[Congressional Record Volume 168, Number 190 (Wednesday, December 7, 2022)]
[Senate]
[Pages S7038-S7040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 CLEAR AND CONCISE CONTENT ACT OF 2022

  Ms. HASSAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 502, S. 4577.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4577) to improve plain writing and public 
     experience, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 4577

       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 ``Clear and Concise Content 
     Act of 2022''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agency.--The term ``agency'' means an executive agency 
     and a military department, as such terms are defined in 
     sections 105 and 102 of title 5, United States Code, 
     respectively.
       (2) Covered content.--The term ``covered content''--
       (A) means any content that--
       (i) is necessary for obtaining any benefit or service from 
     the Federal Government or for filing taxes; or
       (ii) provides information about--

       (I) any benefit or service from the Federal Government;
       (II) any operations, policies, or guidance of an agency 
     that are of material importance to the agency and are posted 
     publicly by the agency, including any explanation of how to 
     comply with a requirement the Federal Government administers 
     or enforces;
       (III) how to interact with or provide feedback to an agency 
     regarding the operations, policies, or guidance of the 
     agency; or
       (IV) how to navigate or interact with any agency website, 
     digital service, or office;

       (B) includes--
       (i) (whether in paper or electronic form) a letter, 
     publication, form, notice, guidance, policy, instruction, or 
     official correspondence of an agency;
       (ii) all content necessary for public understanding, 
     interaction, and use of an agency digital service or website; 
     and
       (iii) instructions on how to submit comments, feedback, or 
     information in response to a regulation during any portion of 
     the rulemaking or implementation process for a regulation; 
     and
       (C) subject to subparagraph (B)(iii), does not include a 
     regulation.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) Open government data asset.--The term ``open Government 
     data asset'' has the meaning given that term in section 3502 
     of title 44, United States Code.
       (5) Plain writing.--The term ``plain writing'' means 
     writing that is clear, concise, well-organized, and follows 
     other best practices appropriate to the subject or field and 
     intended audience, including an audience who may be disabled, 
     may not be proficient in English, or may otherwise be 
     disadvantaged or traditionally underserved.

     SEC. 3. RESPONSIBILITIES OF THE DIRECTOR.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall rescind outdated 
     guidance and issue new guidance for the creation, 
     maintenance, and use of covered content at agencies.

[[Page S7039]]

       (b) Requirements.--The guidance required under subsection 
     (a) shall--
       (1) establish procedures under which an agency shall review 
     any content in use on the date of enactment of this Act to 
     determine if it is covered content;
       (2) establish policies for an agency to ensure that any 
     content of the agency that is covered content, including any 
     content created or updated after the date of enactment of 
     this Act that is determined to be covered content, is drafted 
     in plain writing;
       (3) establish qualitative and quantitative metrics by which 
     an agency shall be measured for compliance with the 
     requirements to identify covered content, draft covered 
     content in plain writing, and solicit and incorporate public 
     feedback and data to improve public engagement and 
     interaction with the agency;
       (4) prescribe processes by which agencies shall submit 
     agency reports required by the Director, in an appropriate 
     manner and form, to support the governmentwide reports 
     required under subsection (c); and
       (5) require an agency to solicit public feedback, collect 
     data, and routinely test the creation or modification of 
     covered content of the agency.
       (c) Reports to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Director 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     on implementation of this Act by agencies, including the 
     progress of agencies towards the metrics established under 
     subsection (b)(3) and any other information or data 
     determined by the Director to inform Congress and the public 
     on implementation of plain writing in covered content by 
     agencies.
       (2) Public website.--
       (A) In general.--The Director may make the reports 
     submitted under paragraph (1) available on a public website 
     determined by the Director.
       (B) Form.--If the Director makes reports available under 
     subparagraph (A), the reports shall be maintained as open 
     Government data assets.
       (3) Federal government and agency performance plans.--
       (A) Federal government.--The Director shall ensure that the 
     information regarding the Federal Government performance plan 
     and agency performance plans required to be made available 
     under [subsection (b) or (c) of section 1122] subsection (a) 
     or (b) of section 1115 of title 31, United States Code, is 
     treated as covered content and published (whether in paper or 
     electronic form) using plain writing.
       (B) Agency performance plans.--Section 1115(b) of title 31, 
     United States Code, is amended--
       (i) in paragraph (9)(C), by striking ``and'' at the end;
       (ii) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(11) incorporate the metrics established under section 
     3(b)(3) of the Clear and Concise Content Act of 2022.''.

     SEC. 4. AGENCY RESPONSIBILITIES.

