[Senate Report 118-26]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 66
118th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      118-26 
_______________________________________________________________________

                                     



                       CLEAR AND CONCISE CONTENT 
                              ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 717

                  TO IMPROVE PLAIN WRITING AND PUBLIC
                   EXPERIENCE, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                  May 11, 2023.--Ordered to be printed 
                  
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2023
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk


















                                                       Calendar No. 66
118th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      118-26

======================================================================



 
                 CLEAR AND CONCISE CONTENT ACT OF 2023

                                _______
                                

                  May 11, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 717]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 717) to improve 
plain writing and public experience, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 1
 II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 2
 IV. Section-by-Section Analysis of the Bill, as Reported............. 3
  V. Evaluation of Regulatory Impact.................................. 4
 VI. Congressional Budget Office Cost Estimate........................ 5
VII. Changes in Existing Law Made by the Bill, as Reported............ 6

                         I. Purpose and Summary

    S. 717, the Clear and Concise Content Act of 2023 (Content 
Act), would update and replace the Plain Writing Act of 2010 to 
expand the types of information agencies must publish publicly 
in plain writing.\1\ The bill creates a broader definition of 
``covered content'' to ensure nearly all information, guidance, 
instructions, and other material public information are drafted 
in ``plain writing.'' The bill would also require new 
government-wide reporting on qualitative and quantitative 
metrics to ensure agency information improves citizen 
experience, incorporates customer feedback as appropriate, and 
meets other compliance requirements set by the Director of the 
Office of Management and Budget (OMB).\2\
---------------------------------------------------------------------------
    \1\Pub. L. No. 111-274 (2010).
    \2\On August 3, 2022, the Committee approved S. 4577, the Clear and 
Concise Content Act of 2022. That bill is substantially similar to S. 
717. Accordingly, this committee report is, in many respects, similar 
to the committee report for S. 4577. See S. Rept. 117-159.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    When federal agencies publish information on a website or 
require a citizen to apply for a program or benefit using an 
approved form, how the information is drafted and presented can 
be confusing or unclear. Government information intended for 
the public should be easy to understand, access, and use. 
Congress originally attempted to improve interactions with the 
federal government through enactment of the Plain Writing Act 
of 2010 (PWA). However, the PWA generally covered only 
documents related to federal government benefits and services, 
and measured compliance only through annual reporting by 
individual agencies.\3\
---------------------------------------------------------------------------
    \3\5 U.S.C. Sec. 301 note.
---------------------------------------------------------------------------
    The Content Act expands the types of covered content to 
include nearly all information, guidance, instructions, and 
other materially public information (except regulations) that 
an agency publicly posts. Agencies must also take into account 
communications with persons who are disabled, not proficient in 
English, or may be from a historically underserved or 
disadvantaged background. Moreover, the bill directs agencies 
to implement capabilities and processes to collect citizens' 
quantitative feedback and qualitative suggestions on the 
information that agencies present. As a result, the bill would 
ensure that official agency documents, forms, and webpages 
continue to improve the actual user experience, rather than 
reflect the static content initially approved by a federal 
manager.
    The bill requires OMB to establish government-wide plain 
writing metrics to ensure agencies are meeting a consistent, 
high standard for clear and effective communication to 
taxpayers. A single report to Congress, and made available to 
the public, will compile these metrics, so that citizens and 
Congress can compare performance across agencies and 
categories. Lastly, the bill elevates the responsible official 
at agencies for implementation to an Assistant Secretary or 
someone equivalent, to ensure these criteria are incorporated 
into senior-level performance planning, program development and 
administration, and the agency's comprehensive communications 
strategy.

                        III. Legislative History

    Chairman Gary Peters (D-MI) introduced S. 717, the Clear 
and Concise Content Act of 2023, on March 8, 2023, with 
original cosponsor Senator James Lankford (R-OK). The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs.
    The Committee considered S. 717 at a business meeting on 
March 29, 2023. The bill was ordered reported favorably by roll 
call vote of 12 yeas and 0 nays, with Senators Peters, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, Lankford, 
Romney, Scott, and Hawley voting in the affirmative, and with 
Senators Carper, Johnson, and Marshall voting yea by proxy, for 
the record only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the ``Clear 
and Concise Content Act of 2023.''

