
are expected to do.


USE PRONOUNS TO REPRESENT THE READER AND TO REFER TO YOUR AGENCY


     _Use  I  to refer to the reader in section headings.

The question-and-answer format assumes that the reader is the one
asking the questions. Therefore, use  I  in questions to refer to
the reader.  Do not use  I  in responses. In responses your
agency (represented by  we ) addresses the reader.  By using "I"
to ask questions in headings, you are anticipating questions the
reader may have.



_


_


Submission of applications.


What must I do if I want a loan?


_ Use  we  to refer to your agency.

Use  we  to refer to your agency in the text of the regulation.  
By using "we" to respond to questions, you state clearly what
your agency requires and what your agency's responsibilities are. 
 You also  avoid the passive and use fewer words.  Since you will
never be asking the questions (only the reader does that), you
should not use  we  in section headings.



_


_


Loan applications will be reviewed to ensure that procedures have
been followed.

The  Office of Consumer Affairs will process your application
within 30 days after receipt.



 We review your loan application to ensure that you have followed
our procedures.

We ll process your application within 30 days of receiving it.

     _Use "I" to represent the reader in section headings.  Use
"we" in place of your agency name.  You ll save words and make
your regulation more readable.

                             USE ACTIVE VOICE

_    Active voice is the best way to identify who is responsible
for what action.

In an active sentence, the person or agency who is taking an
action is the subject of the sentence.  In a passive sentence,
the person or item that is acted upon is the subject of the
sentence.   Passive sentences often do not identify who is
performing the action.



_


_


The lake was polluted by the company


The company polluted the lake.


New regulations were proposed.


We proposed new regulations.


The following information must be included in the application for
it to be considered complete.


(You) Include the following information in your complete
application.


Bonds will be withheld in cases of non-compliance with all permit
terms and conditions


We will withhold your bond if you are don t  comply  with all
permit terms and conditions.


More than any other writing technique, using active voice and
specifying who is taking an action will change the character of
our writing and clarify our regulations.

How do you identify passive sentences?  

Passive sentences have two basic features, although both do not
appear in every passive sentence. 

        A past participle (generally a verb with "ed" on the end)

        A form of the verb "to be."



_


_


Regulations have been proposed by the Department of Veterans
Affairs.


We have proposed regulations.


The permit will be approved by the agency's State office.



Our State office must approve your permit.
                                     
In a very few instances, passive voice may be appropriate.  For
example, when one action follows another as a matter of law, and
there is no actor (besides the law itself) for the second action,
a passive sentence may be the best method of expression.



_


If you do not pay the royalty on your mineral production, your
lease will be terminated [by the action of the law].


_    To communicate effectively, write at least 85 per cent of
your sentences in the active voice. 



                            USE SHORT SENTENCES

_    Use short sentences to deliver a clear message.

The best way to tell your reader what you want is a short,
straightforward sentence.  Complex sentences loaded with
dependent clauses and exceptions confuse the reader by losing the
main point in a forest of words.  Resist the temptation to put
everything in one sentence:  break up your idea into its various
parts and make each one the subject of its own sentence.


_


_


For good reasons, the Secretary may grant extensions of time in
30-day increments for filing of the lease and all required bonds,
provided that additional extension requests are submitted and
approved before the expiration of the original 30 days or the
previously granted extension.



We may extend the time you have to file the lease and required
bonds.  Each extension will be for a 30-day period.  To get an
extension, you must write to us giving the reasons that you need
more time.  We must receive your extension request in time to
approve it before your current deadline or extension expires.
Complexity is the greatest enemy of clear communication.  You may
need to be especially inventive to translate complicated
provisions into more manageable language.   In the following
example, we have made an  if  clause into a separate sentence. 
By beginning the first sentence with  suppose that  and the
second sentence with  in this case,  we have preserved the
relationship between the two.



_


_


If you take less than your entitled share of production for any
month, but you pay royalties on the full volume of your entitled
share in accordance with the provisions of this section, you will
owe no additional royalty for that lease for prior periods when
you later take more than your entitled share to balance your
account.  This also applies when the other participants pay you
money to balance your account.


