Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                  Calendar No. 220

115th Congress}                                            { Report
 1st Session  }                                            { 115-156



                              R E P O R T

                                 OF THE


                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 1088



               September 14, 2017.--Ordered to be printed

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2017                     

                    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
 1st Session  }                                            { 115-156



               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.


  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\
    \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).
    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.
    \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:// 
(accessed Jan. 31, 2017), and American Customer Satisfaction Index, 
Benchmarks by Industry: All Industries, available at http://
(accessed July 14, 2017).
    \9\American Customer Satisfaction Index, ACSI Federal Government 
Report 2015, 1 (Jan. 26, 2016) available at
images/stories/images/reports/16jan-Gov-Report.pdf (accessed on July 
14, 2017).
    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 

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 
                                                        Keith Hall.

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):


           *       *       *       *       *       *       *


           *       *       *       *       *       *       *


           *       *       *       *       *       *       *

Subchapter I--Federal Information Policy

           *       *       *       *       *       *       *


          (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 
                  (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.

           *       *       *       *       *       *       *


    (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.