[Congressional Record Volume 165, Number 126 (Thursday, July 25, 2019)]
[Senate]
[Pages S5115-S5118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FEDERAL AGENCY CUSTOMER EXPERIENCE ACT OF 2019

  Mr. SCOTT of Florida. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 111, S. 
1275.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 1275) to require the collection of voluntary 
     feedback on services provided by agencies, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets, and the parts of the bill intended to be inserted are shown 
in italics.)

                                S. 1275

       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 ``Federal Agency Customer 
     Experience Act of 2019''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) the Federal Government serves the people of the United 
     States and should seek to continually improve public services 
     provided by the Federal Government based on customer 
     feedback;
       (2) the people of the United States deserve a Federal 
     Government that provides efficient, effective, and high-
     quality services across multiple channels;
       (3) many agencies, offices, programs, and Federal employees 
     provide excellent service to individuals;, however, many 
     parts of the Federal Government still fall short on 
     delivering the customer service experience that individuals 
     have come to expect from the private sector;
       (4) according to the 2018 American Customer Satisfaction 
     Index, the Federal Government ranks among the bottom of all 
     industries in the United States in customer satisfaction;
       (5) providing quality services to individuals improves the 
     confidence of the people of the United States in their 
     [government] Government and helps agencies achieve greater 
     impact and fulfill their missions; and
       (6) improving service to individuals requires agencies to 
     work across organizational boundaries, leverage technology, 
     collect and share standardized data, and develop customer-
     centered mindsets and service strategies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) all agencies should strive to provide high-quality, 
     courteous, effective, and efficient services to the people of 
     the United

[[Page S5116]]

     States and seek to measure, collect, report, and utilize 
     metrics relating to the experience of individuals interacting 
     with agencies to continually improve services to the people 
     of the United States; and
       (2) adequate Federal funding is needed to ensure agency 
     staffing levels that can provide the public with appropriate 
     customer service levels.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (3) Covered agency.--The term ``covered agency'' means an 
     agency or component of an agency that is required by the 
     Director to collect voluntary feedback for purposes of 
     section 6, based on an assessment of the components and 
     programs of the agency with the highest impact on or number 
     of interactions with individuals or entities.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Voluntary feedback.--The term ``voluntary feedback'' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code, as added by section 4 of this Act.

     SEC. 4. APPLICATION OF THE PAPERWORK REDUCTION ACT TO 
                   COLLECTION OF VOLUNTARY FEEDBACK.

       Subchapter I of chapter 35 of title 44, United States Code 
     (commonly known as the ``Paperwork Reduction Act''), is 
     amended--
       (1) in section 3502, as amended by section 202(a) of the 
     Foundations for Evidence-Based Policymaking Act of 2018 
     (Public Law 115-435)--
       (A) in paragraph [(13)(D)] (22), by striking ``and'' at the 
     end;
       (B) in paragraph [(14)] (23), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(1524) 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.''; and
       (2) in section 3518(c)(1)--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) by an agency that is voluntary feedback.''.

     SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK.

       Each agency that solicits voluntary feedback shall ensure 
     that--
       (1) responses to the solicitation of voluntary feedback 
     remain anonymous and shall not be traced to specific 
     individuals or entities;
       (2) individuals and entities who decline to participate in 
     the solicitation of voluntary feedback shall not be treated 
     differently by the agency for purposes of providing services 
     or information;
       (3) the solicitation does not include more than 10 
     questions;
       (4) the voluntary nature of the solicitation is clear;
       (5) the proposed solicitation of voluntary feedback will 
     contribute to improved customer service;
       (6) solicitations of voluntary feedback are limited to 1 
     solicitation per interaction with an individual or entity;
       (7) to the extent practicable, the solicitation of 
     voluntary feedback is made at the point of service with an 
     individual or entity;
       (8) instruments for collecting voluntary feedback are 
     accessible to individuals with disabilities in accordance 
     with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d); and
       (9) internal agency data governance policies remain in 
     effect with respect to the collection of voluntary feedback 
     from individuals and entities.

     SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION.