Suppose that one month you pay royalties on your full share of
production but take less than your entitled share.  In this case,
you may balance your account in one of the following ways without
having to pay more royalty.  You may either:
      (a)   Take more than your entitled share in the future; or
      (b)   Accept money from other participants.


_    Short sentences pep up your text and hold the reader s
interest.


                    ADDRESS ONE PERSON, NOT A GROUP

_    Singular nouns and verbs prevent confusion about whether a
requirement applies to individual readers or to groups.

In the following example, the reader doesn't know whether each
applicant must file applications at several offices, or whether
applicants that are members of a group must file individual
requests.



_


_


Individuals and organizations wishing to apply must file
applications with the appropriate offices in a timely manner.  



You must apply at least 30 days before you need the
certification.
      (a)  If you are an individual, apply at the State office in
the State where you reside.
      (b)  If you are an organization, apply at the State office
in the State where your headquarters is located.


In addressing a single person, you can avoid awkwardness by using
 you  to address the reader directly, rather than using  his or
her  or  he or she. 



_


_


The applicant must provide his or her mailing address and his or
her identification number.



You must provide your mailing address and identification number.

Your reader probably will need only a single permit, application,
or license.  Thus, writing the regulation in the singular means
that it will apply to the reader as written, eliminating the need
to  translate.    


_  Use the singular whenever possible.



  USE THE PRESENT TENSE

_    A document written in the present tense is more immediate
and less complicated.

Using the present tense makes your regulation more direct and
forceful.  The more you use conditional or future tense, the
harder your reader has to work to understand your meaning. 
Writing your rule entirely in the present tense saves your reader
work and helps you to make your point clearly.



_


_


These sections describe types of information that would satisfy
the application requirements of Circular A-110 as it would apply
to this grant program



These sections tell you how to meet the  requirements of Circular
A-110 for this grant program.

Even if you are covering an event that occurred in the past, you
can clarify the material for your reader by writing as much as
possible in the present tense.



_


_


Applicants who were Federal employees at the time that the injury
was sustained should have filed a compensation request at that
time.  Failure to do so could have an effect on the degree to
which the applicant can be covered under this part.


You may not be covered under this part if:
     (a)  You were a Federal employee at the time of the injury;
and
     (b)  You did not file a report with us at that time.

You help your reader understand and relate to your regulation if
you eliminate the need for him or her to  translate  the text
from the past or conditional tense into the present.  Remember,
the less work your reader has to do to understand the regulation,
the better he or she can comply.


_ Write in the present tense to communicate more efficiently. 


                  USE "MUST" TO INDICATE REQUIREMENTS

_    The word "must" is the clearest way to convey to your
readers that they have to do something.

 Shall  is one of those officious and obsolete words that has
encumbered regulations for many years.  The message that  shall 
sends to the reader is,  this is deadly material.    Shall  is
also obsolete; when was the last time you heard it used in
everyday speech? 

Besides being outdated,  shall  is imprecise.  It can indicate
either an obligation or a prediction.  Dropping  shall  is a
major step in making your regulation more reader friendly.  Don t
be intimidated by the argument that using  must  will lead to a
lawsuit.   Many agencies already use the word "must" to convey
obligations with no adverse legal effects.

You can avoid "shall" by substituting "must" to indicate an
obligation or "will" to indicate that an action will occur in the
future.  Be careful to consider which meaning you intend to
communicate to your readers.



_


_ 


Section 5511.1  Free Use of Timber on Oil  and Gas Leases

  (a)  Any oil or gas lessee who wishes to use timber for fuel in
drilling operations shall file an application therefor with the
officer who issued the lease.
  (b)  The applicant shall be notified by registered mail in all
cases where the permit applied for is not granted, and shall be
given 30 days within which to appeal such decision.
  (c)  Where the land is occupied by a settler, the applicant
shall serve notice on the settler by registered mail showing the
amount and kind of timber he has applied for.



Section 5511.1  Can I use the timber on my oil or gas lease for
fuel?

You must file an application to use the timber on your oil or gas
lease for fuel.  File the application with our office where you
got your lease.

Section 5511.12  Will you notify me if you reject my application?

