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Calendar No. 220
115th Congress} { Report
SENATE
1st Session } { 115-156
_______________________________________________________________________
FEDERAL AGENCY CUSTOMER EXPERIENCE ACT OF 2017
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1088
TO REQUIRE THE COLLECTION OF VOLUNTARY FEEDBACK ON SERVICES PROVIDED BY
AGENCIES, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 14, 2017.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2017
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Satya P. Thallam, Chief Economist
Margaret E. Daum, Minority Staff Director
Stacia M. Cardille, Minority Chief Counsel
Charles A. Moskowitz, Minority Senior Legislative Counsel
Katherine C. Sybenga, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 220
115th Congress} { Report
SENATE
1st Session } { 115-156
======================================================================
FEDERAL AGENCY CUSTOMER EXPERIENCE ACT OF 2017
_______
September 14, 2017.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1088]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1088) to require
the collection of voluntary feedback on services provided by
agencies, and for other purposes, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6
I. Purpose and Summary
The Federal Agency Customer Experience Act of 2017, S.
1088, amends the Paperwork Reduction Act (PRA) to allow
agencies to solicit voluntary customer feedback without first
having to seek approval from the Office of Management and
Budget (OMB), as currently required by the PRA.
II. Background and the Need for Legislation
Originally passed in 1980\1\ and later amended in 1995,\2\
the PRA is intended to, in part, ``minimize the paperwork
burden for individuals'' and entities that interact with the
Federal Government and to ``improve the quality and use of
Federal information to strengthen decisionmaking,
accountability, and openness in Government and society.\3\ This
law assigns to the Director of OMB responsibility for the
``collection of information and the control of paperwork,''\4\
which includes responsibility for ``review[ing] and approv[ing]
proposed agency collections of information.''\5\ The PRA
outlines an explicit process and criteria whereby agencies\6\
undertake certain steps to justify, quantify the impact of, and
submit for approval any proposed information collection; OMB is
responsible for timely review of such proposals, coordination
across agencies, establishment of government-wide standards and
guidelines, and ``minimiz[ing] the Federal information
collection burden, with particular emphasis on those
individuals and entities most adversely affected.''\7\
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\1\Pub. L. No. 96-511, 94 Stat. 2812.
\2\Pub. L. 104-13, 109 Stat. 163.
\3\44 U.S.C. Sec. 3501 (1) and (4).
\4\44 U.S.C. Sec. 3504(c).
\5\44 U.S.C. Sec. 3504(c)(1).
\6\The scope of agencies under this law include both those commonly
understood to be Executive agencies as well as independent regulatory
commissions, as defined in 44 U.S.C. Sec. 3502 (referenced in Section 3
of the PRA).
\7\44 U.S.C. Sec. 3504(c).
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S. 1088 seeks to encourage agencies to collect voluntary
feedback about the quality and perceptions of their services
and interactions with the public by exempting a proscribed
survey instrument from the review requirements under the PRA.
According to the 2016 American Customer Satisfaction Index, the
Federal Government ranks among the bottom of all American
industries in customer satisfaction.\8\ In the 2015 edition of
that same survey, the Federal Government received its lowest
score in nearly a decade.\9\ The bill aims to facilitate the
gathering of useful and timely customer satisfaction
information--the solicitation to participate in a survey is
conducted at the point of service--to encourage continuous
improvement of agency customer service.
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\8\The American Customer Satisfaction Index (ACSI) is a national,
cross-industry measure of customer satisfaction in the United States.
In the 2016 ACSI, the aggregated score for ``Federal Government'' is
68, which is among the bottom three aggregate benchmark scores for all
industries. See American Customer Satisfaction Index, ``ACSI Benchmarks
for U.S. Federal Government 2016,'' available at http://
www.theacsi.org/acsi-benchmarks-for-u-s-federal-government-2016
(accessed Jan. 31, 2017), and American Customer Satisfaction Index,
Benchmarks by Industry: All Industries, available at http://
www.theacsi.org/index.php?option=com-
content&view=article&id=147&catid=&Itemid=212&i=all&sort=Y2016
(accessed July 14, 2017).