       (a) Collection of Responses.--The head of each covered 
     agency (or a designee), assisted by and in coordination with 
     the senior accountable official for customer service of the 
     covered agency, shall collect voluntary feedback with respect 
     to services of or transactions with the covered agency.
       (b) Content of Questions.--
       (1) Standardized questions.--The Director, in coordination 
     with the Administrator, shall develop a set of standardized 
     questions for use by covered agencies in collecting voluntary 
     feedback under this section that address--
       (A) overall satisfaction of individuals or entities with 
     the specific interaction or service received;
       (B) the extent to which individuals or entities were able 
     to accomplish their intended task or purpose;
       (C) whether the individual or entity was treated with 
     respect and professionalism;
       (D) whether the individual or entity believes they were 
     served in a timely manner; and
       (E) any additional metrics as determined by the Director, 
     in coordination with the Administrator.
       (2) Additional questions.--In addition to the questions 
     developed under paragraph (1), the senior accountable 
     official for customer service at a covered agency may develop 
     questions relevant to the specific operations or programs of 
     the covered agency.
       (c) Additional Requirements.--To the extent practicable--
       (1) each covered agency shall collect voluntary feedback 
     across all platforms or channels through which the covered 
     agency interacts with individuals or other entities to 
     deliver information or services; and
       (2) voluntary feedback collected under this section shall 
     be tied to specific transactions or interactions with 
     customers of the covered agency.
       (d) Reports.--
       (1) Annual report to the director.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and not less frequently than annually 
     thereafter, each covered agency shall publish on the website 
     of the covered agency and submit to the Director, in a manner 
     determined by the Director, a report on the voluntary 
     feedback required to be collected under this section that 
     includes--
       (i) the detailed results, including a summary of how 
     individuals and entities responded to each question;
       (ii) the total number of survey responses; and
       (iii) the response rate for each survey administered.
       (B) Centralized website.--The Director shall--
       (i) include and maintain on a publicly available website 
     links to the information provided on the websites of covered 
     agencies under subparagraph (A); and
       (ii) for purposes of clause (i), establish a website or 
     make use of an existing website, such as the website required 
     under section 1122 of title 31, United States Code.
       (2) Aggregated report.--Each covered agency shall publish, 
     on a regular basis, an aggregated report on the solicitation 
     of voluntary feedback sent to individuals or entities, which 
     shall include--
       (A) the intended purpose of each solicitation of voluntary 
     feedback conducted by the covered agency;
       (B) the appropriate point of contact within each covered 
     agency for each solicitation of voluntary feedback conducted;
       (C) the questions or survey instrument submitted to members 
     of the public as part of the solicitation of voluntary 
     information; and
       (D) a description of how the covered agency uses the 
     voluntary feedback received by the covered agency to improve 
     the customer service of the covered agency.

     SEC. 7. CUSTOMER EXPERIENCE REPORT.

       (a) In General.--Not later than 15 months after the date on 
     which all covered agencies have submitted the first annual 
     reports to the Director required under section 6(d)(1), and 
     every 2 years thereafter until the date that is 10 years 
     after such date, the Comptroller General of the United States 
     shall make publicly available and 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 assessing the data collected and 
     reported by the covered agencies.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) a summary of the information required to be published 
     by covered agencies under section 6(d); and
       (2) a description of how each covered agency will use the 
     voluntary feedback received by the covered agency to improve 
     service delivery.

     SEC. 8. RESTRICTION ON USE OF INFORMATION.

       Any information collected pursuant to this Act, or any 
     amendment made by this Act, may not be used in any appraisal 
     of job performance of a Federal employee under chapter 43 of 
     title 5, United States Code, or any other provision of law.

  Mr. SCOTT of Florida. I ask unanimous consent that the committee-
reported amendments be agreed to and that the bill, as amended, be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. SCOTT of Florida. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there further debate?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (S. 1275), as amended, was passed, as follows:

                                S. 1275

       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 ``Federal Agency Customer 
     Experience Act of 2019''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) the Federal Government serves the people of the United 
     States and should seek to continually improve public services 
     provided by the Federal Government based on customer 
     feedback;
       (2) the people of the United States deserve a Federal 
     Government that provides efficient, effective, and high-
     quality services across multiple channels;

[[Page S5117]]

       (3) many agencies, offices, programs, and Federal employees 
     provide excellent service to individuals, however, many parts 
     of the Federal Government still fall short on delivering the 
     customer service experience that individuals have come to 
     expect from the private sector;
       (4) according to the 2018 American Customer Satisfaction 
     Index, the Federal Government ranks among the bottom of all 
     industries in the United States in customer satisfaction;
       (5) providing quality services to individuals improves the 
     confidence of the people of the United States in their 
     Government and helps agencies achieve greater impact and 
     fulfill their missions; and
       (6) improving service to individuals requires agencies to 
     work across organizational boundaries, leverage technology, 
     collect and share standardized data, and develop customer-
     centered mindsets and service strategies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) all agencies should strive to provide high-quality, 
     courteous, effective, and efficient services to the people of 
     the United States and seek to measure, collect, report, and 
     utilize metrics relating to the experience of individuals 
     interacting with agencies to continually improve services to 
     the people of the United States; and
       (2) adequate Federal funding is needed to ensure agency 
     staffing levels that can provide the public with appropriate 
     customer service levels.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (3) Covered agency.--The term ``covered agency'' means an 
     agency or component of an agency that is required by the 
     Director to collect voluntary feedback for purposes of 
     section 6, based on an assessment of the components and 
     programs of the agency with the highest impact on or number 
     of interactions with individuals or entities.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Voluntary feedback.--The term ``voluntary feedback'' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code, as added by section 4 of this Act.

     SEC. 4. APPLICATION OF THE PAPERWORK REDUCTION ACT TO 
                   COLLECTION OF VOLUNTARY FEEDBACK.

