What This Bill Does
This bill requires federal agencies to write all government content in plain language that everyday people can understand. The bill also requires the Director of the Office of Management and Budget to create guidance for agencies on how to create, maintain and use this clear content. The bill repeals an earlier plain writing law from 2010.
##
Who It Affects
Federal agencies and military departments, the public who reads government materials, people applying for government benefits or services, and people filing taxes with the federal government.
##
Key Provisions
- The Director of the Office of Management and Budget must issue guidance on plain writing for covered content within 180 days of the law taking effect, including outdated guidance being removed (Sec. 3(a))
- Each agency must review its existing content and determine what counts as covered content, establish policies to ensure new and updated content uses plain writing, and measure success through specific quality and quantity standards (Sec. 3(b))
- Starting one year after the law takes effect, all agencies must use plain writing in all covered content they provide to the public (Sec. 4(b))
- Each agency must create accessible ways for the public to give feedback on plain writing compliance and collect data to improve how people interact with the agency (Sec. 4(d))
- The Director must submit reports to Congress at least every two years showing how agencies are meeting plain writing goals, and these reports must be available on a public website as open government data (Sec. 3(c))
##
What Changes
If this becomes law, all federal agencies must stop using complicated language in materials that people need to get government benefits, services, or understand government policies. Within one year, agencies must rewrite existing government documents, forms, letters, notices and website content in clear, organized language. Agencies must also ask the public for feedback on whether their writing is actually understandable. The Plain Writing Act of 2010 will be repealed one year after this law takes effect.
##
Important Definitions
**Plain writing:** Writing that is clear, concise, well-organized and follows best practices for the subject matter and intended audience, including people who are disabled, not fluent in English, or traditionally underserved.
**Covered content:** Any government material needed to get federal benefits or services or file taxes, plus any material that explains government benefits, policies, how to interact with agencies, or how to navigate government websites and digital services. This includes letters, forms, notices, guidance, and website instructions. It does not include regulations (official rules with legal force).
**Covered agencies:** Executive agencies and military departments.
##
Effective Date
One year after the law takes effect, agencies must start using plain writing in all covered content. The prior Plain Writing Act of 2010 is repealed one year after this law takes effect.
II
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 Secu-
rity 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Clear and Concise Con-
4
tent Act of 2023’’.
5
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•S 717 RS
SEC. 2. DEFINITIONS.
1
In this Act:
2
(1) AGENCY.—The term ‘‘agency’’ means an
3
executive agency and a military department, as such
4
terms are defined in sections 105 and 102 of title
5
5, United States Code, respectively.
6
(2) COVERED
CONTENT.—The term ‘‘covered
7
content’’—
8
(A) means any content that—
9
(i) is necessary for obtaining any ben-
10
efit or service from the Federal Govern-
11
ment or for filing taxes; or
12
(ii) provides information about—
13
(I) any benefit or service from
14
the Federal Government;
15
(II) any operations, policies, or
16
guidance of an agency that are of ma-
17
terial importance to the agency and
18
are posted publicly by the agency, in-
19
cluding any explanation of how to
20
comply with a requirement the Fed-
21
eral Government administers or en-
22
forces;
23
(III) how to interact with or pro-
24
vide feedback to an agency regarding
25
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•S 717 RS
the operations, policies, or guidance of
1
the agency; or
2
(IV) how to navigate or interact
3
with any agency website, digital serv-
4
ice, or office;
5
(B) includes—
6
(i) (whether in paper or electronic
7
form) a letter, publication, form, notice,
8
guidance, policy, instruction, or official
9
correspondence of an agency;
10
(ii) all content necessary for public
11
understanding, interaction, and use of an
12
agency digital service or website; and
13
(iii) instructions on how to submit
14
comments, feedback, or information in re-
15
sponse to a regulation during any portion
16
of the rulemaking or implementation proc-
17
ess for a regulation; and
18
(C) subject to subparagraph (B)(iii), does
19
not include a regulation.
