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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Reported in Senate (RS)]

<DOC>

                                                        Calendar No. 66
118th CONGRESS
  1st Session
                                 S. 717

                          [Report No. 118-26]

To improve plain writing and public experience, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2023

  Mr. Peters (for himself and Mr. Lankford) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                              May 11, 2023

               Reported by Mr. Peters, without amendment

_______________________________________________________________________

                                 A BILL

 
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 
2023''.

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.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not less frequently than every 2 
        years thereafter, the Director shall submit to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives a report on implementation of this Act by 
        agencies, including--
                    (A) the progress of agencies towards achieving the 
                metrics established under subsection (b)(3);
                    (B) information regarding Government-wide trends or 
                activities related to the implementation of this Act 
                with respect to covered content across 1 or more 
                agencies; and
                    (C) any other information or data determined by the 
                Director to inform Congress and the public regarding 
                plain writing in covered content by agencies.
            (2) Public website.--The Director shall--
                    (A) make the reports submitted under paragraph (1) 
                available on a public website determined by the 
                Director; and
                    (B) maintain the reports 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 2023.''.

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 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.''; 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 2023, 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.
                                                        Calendar No. 66

118th CONGRESS

  1st Session

                                 S. 717

                          [Report No. 118-26]

_______________________________________________________________________

                                 A BILL

To improve plain writing and public experience, and for other purposes.

_______________________________________________________________________

                              May 11, 2023

                       Reported without amendment
```