Our agency will notify you by registered mail if we reject  your
application.  You must file an appeal of that decision within 30
days.

Section 5511.13  Must I notify anyone that I have applied for use
of the timber?

You must notify any settler, by registered mail, that you have
applied to use timber from your lease.   Include in your notice:
  (a) The amount of timber you applied for; and
  (b)  The kind of timber you applied for.


_    Use "must" to make clear that the reader is required to
perform a certain action.  


                         PLACE WORDS CAREFULLY

_    Avoid ambiguous phrasing that can mislead your reader.

How you place words in relation to each other can greatly affect
your document.  Using short sentences will often make this
problem disappear.  

In the example below, it is difficult for the reader of the old
style provision to figure out which words relate to the forest
products, which relate to the tribe, and which relate to the
payments.



_


_


Upon the request of an Indian tribe, the Secretary may provide
that the purchaser of the forest products of such tribe, which
are harvested under a timber sale contract, permit, or other
harvest sale document, make advance deposits, or direct payments
of the gross proceeds of such forest products, less any amounts
segregated as forest management deductions pursuant to  163.25,
into accounts designated by such Indian tribe.



If you ask us, we will require purchasers of your forest products
to deposit their payment into an account that you designate.
      (a)  You can instruct us to deposit advance payments as
well as direct payments into the account.
      (b)  We will withhold from the deposit any forest
management deductions under  163.25. 

  

You will eliminate many potential sources of ambiguity by writing
shorter sentences.  The less complex the sentence, the clearer
the meaning and the smaller the chance of ambiguity creeping in. 
Still,  you must watch how you place words even in short
sentences.  



_


_


All that glitters is not gold.



Not all that glitters is gold.
  

As you write, place your words with care to avoid possible
misinterpretations or muddied meanings.  A carefully written
document is clear, concise, and unambiguous.


_ Draft your regulation with care to eliminate unclear phrasing.
                          USE IF-THEN TABLES

_    If-then tables are an ideal way to make complex provisions
readily understandable.


If a picture is worth 1,000 words, a table is worth at least 750. 
By laying out the material visually, tables help your reader to
see relationships in a way that dense text never could.  No
reader would dispute that the rewritten regulation below is far
clearer than the dense text that it replaces.


_

 163.25  Forest management deductions.

     (a)  Pursuant to the provisions of 25 USC 413 and 25 USC
3105, a forest management deduction shall be withheld from the
gross proceeds of sales of Indian forest land as described in
this section.  
     (b)  Gross proceeds shall mean the value in money or money's
worth of consideration furnished by the purchaser of forest
products purchased under a contract, permit, or other document
for the sale of forest products.
     (c)  Forest management deductions shall not be withheld
where the total consideration furnished under a document for the
sale of forest products is less than $ 5,001.
     (d)  Except as provided in  163.25 (e) of this part, the
amount of the forest deduction shall not exceed the lesser amount
of ten percent (10%) of the gross proceeds or, the actual
percentage in effect on November 28, 1990.
     (e)  The Secretary may increase the forest management
deduction percentage for Indian forest land upon receipt of a
written request from a tribe supported by a written resolution
executed by the authorized tribal representatives.  At the
request of the authorized tribal representatives and at the
discretion of the Secretary the forest management deduction
percentage may be decreased to not less than one percent (1%) or
the requirement for collection may be waived.



_

 163.25  What forest management deductions will BIA withhold?

     We will withhold a forest management deduction if the
contract for the sale of forest products has a value of over
$5,000.  The deduction will be a percentage of the gross proceeds
(i.e., the price we get from the buyer).  We will determine the
amount of the deduction in accordance with the following table.
 


If...


then the percentage of the deduction is...



a tribe requests an increase in the deduction through a tribal
resolution and written request to us 


the percentage requested by the tribe.


an authorized tribal representative requests and we approve a
decrease in the deduction


the percentage requested, with a one percent minimum.


an authorized tribal representative requests and we approve a
waiver of the deduction


waived.


none of the above conditions apply


the percentage in effect on November 28, 1990, or 10 percent,
whichever is less.

