[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.
____________________