Trust in Public Service Act

II 117TH CONGRESS 1ST SESSION S. 1934 To improve public trust in the Federal Government by establishing customer experience as a central measure of performance for agencies and the Federal Government, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. MURPHY (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 A BILL To improve public trust in the Federal Government by estab- lishing customer experience as a central measure of per- formance for agencies and the Federal Government, 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 ‘‘Trust in Public Service 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1934 IS (1) Although the public believes that the Fed- 1 eral Government serves an indispensable role and 2 often performs quite well, overall trust in the Fed- 3 eral Government is at historic lows. 4 (2) Agencies face competing requirements and 5 respond to evolving and diverse needs in a context 6 of uncertainty and constrained resources. To per- 7 form this challenging job for the benefit of the pub- 8 lic, experimentation, learning, and failure should be 9 expected and welcomed. Congress must support 10 agencies throughout this process by balancing tradi- 11 tional oversight with dedicated efforts to celebrate 12 progress and locate setbacks within a broader con- 13 text. 14 (3) Improving public trust requires delivering 15 tangible results that address the needs of the public, 16 including those needs that span agencies or require 17 coordination with State, local, Tribal, or territorial 18 governments. But improving public trust also re- 19 quires the Federal Government to consider much 20 more deeply how interaction with the public shapes 21 public perceptions and how communication by the 22 Federal Government can provide better context on 23 the many ways in which the Federal Government 24 serves the public. 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1934 IS (4) In terms of public interaction, whether seek- 1 ing a small business loan, veterans’ services, Social 2 Security benefits, or other service or information, 3 the people of the United States deserve a customer 4 experience that matches or exceeds that of leading 5 private sector organizations. This level of customer 6 experience means experiences are seamless, con- 7 nected, inclusive, effective, consistent, and reliable. 8 (5) Customer experience (commonly referred to 9 as ‘‘CX’’) is a vital means for agencies to pursue 10 their missions in a more effective and responsive 11 way and at a lower cost, as research shows that cus- 12 tomer experience is linked to— 13 (A) more accurate and timely data submis- 14 sions; 15 (B) increased feedback that improves serv- 16 ices through 3 different means, which include— 17 (i) process, procedure, product, or 18 safety improvement; 19 (ii) uncovering unmet customer needs 20 that require a new or innovative approach; 21 and 22 (iii) informing leadership decision 23 making so that agencies are grounded in 24 improving customer outcomes; 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1934 IS (C) improved compliance with agency regu- 1 lations and guidance; and 2 (D) improved workforce morale and reten- 3 tion. 4 (6) Customer experience is also highly cor- 5 related with public trust in the Federal Government 6 and is therefore essential for broader efforts of the 7 Federal Government to earn and maintain the con- 8 sent of the governed. 9 (7) Yet the Forrester’s 2020 Federal Customer 10 Experience Index noted that Federal customer expe- 11 rience lags behind all sectors of private industry. 12 While the Federal Government faces constraints that 13 the private sector does not face, including competing 14 requirements, such as balancing speed and com- 15 bating fraud, an obligation to serve the entire public, 16 less nimble workforce and hiring policies, and per- 17 sonnel and spending constraints, the Federal Gov- 18 ernment has both the ability and imperative to im- 19 prove customer experience. 20 (8) Research also shows a strong correlation be- 21 tween employee engagement and the quality of cus- 22 tomer experience. Employees provide better cus- 23 tomer experience when they feel valued and identify 24 with the missions of their agencies, and, as customer 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1934 IS experience and confidence in the agency improves, 1 those employees become even more committed, cre- 2 ative, and professional. 3 (9) The Federal Government has made signifi- 4 cant progress on improving customer experience, in- 5 cluding through— 6 (A) efforts within the General Services Ad- 7 ministration, such as the 18F Office, the 10X 8 Program, the U.S. Web Design System, the 9 Digital.gov communities and website, and the 10 Presidential Innovation Fellows Program; 11 (B) the Smarter IT Schedule A hiring au- 12 thority issued by the Director of the Office of 13 Personnel Management; 14 (C) the Technology Modernization Fund 15 established under section 1078 of the National 16 Defense Authorization Act for Fiscal Year 2018 17 (40 U.S.C. 11301 note), which provides broad 18 authority for information technology moderniza- 19 tion to improve customer experience and public- 20 facing digital services; 21 (D) efforts on employee engagement by the 22 Office of Personnel Management and the Office 23 of Management and Budget; 24 (E) the United States Digital Service; 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1934 IS (F) Executive Order 12862 (31 U.S.C. 1 501 note; relating to setting customer service 2 standards) and Executive Order 13571 (76 3 Fed. Reg. 24339; relating to streamlining serv- 4 ice delivery and improving customer service); 5 (G) efforts of the executive branch as of 6 the date of enactment of this Act, including— 7 (i) Section 280 of Circular A11 Part 8 6 (2021) of the Office of Management and 9 Budget; and 10 (ii) the establishment of dedicated in- 11 dividuals at the Office of Management and 12 Budget to work on cross-agency customer 13 experience initiatives and information col- 14 lection reviews; 15 (H) the designation of high-impact service 16 providers and the sharing of feedback perform- 17 ance data, customer experience capacity assess- 18 ments, and customer experience action plans on 19 a dedicated website; 20 (I) individual agencies that are early 21 adopters of customer experience approaches, in- 22 cluding the Veterans Experience Office of the 23 Department of Veterans Affairs; and 24 (J) legislation, including— 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1934 IS (i) the Digital Accountability and 1 Transparency Act of 2014 (31 U.S.C. 2 6101 note); 3 (ii) the 21st Century Integrated Dig- 4 ital Experience Act (44 U.S.C. 3501 note); 5 and 6 (iii) pending legislation. 