[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4577 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 4577
_______________________________________________________________________
AN ACT
To improve plain writing and public experience, and for other purposes.
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 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.
Passed the Senate December 7, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 4577
_______________________________________________________________________
AN ACT
To improve plain writing and public experience, and for other purposes.