       (a) In General.--The head of each agency shall ensure 
     compliance with this Act, including through the designation 
     of a senior officer at the agency (not lower than [the an 
     Assistant Secretary or equivalent) to oversee implementation 
     by the agency, including all bureaus, offices, or other 
     subordinate components of the agency.
       (b) Requirement To Use Plain Language in Covered Content.--
     Except as provided in the amendments made by section 5(1), on 
     and after the date that is 1 year after the date of enactment 
     of this Act, each agency shall use plain writing in all 
     covered content made available by the agency, consistent with 
     the guidance issued by the Director under section 3(a).
       (c) Requirement for Feedback From Customers.--The head of 
     each agency shall ensure that there are opportunities and 
     mechanisms in place (whether in paper or electronic form) 
     that incorporate plain writing instructions for feedback from 
     individuals or entities obtaining services from or engaging 
     in transactions with the agency.
       (d) Public Feedback.--The head of each agency shall 
     maintain an accessible form, survey tool, or other portion of 
     a website of the agency to solicit feedback from the public 
     on compliance with this Act by the agency and to collect the 
     feedback and data required under section 3(b) [(4)] (5).

     SEC. 5. AMENDMENTS TO THE 21ST CENTURY IDEA ACT.

       Section 3 of the 21st Century Integrated Digital Experience 
     Act (44 U.S.C. 3501 note) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not later'' and inserting ``Except as provided in paragraph 
     (9), not later'';
       (B) in paragraph (7), by striking ``and'' at the end;
       (C) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(9) is drafted using plain writing (as defined in section 
     2 of the Clear and Concise Content Act of 2022), as is 
     required under section 4 of such Act for covered content (as 
     defined in section 2 of such Act), by not later than 180 days 
     after the date of enactment of such Act.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not later'' and inserting ``Except as provided in paragraph 
     (2), not later''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) by not later than 1 year after the date of enactment 
     of the Clear and Concise Content Act of 2022, comply with the 
     requirements under subsection (a).''.

     SEC. 6. LIMITATION ON JUDICIAL ENFORCEABILITY.

       (a) Judicial Review.--No court shall have jurisdiction over 
     any claim related to any act or omission arising out of any 
     provision of this Act.
       (b) Enforceability.--No provision of this Act shall be 
     construed to create any right or benefit, substantive or 
     procedural, enforceable by any administrative or judicial 
     action.

     SEC. 7. REPEAL.

       Effective on the date that is 1 year after the date of 
     enactment of this Act, the Plain Writing Act of 2010 (5 
     U.S.C. 301 note) is repealed.

  Ms. HASSAN. Mr. President, I further ask that the committee-reported 
amendments be agreed to; the bill, as amended, be considered read a 
third time and passed; and the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The committee reported amendments were agreed to.
  The bill (S. 4577), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 4577

       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 ``Clear and Concise Content 
     Act of 2022''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agency.--The term ``agency'' means an executive agency 
     and a military department, as such terms are defined in 
     sections 105 and 102 of title 5, United States Code, 
     respectively.
       (2) Covered content.--The term ``covered content''--
       (A) means any content that--
       (i) is necessary for obtaining any benefit or service from 
     the Federal Government or for filing taxes; or
       (ii) provides information about--

       (I) any benefit or service from the Federal Government;
       (II) any operations, policies, or guidance of an agency 
     that are of material importance to the agency and are posted 
     publicly by the agency, including any explanation of how to 
     comply with a requirement the Federal Government administers 
     or enforces;
       (III) how to interact with or provide feedback to an agency 
     regarding the operations, policies, or guidance of the 
     agency; or
       (IV) how to navigate or interact with any agency website, 
     digital service, or office;

       (B) includes--
       (i) (whether in paper or electronic form) a letter, 
     publication, form, notice, guidance, policy, instruction, or 
     official correspondence of an agency;
       (ii) all content necessary for public understanding, 
     interaction, and use of an agency digital service or website; 
     and
       (iii) instructions on how to submit comments, feedback, or 
     information in response to a regulation during any portion of 
     the rulemaking or implementation process for a regulation; 
     and
       (C) subject to subparagraph (B)(iii), does not include a 
     regulation.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) Open government data asset.--The term ``open Government 
     data asset'' has the meaning given that term in section 3502 
     of title 44, United States Code.
       (5) Plain writing.--The term ``plain writing'' means 
     writing that is clear, concise, well-organized, and follows 
     other best practices appropriate to the subject or field and 
     intended audience, including an audience who may be disabled, 
     may not be proficient in English, or may otherwise be 
     disadvantaged or traditionally underserved.