\9\American Customer Satisfaction Index, ACSI Federal Government
Report 2015, 1 (Jan. 26, 2016) available at http://www.theacsi.org/
images/stories/images/reports/16jan-Gov-Report.pdf (accessed on July
14, 2017).
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The surveys permitted under S. 1088 would consist of a
limited set of questions developed by the Director of OMB, in
consultation with the Administrator of General Services (and
additional questions developed by the agency). They are to be
entirely voluntary and respondents to them are to remain
anonymous. Individuals who decline to respond are not to be
treated differently by agencies for the purposes of providing
services or information. The results of data collected pursuant
to S. 1088 will be made public in aggregated form through
regular agency reports and a centralized website established by
the Director of OMB.
III. Legislative History
Senator Claire McCaskill (D-MO) introduced S. 1088 on May
10, 2017, with Senator James Lankford (R-OK). The bill was
referred to the Committee on Homeland Security and Governmental
Affairs. The Committee considered S. 1088 at a May 17, 2017
business meeting.
The Committee ordered S. 1088 reported favorably on May 17,
2017, by voice vote en bloc. Senators present for the vote were
Senators Johnson, McCain, Portman, Paul, Lankford, Enzi,
Hoeven, Daines, McCaskill, Tester, Heitkamp, Peters, Hassan,
and Harris. Consistent with Committee Rule 11, the Committee
reports the bill with a technical amendment by mutual agreement
of the Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides the bill's short title, the ``Federal
Agency Customer Experience Act of 2017.''
Section 2. Findings; sense of Congress
This section contains several findings summarized as
follows: (1) ``the Federal Government . . . should seek to
continually improve public services . . . based on customer
feedback''; (2) the public deserves efficient and effective
Federal Government services; (3) many Federal Government
entities ``provide excellent service'' while others ``fall
short''; (4) ``the Federal Government ranks among the bottom of
all industries in the United States in customer satisfaction'';
(5) excellent service increases public confidence in the
government; (6) improvement in customer service ``requires
agencies to work across organizational boundaries, leverage
technology, collect and share standardized data, and develop
customer-centered mindsets and strategies.''
This section also contains a sense of Congress that
agencies should strive to provide the highest quality of
services to the public they serve, using feedback to better
understand and measure quality.
Section 3. Definitions
This section defines the terms ``Administrator'',
``Agency'', ``Covered Agency'', ``Director'', and ``Voluntary
Feedback''.
Section 4. Application of the Paperwork Reduction Act to collection of
voluntary feedback
This section amends the PRA to add a new definition for the
term ``voluntary feedback''.
This section also amends the PRA to add collection of
voluntary feedback to the exemptions to the PRA's requirements
for OMB review of agency information collections.
Section 5. Guidelines for voluntary feedback
This section outlines several requirements that apply to
agencies that solicit voluntary feedback: (1) responses must be
anonymous and ``not be traced to specific individuals or
entities''; (2) declinations to participate will not lead to
differential treatment; (3) solicitations are limited to 10
questions; (4) ``the voluntary nature of the solicitation is
clear''; (5) ``proposed solicitation[s] . . . will contribute
to improved customer service''; (6) solicitations are limited
to once per interaction; (7) ``to the extent practicable, the
solicitation of voluntary feedback is made at the point of
service''; (8) ``instruments for collecting voluntary feedback
are accessible to individuals with disabilities in accordance
with section 508 of the Rehabilitation Act of 1973''; and (9)
``internal agency data governance policies remain in effect.''
Section 6. Customer experience data collection
Subsection (a) stipulates the requirement that the ``head
of each covered agency (or a designee), assisted by and in
coordination with the Chief Performance Officer . . . shall
collect voluntary feedback with respect to services of or
transactions with the covered agency.''
Subsection (b) describes the development and required
content of questions contained in voluntary feedback
solicitations, which shall be a standardized set of questions
developed by ``[t]he Director [of OMB], in coordination with
the Administrator [of General Services].'' The questions should
address: (1) ``overall satisfaction . . . with the specific
interaction or service''; (2) ``the extent to which [they] were
able to accomplish their intended . . . purpose''; (3)
``whether [they] were treated with respect and professionalism;
(4) timeliness of the service; and (5) ``any additional metrics
as determined by the Director [of OMB], in coordination with
the Administrator [of General Services].'' The agency ``Chief
Performance Officer or other senior accountable official for
customer service'' may supplement these questions with agency
or program-specific questions.