You can also use variations on the if-then table to clarify other
types of complicated provisions.  Which of the following would
you rather read?

_

 163.17  Deposit with bid.

     (a)  A deposit shall be made with each proposal for the
purchase of Indian forest products.  Such deposits shall be at
least:
     (1)  Ten (10) percent if the appraised stumpage value is
less than $ 100,000 and in nay event not less than $ 1,000 or
full value whichever is less;
     (2)  Five (5) percent if the appraised stumpage value is $
100,000 to $ 250,000 but in any event not less than $ 10,000; and
     (c)  Three (3) percent if the appraised stumpage value
exceeds $ 250,000 but in any event not less than $ 12,500.



_

 163.17  What deposit must I make with my bid?

     You must include with your proposal to buy Indian forest
products a deposit that meets the conditions in the following
table.



If the appraised stumpage value is...


you must deposit...


and the minimum amount of the deposit is...


less than $100,000


10percent of the stumpage value


$1,000


between $100,000 and $250,000


5 percent of the stumpage value


$10,000


over $250,000


3 percent of the stumpage value


$12,500

If-then tables are a powerful tool for simplifying complicated
regulatory material.  By laying out complex provisions visually,
you help the reader to see relationships in a way that dense text
never could.  Tables almost always use many fewer words than a
straight textual explanation would use.


_ Put complex provisions into tables to save words and make
relationships clearer.  



AVOID WORDS AND CONSTRUCTIONS THAT CAUSE CONFUSION
  
     _    Your document will be clearer if you avoid confusing
phrasing.
  
      Define each abbreviation or acronym the first time you use
it.  
  
  In general, use abbreviations only to refer to terms that are
central to the regulation.  For example, if the regulation is
about the Comprehensive Environmental Response, Compensation, and
Liability Act, you can refer to it as CERCLA.   But do not
abbreviate terms that you use only one or a few times.   Write
them out each time.
  
      Use the same term consistently to identify a specific
thought or object.
  
  For example, if you use the term "senior citizens" to refer to
a group, continue to use this term throughout your document.  Do
not substitute another term, such as "the elderly," that will
cause the reader to wonder if you are referring to the same
group.
  
       Define words in a way that does not conflict with ordinary
or accepted usage. 
  
  If possible, use a word in a way that is consistent with its
everyday meaning rather than creating a new meaning for your
document.  A change in meaning may confuse the reader, and you
create ambiguity if yu use the word elsewhere in your document in
its ordinary sense.  For example, a regulation should not
redefine "automobile" to refer to vehicles such as motorcycles or
large trucks.  Use a term such as  regulated vehicle  instead. 
  
       Avoid "noun sandwiches."  
  
  Too much government writing uses too many noun clusters--groups
of nouns "sandwiched" together.   Avoid these confusing
constructions by using more prepositions and articles to clarify
the relationships among the words.
  
  

_


_


Underground mine worker safety protection procedures development


Developing  procedures to protect the safety of workers in
underground mines
  


   Use pronouns that clearly refer to a specific noun. 
 
If a pronoun could refer to more than one person or object in a
sentence, repeat the name of the person or object or rewrite the
sentence.



_


_


After the Administrator appoints an Assistant Administrator, he
or she must . . .


After the Administrator appoints an Assistant Administrator, the
Assistant Administrator must . . .


   Avoid confusing legal and technical jargon.  

Readers can do without archaic jargon such as "hereafter,"
 heretofore," and "therewith."  See Appendix A for words and
expressions to avoid and Appendix B for plain substitutions for
commonly used jargon and unclear phrases.

You may sometimes need to use a technical term to communicate
accurately and convey a precise meaning.   But, be careful not to
be cowed into overusing technical terms.  The argument that
technical terms are  necessary  is greatly overused.  Try to
substitute everyday language for jargon as often as possible.

Use technical terms only when truly necessary and only when your
regulation will be read only by technical readers.  If your
document is intended for both technical and non-technical
readers, write for the non-technical reader.

    Avoid stilted, wordy language.
  
Wordy, dense construction is one of the biggest problems in
regulation writing.  Nothing is more confusing to the reader than
long, complex sentences containing multiple phrases and clauses.