7 (10) With respect to communication, agencies 8 have both a constitutional duty and an operational 9 imperative to better communicate how those agen- 10 cies serve the public, including through stories of 11 human-level impact, compelling design, and inter- 12 active platforms that make the public feel valued 13 and included, particularly if agencies work in 14 counterintuitive, preventative, or subtle ways. 15 (11) A push towards open government, in par- 16 ticular through data.gov, performance.gov, chal- 17 lenge.gov, and other transparency efforts, are vital 18 steps to improving public confidence and decision- 19 making and service delivery. Additionally, open data 20 is a vital service for the public that researchers, 21 businesses, nonprofit organizations, and the public 22 alike can use to innovate, promote economic growth, 23 and take an active role in improving communities 24 alongside the Federal Government. 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1934 IS (12) But open government is not enough. To 1 truly nourish a debate about the achievements and 2 role of the Federal Government, rather than simply 3 making information available, agencies must commu- 4 nicate their mandates, performance, and data in a 5 manner that ensures that the public understands the 6 broader context in which those agencies operate and 7 the real-world impact of those agencies. 8 (13) In performing the tasks described in para- 9 graph (12), the Federal Government has broad lati- 10 tude to communicate to the public in tailored, cre- 11 ative, and compelling ways. Provisions in annual ap- 12 propriations Acts typically bar agencies from engag- 13 ing in impermissible publicity or propaganda. Al- 14 though those provisions prohibit agencies from en- 15 gaging in self-aggrandizement, covert propaganda 16 and purely partisan communications, those provi- 17 sions do not restrict agencies from engaging in le- 18 gitimate activities to inform the public about agency 19 programs. Full compliance with those provisions pre- 20 sents no bar for an agency to fully implement the 21 activities authorized and encouraged in this Act. As 22 necessary, agencies may seek decisions and informal 23 technical assistance from the Comptroller General of 24 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1934 IS the United States concerning the applicability of 1 prohibitions against publicity or propaganda. 2 (14) USA.gov and other-Government wide plat- 3 forms, such as login.gov, have the potential to be- 4 come interactive, personalized, and compelling por- 5 tals to the Federal Government and enable the pub- 6 lic to both address its needs, learn about the myriad 7 ways in which the Federal Government improves the 8 lives of the public, and develop a greater sense of 9 pride in the Federal Government. However, the cur- 10 rent incarnations of Government-wide communica- 11 tion platforms fall well short of this vision. 12 SEC. 3. SENSE OF CONGRESS. 13 Is it the sense of Congress that— 14 (1) agencies must— 15 (A) continue to develop customer-centered 16 mindsets as a means to providing high-quality, 17 responsive, inclusive, reliable, transparent, em- 18 pathetic, courteous, and efficient services to the 19 people of the United States; and 20 (B) use public feedback and human-cen- 21 tered design practices to continually improve 22 services; 23 (2) all agency interaction with the public must 24 be seen as an invaluable opportunity to strengthen 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1934 IS the bond of trust between the people of the United 1 States and the Federal Government as a whole; 2 (3) to this end, the Federal Government 3 must— 4 (A) adopt a whole-of-Government, inte- 5 grated, and enterprise approach to service deliv- 6 ery; 7 (B) build out the technical capacity of the 8 Federal Government, as has been done with the 9 establishment of the United States Digital 10 Service and the Technology Transformation 11 Service of the General Services Administration, 12 that creates a strategy, accountability, and per- 13 formance framework for identifying and defin- 14 ing experiences and managing improvements 15 across agency delivery systems; 16 (C) enhance customer experience based on 17 an understanding of true needs of the public, 18 rather solely on individual agency or program 19 mandates; 20 (D) identify ambitious agency and Govern- 21 ment-wide customer experience priorities; 22 (E) develop consistent approaches to cus- 23 tomer experience across the Federal Govern- 24 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1934 IS ment, as consistency is central to building Gov- 1 ernment-wide trust; and 2 (F) mobilize resources to support the Chief 3 of Staffs, Chief Operating Officers, or equiva- 4 lent officials, of agencies and hold those offi- 5 cials accountable for customer experience 6 through statutorily-established councils, such as 7 the Performance Improvement Council, the 8 Chief Information Officers Council, the Chief 9 Data Officers Council, the Evaluation Officer 10 Council, the Chief Human Capital Officers 11 Council, and the President’s Management 12 Council; 13 (4) while the imperative to improve customer 14 experience particularly applies to high-impact service 15 providers, which have frequent interaction with the 16 public or high profiles, all agencies, no matter the 17 scope of the mission of an agency or the manner in 18 which an agency works, have an obligation and op- 19 portunity to proactively and effectively communicate 20 how those agencies serve the public as a means to- 21 wards increasing responsiveness and contributing to 22 public trust in the Federal Government; 23 (5) to understand if information is effectively 24 communicated by agencies, agency communication 25 VerDate Sep 11 2014 18:28 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1934.IS S1934 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1934 IS must be tailored to ensure the public receives and 1 understands information through— 2 (A) human-level stories; 3 (B) proactive outreach; 4 (C) modern design, including multimedia; 5 (D) opportunities for public participation; 6 and 7 (E) feedback and testing; 8 (6) to inspire Federal employees and contrac- 9 tors to serve the public in a responsive, creative, and 10 professional manner, agencies must improve em- 11 ployee engagement, including by— 12 (A) regularly soliciting and responding to 13 employee feedback and improving internal agen- 14 cy services, such as human resources and infor- 15 mation technology; and 16 (B) [Text truncated for display. Full text available on Congress.gov.]