Section 2. Definitions

    This section creates a new definition for ``covered 
content'' that includes any content that is necessary for 
obtaining any Federal benefit or service; any operations, 
policies or guidance an agency uses that are of material 
importance; provides information about how to interact with or 
give feedback to an agency regarding the agency's operations, 
policies, or guidance; or any content that describes how to 
navigate or interact with any agency website, digital service, 
or office. The definition of ``covered content'' now expressly 
includes: a letter, publication, form, notice, guidance, 
policy, instruction, or official correspondence of an agency; 
all content necessary for public understanding, interaction, 
and use of an agency digital service or website; and 
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 
(though not a regulation itself). The section similarly expands 
the definition of ``plain writing'' to clarify that intended 
audiences include an audience who may be disabled, may not be 
proficient in English, or may otherwise be disadvantaged or 
traditionally underserved. Finally, the section includes 
definitions for ``agency,'' the ``Director'' (of the Office of 
Management and Budget), and ``open Government data asset'' as 
used elsewhere in the U.S. Code.

Section 3. Responsibilities of the Director

    Subsection (a) requires the OMB Director to rescind 
outdated guidance and issue guidance within 180 days for 
compliance with the requirements of the Act.
    Subsection (b) stipulates that the new guidance must: (1) 
establish procedures for agency review of any existing content 
in use on the date of enactment to determine whether it is 
``covered content;'' (2) establish policies for agencies to 
ensure that all covered content is drafted in plain writing; 
(3) establish qualitative and quantitative metrics by which 
agencies individually will be measured to ensure compliance 
with these requirements, including for solicitation and 
incorporation of public feedback and data to improve public 
engagement and interaction; (4) prescribe processes by which 
agencies submit reports to OMB to support government-wide 
reports required under subsection (c); and (5) require agencies 
to solicit public feedback, collect data, and routinely test 
the creation or modification of covered content of the agency.
    Subsection (c) requires the OMB Director to report at least 
every two years to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Oversight and Accountability of the House of Representatives on 
government-wide and agency metrics. The bi-annual reports also 
would need to be made publicly available on a website as open 
government data assets. The section further requires that 
government-wide and agency performance plans be treated as 
covered content and published using plain writing.

Section 4. Agency responsibilities

    Subsection (a) requires each agency head to ensure 
compliance with the Act, including through designation of a 
senior officer at the agency (not lower than Assistant 
Secretary or equivalent) to oversee implementation throughout 
each agency component.
    Subsection (b) operationalizes the requirement to use plain 
writing in all covered content, consistent with the OMB 
guidance under section 3, within one year of enactment.
    Under subsection (c), each agency head would be required to 
ensure there are opportunities and mechanisms in place, 
including instructions in plain writing, for feedback from 
individuals or entities obtaining services from or engaging in 
transactions with the agency.
    Finally, subsection (d) directs each agency head to 
maintain an accessible form, survey tool, or other portion of 
the agency website to solicit feedback from the public on the 
agency's compliance with the requirement to collect feedback 
and data under section 3(b)(5).

Section 5. Amendments to the 21st Century Integrated Digital Experience 
        Act

    This section amends the 21st Century Integrated Digital 
Experience Act (P.L. 115-336) with updates to ensure all 
current agency websites (within 180 days) and all new agency 
websites (within 1 year) meet the plain writing requirements 
for all website content determined to be covered content.

Section 6. Limitations on judicial enforceability

    Subsection (a) precludes court jurisdiction over any claim 
related to any act or omission arising out of the Act.
    Subsection (b) clarifies that nothing in the Act shall be 
construed to create any right or benefit, substantive or 
procedural, enforceable by any administrative or judicial 
action.

Section 7. Repeal

    This section repeals the Plain Writing Act of 2010 one year 
after enactment of the bill.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 717 would expand the definition of ``plain writing'' 
given in the Plain Writing Act of 2010 and clarify the types of 
federal communications to which the definition would apply. The 
bill would require the Office of Management and Budget to issue 
guidance concerning plain writing in federal publications and 
on websites that offer information about federal operations, 
instructions for filing taxes, or obtaining benefits or 
services, for example. The bill also would establish evaluation 
metrics. Federal agencies would be required to implement the 
bill within one year of enactment.
    Implementing S. 717 would increase administrative and 
training expenses throughout the federal government. CBO 
estimates those additional costs would total about $5 million 
annually and $26 million over the 2023-2028 period; any 
spending would be subject to the availability of appropriated 
funds.
    Enacting the bill could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible because most of them can adjust 
amounts collected to reflect changes in operating costs.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 800 (general government).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 717
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       1       5       5       5       5       5        26
Estimated Outlays....................................       1       5       5       5       5       5        26
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

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TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 3--POWERS

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Subchapter I--General Provisions

           *       *       *       *       *       *       *



SEC. 301. DEPARTMENTAL REGULATIONS.