_


_


If the State agency finds that an individual has received a
payment to which the individual was not entitled, whether or not
the payment was due to the individual's fault or
misrepresentation, the individual shall be liable to repay to the
State the total sum of 
the payment to which the individual was not entitled. 



If the State agency finds that you received a payment that you
weren't entitled to, you must pay the entire sum back.

USE LOTS OF INFORMATIVE HEADINGS

_    Headings help readers find their way through a document and
locate information they care about.  

A regulation with lots of informative headings is easy to follow. 
Using more headings helps you break up the document into logical,
understandable pieces.  Informative headings are more specific
and thus more helpful to the reader than are short headings that
cover several pieces of information.  Questions make excellent
headings.



_


                                                  _


Purpose and policy.
Scope.


What does this subpart do?


Information and records available to the public and exempt from
disclosure.


How can I get records from SBA?

How long will it take for SBA ro respond to my request for
records?


Public access to information and records


If SBA grants my request, which records will be supplied?


Business information


How will SBA respond to business requests for information?


It's often useful to start writing your document by developing
the headings, structuring them to your readers' concerns. This
approach can also reveal major groupings of information that you
might want to identify with centered headings.


             Qualifications of permittees and lessees

Who may hold leases and permits?

Can foreign citizens hold permits or leases?

How do I file evidence of my qualifications?

Can I amend my qualifications statement?



                       Bonding requirements

 Must I file a bond with my permit or lease?

 Where do I file my bond?

 What types of bonds are acceptable?

 How does BLM establish bond amounts?

When does BLM terminate my liability under a bond?


On the other hand, headings should not be so long that they
overwhelm the material in the section itself.  Avoid headings
with one word answers.



_


_


Do I have to file a newspaper notice of my activities before I
begin operations?


Are there any public notice requirements?


Yes.


You must publish a notice of your operations in a local newspaper
before you begin.



_    Develop your headings carefully.  They are one of the most
useful tools you can use to develop an appealing, understandable
document.


             DIVIDE YOUR MATERIAL INTO SHORT SECTIONS

_    Short sections break up material into easily understood
segments that are visually appealing to the reader.

Short sections are easier to organize and understand.  Long
sections are confusing and visually unappealing.



_


_


 2653.30  Native group selections.

            (a) Selections must not exceed the amount recommended
by the regional corporation or 320 acres for each Native member
of a group, or 7,680 acres for each Native group, whichever is
less. Native groups must identify any acreage over that as
alternate selections and rank their selections.  Beyond the
reservations in sections 2650.32 and 2650.46 of this Part,
conveyances of  lands in a National Wildlife Refuge are subject
to the provisions of section 22(g) of ANCSA and section 2651.41
of this chapter as though they were conveyances to a village
corporation.  
     (b)  Selections must be contiguous and the total area
selected must be compact except where separated by lands that are
unavailable for selection. BLM will not consider the selection
compact if  it excludes lands available for selection within its
exterior boundaries; or  an isolated tract of public land of less
than 640 acres remains after selection. The lands selected must
be in quarter sections where they are available unless exhaustion
of the group's entitlement does not allow the selection of a
quarter section.  


   2653.31  What are the selection criteria for Native group
selections and what lands are available?

You may select only the amount recommended by the regional
corporation or 320 acres for each Native member of a group, or
7,680 acres for each Native group, whichever is less.  You must
identify any acreage over 7,680 as alternate selections and rank
their selections.



 2653.32  What are the restrictions in conveyances to Native
groups?

    Beyond the reservations described in this part conveyances of
lands in a National Wildlife Refuge are subject to section 22(g)
of ANCSA as though they were conveyances to a village
corporation.



 2653.33   Do Native group selections have to be contiguous?

    Yes, selections must be contiguous.  The total area you
select must be compact except where separated by lands that are
unavailable for selection.

 The selection must include all available lands in less than
quarter sections.
 Lands selected must conform as nearly as practicable to the
United States land survey system.