20
(3) DIRECTOR.—The term ‘‘Director’’ means
21
the Director of the Office of Management and Budg-
22
et.
23
(4) OPEN
GOVERNMENT
DATA
ASSET.—The
24
term ‘‘open Government data asset’’ has the mean-
25
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•S 717 RS
ing given that term in section 3502 of title 44,
1
United States Code.
2
(5) PLAIN WRITING.—The term ‘‘plain writing’’
3
means writing that is clear, concise, well-organized,
4
and follows other best practices appropriate to the
5
subject or field and intended audience, including an
6
audience who may be disabled, may not be proficient
7
in English, or may otherwise be disadvantaged or
8
traditionally underserved.
9
SEC. 3. RESPONSIBILITIES OF THE DIRECTOR.
10
(a) IN GENERAL.—Not later than 180 days after the
11
date of enactment of this Act, the Director shall rescind
12
outdated guidance and issue new guidance for the cre-
13
ation, maintenance, and use of covered content at agen-
14
cies.
15
(b) REQUIREMENTS.—The guidance required under
16
subsection (a) shall—
17
(1) establish procedures under which an agency
18
shall review any content in use on the date of enact-
19
ment of this Act to determine if it is covered con-
20
tent;
21
(2) establish policies for an agency to ensure
22
that any content of the agency that is covered con-
23
tent, including any content created or updated after
24
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•S 717 RS
the date of enactment of this Act that is determined
1
to be covered content, is drafted in plain writing;
2
(3)
establish
qualitative
and
quantitative
3
metrics by which an agency shall be measured for
4
compliance with the requirements to identify covered
5
content, draft covered content in plain writing, and
6
solicit and incorporate public feedback and data to
7
improve public engagement and interaction with the
8
agency;
9
(4) prescribe processes by which agencies shall
10
submit agency reports required by the Director, in
11
an appropriate manner and form, to support the
12
governmentwide reports required under subsection
13
(c); and
14
(5) require an agency to solicit public feedback,
15
collect data, and routinely test the creation or modi-
16
fication of covered content of the agency.
17
(c) REPORTS.—
18
(1) IN GENERAL.—Not later than 1 year after
19
the date of enactment of this Act, and not less fre-
20
quently than every 2 years thereafter, the Director
21
shall submit to the Committee on Homeland Secu-
22
rity and Governmental Affairs of the Senate and the
23
Committee on Oversight and Accountability of the
24
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•S 717 RS
House of Representatives a report on implementa-
1
tion of this Act by agencies, including—
2
(A) the progress of agencies towards
3
achieving the metrics established under sub-
4
section (b)(3);
5
(B) information regarding Government-
6
wide trends or activities related to the imple-
7
mentation of this Act with respect to covered
8
content across 1 or more agencies; and
9
(C) any other information or data deter-
10
mined by the Director to inform Congress and
11
the public regarding plain writing in covered
12
content by agencies.
13
(2) PUBLIC WEBSITE.—The Director shall—
14
(A) make the reports submitted under
15
paragraph (1) available on a public website de-
16
termined by the Director; and
17
(B) maintain the reports as open Govern-
18
ment data assets.
19
(3) FEDERAL GOVERNMENT AND AGENCY PER-
20
FORMANCE PLANS.—
21
(A) FEDERAL GOVERNMENT.—The Direc-
22
tor shall ensure that the information regarding
23
the Federal Government performance plan and
24
agency performance plans required to be made
25
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•S 717 RS
available under subsection (a) or (b) of section
1
1115 of title 31, United States Code, is treated
2
as covered content and published (whether in
3
paper or electronic form) using plain writing.
4
(B) AGENCY PERFORMANCE PLANS.—Sec-
5
tion 1115(b) of title 31, United States Code, is
6
amended—
7
(i) in paragraph (9)(C), by striking
8
‘‘and’’ at the end;
9
(ii) in paragraph (10), by striking the
10
period at the end and inserting ‘‘; and’’;
11
and
12
(iii) by adding at the end the fol-
13
lowing:
14
‘‘(11) incorporate the metrics established under
15
section 3(b)(3) of the Clear and Concise Content Act
16
of 2023.’’.