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STATUTORY NOTES AND RELATED SUBSIDIARIES

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                 [PLAIN WRITING IN GOVERNMENT DOCUMENTS

    [Pub. L. 111-274, Oct. 13, 2010, 124 Stat. 2861, provided 
that:

[``SECTION 1. SHORT TITLE.

    [``This Act may be cited as the `Plain Writing Act of 
2010'.

[``SEC. 2. PURPOSE.

    [``The purpose of this Act is to improve the effectiveness 
and accountability of Federal agencies to the public by 
promoting clear Government communication that the public can 
understand and use.

[``SEC. 3. DEFINITIONS.

    [``In this Act:
          [``(1) Agency.--The term `agency' means an Executive 
        agency, as defined under section 105 of title 5, United 
        States Code.
          [``(2) Covered document.--The term `covered 
        document'--
                  [``(A) means any document that--
                          [``(i) is necessary for obtaining any 
                        Federal Government benefit or service 
                        or filing taxes;
                          [``(ii) provides information about 
                        any Federal Government benefit or 
                        service; or
                          [``(iii) explains to the public how 
                        to comply with a requirement the 
                        Federal Government administers or 
                        enforces;
                  [``(B) includes (whether in paper or 
                electronic form) a letter, publication, form, 
                notice, or instruction; and
                  [``(C) does not include a regulation.
          [``(3) Plain writing.--The term `plain writing' means 
        writing that is clear, concise, well-organized, and 
        follows other best practices appropriate to the subject 
        or field and intended audience.

[``SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.

    [``(a) Preparation for Implementation of Plain Writing 
Requirements.--
          [``(1) In general.--Not later than 9 months after the 
        date of enactment of this Act [Oct. 13, 2010], the head 
        of each agency shall--
                  [``(A) designate 1 or more senior officials 
                within the agency to oversee the agency 
                implementation of this Act;
                  [``(B) communicate the requirements of this 
                Act to the employees of the agency;
                  [``(C) train employees of the agency in plain 
                writing;
                  [``(D) establish a process for overseeing the 
                ongoing compliance of the agency with the 
                requirements of this Act;
                  [``(E) create and maintain a plain writing 
                section of the agency's website as required 
                under paragraph (2) that is accessible from the 
                homepage of the agency's website; and
                  [``(F) designate 1 or more agency points-of-
                contact to receive and respond to public input 
                on--
                          [``(i) agency implementation of this 
                        Act; and
                          [``(ii) the agency reports required 
                        under section 5.
          [``(2) Website.--The plain writing section described 
        under paragraph (1)(E) shall--
                  [``(A) inform the public of agency compliance 
                with the requirements of this Act; and
                  [``(B) provide a mechanism for the agency to 
                receive and respond to public input on--
                          [``(i) agency implementation of this 
                        Act; and
                          [``(ii) the agency reports required 
                        under section 5.
    [``(b) Requirement To Use Plain Writing in New Documents.--
Beginning not later than 1 year after the date of enactment of 
this Act, each agency shall use plain writing in every covered 
document of the agency that the agency issues or substantially 
revises.
    [``(c) Guidance.--
          [``(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Director of the 
        Office of Management and Budget shall develop and issue 
        guidance on implementing the requirements of this 
        section. The Director may designate a lead agency, and 
        may use interagency working groups to assist in 
        developing and issuing the guidance.
          [``(2) Interim guidance.--Before the issuance of 
        guidance under paragraph (1), agencies may follow the 
        guidance of--
                  [``(A) the writing guidelines developed by 
                the Plain Language Action and Information 
                Network; or
                  [``(B) guidance provided by the head of the 
                agency that is consistent with the guidelines 
                referred to in subparagraph (A).

[``SEC. 5. REPORTS TO CONGRESS.

    [``(a) Initial Report.--Not later than 9 months after the 
date of enactment of this Act [Oct. 13, 2010], the head of each 
agency shall publish on the plain writing section of the 
agency's website a report that describes the agency plan for 
compliance with the requirements of this Act.
    [``(b) Annual Compliance Report.--Not later than 18 months 
after the date of enactment of this Act, and annually 
thereafter, the head of each agency shall publish on the plain 
writing section of the agency's website a report on agency 
compliance with the requirements of this Act.