Subsection (c) stipulates that ``[t]o the extent
practicable'', voluntary feedback will take place ``across all
platforms or channels'' through which the agency delivers
information or services and that the collection is tied to a
specific interaction.
Subsection (d) describes reporting requirements related to
collection of voluntary feedback. Within one year of this Act's
enactment and at least annually thereafter, covered agencies
must publish on their website and ``submit to the Director [of
OMB] . . . a report that includes the voluntary feedback
required to be collected.'' Further, the Director of OMB shall
establish, ``include and maintain on a publicly available
website links to the information provided on the [agency]
websites.'' Additionally, ``[e]ach covered agency shall
publish, on a regular basis, an aggregated report on the
solicitation of voluntary feedback . . . which shall include:''
(1) ``the intended purpose of each solicitation;'' (2) ``the
appropriate point of contact within each covered agency for
each solicitation;'' (3) ``the questions or survey instrument''
used; and (4) ``a description of how the covered agency uses
the voluntary feedback . . . to improve customer service.''
Section. 7. Customer experience scorecard report
This section requires the Comptroller General of the United
States to submit a report ``assessing the quality of services
provided to the public'' to the Committee and the House of
Representatives Committee on Oversight and Government Reform
within 15 months after the bill is enacted and annually
thereafter for 10 years.
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
July 14, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1088, the Federal
Agency Customer Experience Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
S. 1088--Federal Agency Customer Experience Act of 2017
S. 1088 would authorize federal agencies to gather feedback
(voluntarily and anonymously) from U.S. citizens and customers
regarding agency services. Standard questions developed by the
Office of Management and Budget and the General Services
Administration would be used to solicit that feedback. The bill
also would require agencies to post responses online and to use
the feedback to improve their services. Finally, the bill would
establish a centralized website that would link to all agency
reports and would require the Government Accountability Office
to prepare an annual report on the quality of customer services
provided by federal agencies.
According to information from selected agencies, most
provisions of the bill would expand on current law, policies,
and practices of the federal government. Executive Order 13571
directed agencies to develop customer service plans. In
addition, the Government Performance and Results Act and the
Government Performance and Results Modernization Act require
agencies to improve their performance. Because such efforts are
ongoing and the bill's new reporting requirements are not
significantly different from current requirements, CBO
estimates that implementing the bill would not significantly
affect the federal budget.
Enacting the bill could affect direct spending by agencies
not funded through annual appropriations; therefore, pay-as-
you-go procedures apply. CBO estimates, however, that any net
increase in spending by those agencies would not be
significant. Enacting S. 1088 would not affect revenues.
CBO estimates that enacting S. 1088 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 1088 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
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
S. 1088 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
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
* * * * * * *
Subchapter I--Federal Information Policy
* * * * * * *
SEC. 3502. DEFINITIONS.
(1) * * *
* * * * * * *
(13) * * *
(A) * * *
* * * * * * *
(D) report to third parties, the Federal
Government, or the public regarding such
records; [and]
(14) the term ``penalty'' includes the imposition by
an agency or court of a fine or other punishment; a
judgment for monetary damages or equitable relief; or
the revocation, suspension, reduction, or denial of a
license, privilege, right, grant, or benefit[.] or
(15) the term ``voluntary feedback'' means any
submission of information, opinion, or concern that
is--
(A) voluntarily made by a specific individual
or other entity relating to a particular
service of or transaction with an agency; and
(B) specifically solicited by that agency.
* * * * * * *
SEC. 3518. EFFECT ON EXISTING LAWS AND REGULATIONS.
(a) * * *
(b) * * *
(c) * * *
(1) * * *
(A) * * *
(B) * * *
(C) by compulsory process pursuant to the
Antitrust Civil Process Act and section 13 of
the Federal Trade Commission Improvements Act
of 1980; [or]
(D) during the conduct of intelligence
activities as defined in section 3.4(e) of
Executive Order No. 12333, issued December 4,
1981, or successor orders, or during the
conduct of cryptologic activities that are
communications security activities[.] and
(E) by an agency that is voluntary feedback.
[all]
