II Calendar No. 502 117th CONGRESS 2d Session S. 4577 [Report No. 117–159] IN THE SENATE OF THE UNITED STATES July 21, 2022 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 September 22, 2022 Reported by Mr. Peters , with amendments Omit the part struck through and insert the part printed in italic A BILL To improve plain writing and public experience, and for other purposes.

1. Short title This Act may be cited as the Clear and Concise Content Act of 2022 . 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. 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 (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 . . 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) . 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). . 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. 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.

September 22, 2022 Reported with amendments