[``SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY.

    [``(a) Judicial Review.--There shall be no judicial review 
of compliance or noncompliance with 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. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.

    [``The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010 [2 
U.S.C. 931 et seq.], shall be determined by reference to the 
latest statement titled `Budgetary Effects of PAYGO 
Legislation' for this Act, submitted for printing in the 
Congressional Record by the Chairman of the House Budget 
Committee, provided that such statement has been submitted 
prior to the vote on passage.'']

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TITLE 31--MONEY AND FINANCE

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Subtitle II--The Budget Process

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CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

           *       *       *       *       *       *       *



SEC. 1115. FEDERAL GOVERNMENT AND AGENCY PERFORMANCE PLANS.

    (a) * * *
    (b) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (9) describe major management challenges the agency 
        faces and identify--
                  (A) planned actions to address such 
                challenges;
                  (B) performance goals, performance 
                indicators, and milestones to measure progress 
                toward resolving such challenges; and
                  (C) the agency official responsible for 
                resolving such challenges; [and]
          (10) identify low-priority program activities based 
        on an analysis of their contribution to the mission and 
        goals of the agency and include an evidence-based 
        justification for designating a program activity as low 
        priority[.]; and
          (11) incorporate the metrics established under 
        section 3(b)(3) of the Clear and Concise Content Act of 
        2023.

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TITLE 44--PUBLIC PRINTING AND DOCUMENTS

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CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

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Subchapter I--Federal Information Policy

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SEC. 3501. PURPOSES.

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STATUTORY NOTES AND RELATED SUBSIDIARIES

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21ST CENTURY INTEGRATED DIGITAL EXPERIENCE

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``SEC. 3. WEBSITE MODERNIZATION.

    ``(a) Requirements for New Websites and Digital Services.--
[Not later] Except as provided in paragraph (9), not later than 
180 days after the date of enactment of this Act [Dec. 20, 
2018], an executive agency that creates a website or digital 
service that is intended for use by the public, or conducts a 
redesign of an existing legacy website or digital service that 
is intended for use by the public, shall ensure to the greatest 
extent practicable that any new or redesigned website, web-
based form, web-based application, or digital service--
          ``(1) is accessible to individuals with disabilities 
        in accordance with section 508 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794d);
          ``(2) has a consistent appearance;
          ``(3) does not overlap with or duplicate any legacy 
        websites and, if applicable, ensure that legacy 
        websites are regularly reviewed, eliminated, and 
        consolidated;
          ``(4) contains a search function that allows users to 
        easily search content intended for public use;
          ``(5) is provided through an industry standard secure 
        connection;
          ``(6) is designed around user needs with data-driven 
        analysis influencing management and development 
        decisions, using qualitative and quantitative data to 
        determine user goals, needs, and behaviors, and 
        continually test the website, web-based form, web-based 
        application, or digital service to ensure that user 
        needs are addressed;
          ``(7) provides users of the new or redesigned 
        website, web-based form, web-based application, or 
        digital service with the option for a more customized 
        digital experience that allows users to complete 
        digital transactions in an efficient and accurate 
        manner; [and]
          ``(8) is fully functional and usable on common mobile 
        devices[.]; and
          (9) is drafted using plain writing (as defined in 
        section 2 of the Clear and Concise Content Act of 
        2023), 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.
    ``(b) Requirements for Existing Executive Agency Websites 
and Digital Services.--[Not later] Except as provided in 
paragraph (2), not later than 1 year after the date of 
enactment of this Act, the head of each executive agency that 
maintains a website or digital service that is made available 
to the public shall--
          ``(1) review each website or digital service; and
          [``(2) submit to Congress a report that includes--
                  [``(A) a list of the websites and digital 
                services maintained by the executive agency 
                that are most viewed or utilized by the public 
                or are otherwise important for public 
                engagement;
                  [``(B) from among the websites and digital 
                services listed under subparagraph (A), a 
                prioritization of websites and digital services 
                that require modernization to meet the 
                requirements under subsection (a); and
                  [``(C) an estimation of the cost and schedule 
                of modernizing the websites and digital 
                services prioritized under subparagraph (B).]
          (2) by not later than 1 year after the date of 
        enactment of the Clear and Concise Content Act of 2023, 
        comply with the requirements under subsection (a).

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                                  [all]