     SEC. 3. RESPONSIBILITIES OF THE DIRECTOR.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall rescind outdated 
     guidance and issue new guidance for the creation, 
     maintenance, and use of covered content at agencies.
       (b) Requirements.--The guidance required under subsection 
     (a) shall--
       (1) establish procedures under which an agency shall review 
     any content in use on the date of enactment of this Act to 
     determine if it is covered content;
       (2) establish policies for an agency to ensure that any 
     content of the agency that is covered content, including any 
     content created or updated after the date of enactment of 
     this Act that is determined to be covered content, is drafted 
     in plain writing;
       (3) establish qualitative and quantitative metrics by which 
     an agency shall be measured for compliance with the 
     requirements to identify covered content, draft covered

[[Page S7040]]

     content in plain writing, and solicit and incorporate public 
     feedback and data to improve public engagement and 
     interaction with the agency;
       (4) prescribe processes by which agencies shall submit 
     agency reports required by the Director, in an appropriate 
     manner and form, to support the governmentwide reports 
     required under subsection (c); and
       (5) require an agency to solicit public feedback, collect 
     data, and routinely test the creation or modification of 
     covered content of the agency.
       (c) Reports to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Director 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     on implementation of this Act by agencies, including the 
     progress of agencies towards the metrics established under 
     subsection (b)(3) and any other information or data 
     determined by the Director to inform Congress and the public 
     on implementation of plain writing in covered content by 
     agencies.
       (2) Public website.--
       (A) In general.--The Director may make the reports 
     submitted under paragraph (1) available on a public website 
     determined by the Director.
       (B) Form.--If the Director makes reports available under 
     subparagraph (A), the reports shall be maintained as open 
     Government data assets.
       (3) Federal government and agency performance plans.--
       (A) Federal government.--The Director shall ensure that the 
     information regarding the Federal Government performance plan 
     and agency performance plans required to be made available 
     under subsection (a) or (b) of section 1115 of title 31, 
     United States Code, is treated as covered content and 
     published (whether in paper or electronic form) using plain 
     writing.
       (B) Agency performance plans.--Section 1115(b) of title 31, 
     United States Code, is amended--
       (i) in paragraph (9)(C), by striking ``and'' at the end;
       (ii) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(11) incorporate the metrics established under section 
     3(b)(3) of the Clear and Concise Content Act of 2022.''.

     SEC. 4. AGENCY RESPONSIBILITIES.

       (a) In General.--The head of each agency shall ensure 
     compliance with this Act, including through the designation 
     of a senior officer at the agency (not lower than an 
     Assistant Secretary or equivalent) to oversee implementation 
     by the agency, including all bureaus, offices, or other 
     subordinate components of the agency.
       (b) Requirement To Use Plain Language in Covered Content.--
     Except as provided in the amendments made by section 5(1), on 
     and after the date that is 1 year after the date of enactment 
     of this Act, each agency shall use plain writing in all 
     covered content made available by the agency, consistent with 
     the guidance issued by the Director under section 3(a).
       (c) Requirement for Feedback From Customers.--The head of 
     each agency shall ensure that there are opportunities and 
     mechanisms in place (whether in paper or electronic form) 
     that incorporate plain writing instructions for feedback from 
     individuals or entities obtaining services from or engaging 
     in transactions with the agency.
       (d) Public Feedback.--The head of each agency shall 
     maintain an accessible form, survey tool, or other portion of 
     a website of the agency to solicit feedback from the public 
     on compliance with this Act by the agency and to collect the 
     feedback and data required under section 3(b)(5).

     SEC. 5. AMENDMENTS TO THE 21ST CENTURY IDEA ACT.

       Section 3 of the 21st Century Integrated Digital Experience 
     Act (44 U.S.C. 3501 note) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not later'' and inserting ``Except as provided in paragraph 
     (9), not later'';
       (B) in paragraph (7), by striking ``and'' at the end;
       (C) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(9) is drafted using plain writing (as defined in section 
     2 of the Clear and Concise Content Act of 2022), as is 
     required under section 4 of such Act for covered content (as 
     defined in section 2 of such Act), by not later than 180 days 
     after the date of enactment of such Act.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not later'' and inserting ``Except as provided in paragraph 
     (2), not later''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) by not later than 1 year after the date of enactment 
     of the Clear and Concise Content Act of 2022, comply with the 
     requirements under subsection (a).''.

     SEC. 6. LIMITATION ON JUDICIAL ENFORCEABILITY.

       (a) Judicial Review.--No court shall have jurisdiction over 
     any claim related to any act or omission arising out of any 
     provision of this Act.
       (b) Enforceability.--No provision of this Act shall be 
     construed to create any right or benefit, substantive or 
     procedural, enforceable by any administrative or judicial 
     action.

     SEC. 7. REPEAL.

       Effective on the date that is 1 year after the date of 
     enactment of this Act, the Plain Writing Act of 2010 (5 
     U.S.C. 301 note) is repealed.

                          ____________________