       Subchapter I of chapter 35 of title 44, United States Code 
     (commonly known as the ``Paperwork Reduction Act''), is 
     amended--
       (1) in section 3502, as amended by section 202(a) of the 
     Foundations for Evidence-Based Policymaking Act of 2018 
     (Public Law 115-435)--
       (A) in paragraph (22), by striking ``and'' at the end;
       (B) in paragraph (23), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(24) 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.''; and
       (2) in section 3518(c)(1)--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) by an agency that is voluntary feedback.''.

     SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK.

       Each agency that solicits voluntary feedback shall ensure 
     that--
       (1) responses to the solicitation of voluntary feedback 
     remain anonymous and shall not be traced to specific 
     individuals or entities;
       (2) individuals and entities who decline to participate in 
     the solicitation of voluntary feedback shall not be treated 
     differently by the agency for purposes of providing services 
     or information;
       (3) the solicitation does not include more than 10 
     questions;
       (4) the voluntary nature of the solicitation is clear;
       (5) the proposed solicitation of voluntary feedback will 
     contribute to improved customer service;
       (6) solicitations of voluntary feedback are limited to 1 
     solicitation per interaction with an individual or entity;
       (7) to the extent practicable, the solicitation of 
     voluntary feedback is made at the point of service with an 
     individual or entity;
       (8) instruments for collecting voluntary feedback are 
     accessible to individuals with disabilities in accordance 
     with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d); and
       (9) internal agency data governance policies remain in 
     effect with respect to the collection of voluntary feedback 
     from individuals and entities.

     SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION.

       (a) Collection of Responses.--The head of each covered 
     agency (or a designee), assisted by and in coordination with 
     the senior accountable official for customer service of the 
     covered agency, shall collect voluntary feedback with respect 
     to services of or transactions with the covered agency.
       (b) Content of Questions.--
       (1) Standardized questions.--The Director, in coordination 
     with the Administrator, shall develop a set of standardized 
     questions for use by covered agencies in collecting voluntary 
     feedback under this section that address--
       (A) overall satisfaction of individuals or entities with 
     the specific interaction or service received;
       (B) the extent to which individuals or entities were able 
     to accomplish their intended task or purpose;
       (C) whether the individual or entity was treated with 
     respect and professionalism;
       (D) whether the individual or entity believes they were 
     served in a timely manner; and
       (E) any additional metrics as determined by the Director, 
     in coordination with the Administrator.
       (2) Additional questions.--In addition to the questions 
     developed under paragraph (1), the senior accountable 
     official for customer service at a covered agency may develop 
     questions relevant to the specific operations or programs of 
     the covered agency.
       (c) Additional Requirements.--To the extent practicable--
       (1) each covered agency shall collect voluntary feedback 
     across all platforms or channels through which the covered 
     agency interacts with individuals or other entities to 
     deliver information or services; and
       (2) voluntary feedback collected under this section shall 
     be tied to specific transactions or interactions with 
     customers of the covered agency.
       (d) Reports.--
       (1) Annual report to the director.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and not less frequently than annually 
     thereafter, each covered agency shall publish on the website 
     of the covered agency and submit to the Director, in a manner 
     determined by the Director, a report on the voluntary 
     feedback required to be collected under this section that 
     includes--
       (i) the detailed results, including a summary of how 
     individuals and entities responded to each question;
       (ii) the total number of survey responses; and
       (iii) the response rate for each survey administered.
       (B) Centralized website.--The Director shall--
       (i) include and maintain on a publicly available website 
     links to the information provided on the websites of covered 
     agencies under subparagraph (A); and
       (ii) for purposes of clause (i), establish a website or 
     make use of an existing website, such as the website required 
     under section 1122 of title 31, United States Code.
       (2) Aggregated report.--Each covered agency shall publish, 
     on a regular basis, an aggregated report on the solicitation 
     of voluntary feedback sent to individuals or entities, which 
     shall include--
       (A) the intended purpose of each solicitation of voluntary 
     feedback conducted by the covered agency;
       (B) the appropriate point of contact within each covered 
     agency for each solicitation of voluntary feedback conducted;
       (C) the questions or survey instrument submitted to members 
     of the public as part of the solicitation of voluntary 
     information; and
       (D) a description of how the covered agency uses the 
     voluntary feedback received by the covered agency to improve 
     the customer service of the covered agency.

     SEC. 7. CUSTOMER EXPERIENCE REPORT.

       (a) In General.--Not later than 15 months after the date on 
     which all covered agencies have submitted the first annual 
     reports to the Director required under section 6(d)(1), and 
     every 2 years thereafter until the date that is 10 years 
     after such date, the Comptroller General of the United States 
     shall make publicly available and 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 assessing the data collected and 
     reported by the covered agencies.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) a summary of the information required to be published 
     by covered agencies under section 6(d); and
       (2) a description of how each covered agency will use the 
     voluntary feedback received by the covered agency to improve 
     service delivery.

     SEC. 8. RESTRICTION ON USE OF INFORMATION.

       Any information collected pursuant to this Act, or any 
     amendment made by this Act, may not be used in any appraisal 
     of job performance of a Federal employee under chapter 43 of 
     title 5, United States Code, or any other provision of law.

  Mr. SCOTT of Florida. I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S5118]]

  

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