17
SEC. 4. AGENCY RESPONSIBILITIES.
18
(a) IN GENERAL.—The head of each agency shall en-
19
sure compliance with this Act, including through the des-
20
ignation of a senior officer at the agency (not lower than
21
an Assistant Secretary or equivalent) to oversee implemen-
22
tation by the agency, including all bureaus, offices, or
23
other subordinate components of the agency.
24
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•S 717 RS
(b) REQUIREMENT TO USE PLAIN LANGUAGE IN
1
COVERED CONTENT.—Except as provided in the amend-
2
ments made by section 5(1), on and after the date that
3
is 1 year after the date of enactment of this Act, each
4
agency shall use plain writing in all covered content made
5
available by the agency, consistent with the guidance
6
issued by the Director under section 3(a).
7
(c) REQUIREMENT
FOR
FEEDBACK
FROM
CUS-
8
TOMERS.—The head of each agency shall ensure that
9
there are opportunities and mechanisms in place (whether
10
in paper or electronic form) that incorporate plain writing
11
instructions for feedback from individuals or entities ob-
12
taining services from or engaging in transactions with the
13
agency.
14
(d) PUBLIC FEEDBACK.—The head of each agency
15
shall maintain an accessible form, survey tool, or other
16
portion of a website of the agency to solicit feedback from
17
the public on compliance with this Act by the agency and
18
to collect the feedback and data required under section
19
3(b)(5).
20
SEC. 5. AMENDMENTS TO THE 21ST CENTURY IDEA ACT.
21
Section 3 of the 21st Century Integrated Digital Ex-
22
perience Act (44 U.S.C. 3501 note) is amended—
23
(1) in subsection (a)—
24
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•S 717 RS
(A) in the matter preceding paragraph (1),
1
by striking ‘‘Not later’’ and inserting ‘‘Except
2
as provided in paragraph (9), not later’’;
3
(B) in paragraph (7), by striking ‘‘and’’ at
4
the end;
5
(C) in paragraph (8), by striking the pe-
6
riod at the end and inserting ‘‘; and’’; and
7
(D) by adding at the end the following:
8
‘‘(9) is drafted using plain writing (as defined
9
in section 2 of the Clear and Concise Content Act
10
of 2023), as is required under section 4 of such Act
11
for covered content (as defined in section 2 of such
12
Act), by not later than 180 days after the date of
13
enactment of such Act.’’; and
14
(2) in subsection (b)—
15
(A) in the matter preceding paragraph (1),
16
by striking ‘‘Not later’’ and inserting ‘‘Except
17
as provided in paragraph (2), not later’’; and
18
(B) by striking paragraph (2) and insert-
19
ing the following:
20
‘‘(2) by not later than 1 year after the date of
21
enactment of the Clear and Concise Content Act of
22
2023, comply with the requirements under sub-
23
section (a).’’.
24
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
10
•S 717 RS
SEC. 6. LIMITATION ON JUDICIAL ENFORCEABILITY.
1
(a) JUDICIAL REVIEW.—No court shall have jurisdic-
2
tion over any claim related to any act or omission arising
3
out of any provision of this Act.
4
(b) ENFORCEABILITY.—No provision of this Act shall
5
be construed to create any right or benefit, substantive
6
or procedural, enforceable by any administrative or judi-
7
cial action.
8
SEC. 7. REPEAL.
9
Effective on the date that is 1 year after the date
10
of enactment of this Act, the Plain Writing Act of 2010
11
(5 U.S.C. 301 note) is repealed.
12
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB
Calendar No. 66
118TH CONGRESS
1ST SESSION
S. 717
[Report No. 118–26]
A BILL
To improve plain writing and public experience, and
for other purposes.
MAY 11, 2023
Reported without amendment
VerDate Sep 11 2014
23:25 May 11, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\S717.RS
S717
pbinns on DSKJLVW7X2PROD with $$_JOB