 BLM will not consider your selection compact if:
        (a)  It excludes lands available for selection within its
exterior boundaries; or
        (b)  An isolated tract of public land of less than 640
acres remains after selection



 2653.34  How small a parcel can I select?  

Select lands in quarter sections where they are available unless
there is not enough left in your group's entitlement to allow
this.  Your election must include all available lands in areas
that are smaller than quarter sections.  Conform your selection
as much as possible to the United States land survey system.
  
  
  Short sections also give you more opportunity to insert
informative headings in your material.  Remember that boldface
section headings re your reader s best roadmap to the regulation. 
Long sections are impossible to summarize meaningfully in a
heading.  When you write short sections, each heading can give
the reader information about the entire contents of the section.
  
  
     _    Write short sections that are easy for you to organize 
and for the reader to follow. 
  


  LIMIT EACH PARAGRAPH TO ONE TOPIC

_    Put only one topic in each paragraph to help your reader
keep each idea separate. 


Separating different topics into paragraphs is another way to
help your reader understand your regulation.  By making sure that
each topic is in a separate paragraph, you give the reader a
better idea of the underlying organization of your regulation. 

Good paragraphing is similar to using tables because it shows
your reader the important issues and their relationship to
subordinate topics.  This is especially true because the new
paragraphs that you identify often become subparagraphs. 


_


_


     (a)  Notice of a bid advertisement shall be published in at
least one local newspaper and in one trade publication at least
30 days in advance of sale.  If applicable, the notice must
identify the reservation within which the tracts to be leased are
found.   Specific descriptions of the tracts shall be available
at the office of the superintendent.  The complete text of the
advertisement shall be mailed to each person listed on the
apporpriate agency mailing list.



      (a)  We will publish an advertisement to solicit bids 30
days before the sale.  
       (1)  We will publish the notice in at least one local
newspaper and in one trade publication.
       (2)  The notice will identify any reservation within which
the tracts to be leased are found.
       (3)   We will mail the complete text of the advertisement
to each person listed on the apporpriate agency mailing list. 
       (b)  Specific descriptions of the tracts will be available
at the superintendent s office.


As the example above shows, indentations and  white space 
greatly improve the readability of your rule.  When you use
separate paragraphs for each idea, you show your reader an
important how the regulation is organized and which ideas are
more important. 


_  Use paragraphs to help your reader understand which topics are
important.
USE LOTS OF LISTS

_    Vertical lists highlight important topics and make it easy
for the reader to identify all elements in a series of
requirements.

Vertical lists are much more appealing visually and easier to
read than running text.  They make your documents appear less
dense and make it easier to spot main ideas.  They are also an
ideal way to present items, conditions, and exceptions.



_


_


Each completed well drilling application must contain a detailed
statement including the following information:  the depth of the
well, the casing and cementing program, the circulation media
(mud, air, foam, etc.), the expected depth and thickness of fresh
water zones, and well site layout and design.


With your application for a drilling permit, provide the
following information:
  (a)  Depth of the well;
  (b)  Casing and cementing program;
  (c)  Circulation media (mud, air, foam, etc.);
  (d)  Expected depth and thickness of fresh water zones; and
  (e)  Well site layout and design.


 
Vertical lists are also helpful in clarifying the chronological
order of steps in a process.



_


     When a foreign student presents a completed Form I-20:
       (a)  Enter the student's admission number  from Form 94;
       (b)  Endorse all copies of the form;
       (c)  Return a copy to the student; and
       (d)  Send a copy to the Immigration and Naturalization
Service.

However, you can over use vertical lists.  Remember to use them
to highlight important information, not to over-emphasize trivial
matters.

_    Use vertical lists to attract the reader's eye to important
information and to break up large pieces of information.
Appendix A 

Words and Expressions to Avoid

abeyance
above [as an adjective]
afore-granted
aforementioned
aforesaid
before-mentioned
henceforward
hereby
herein
hereinafter
hereinbefore
hereunto
prior to
promulgated
pursuant to
said [as a substitute for "the", "that", or "those"]
same [as a substitute for "it", "he", "him", "she", or "her"]
thenceforth
thereunto
to wit
under-mentioned
unto
whatsoever
whensoever
whereas
whereof
whosoever
within-named
witnesseth

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.

