PRINTER'S NO. 300
No. 298 Session of 1999
INTRODUCED BY GERLACH, MOWERY, TOMLINSON, CORMAN, O'PAKE AND
SCHWARTZ, FEBRUARY 2, 1999
REFERRED TO STATE GOVERNMENT, FEBRUARY 2, 1999
AN ACT
1 Requiring executive agencies to prepare and submit strategic
2 plans, performance plans and performance reports; and
3 imposing additional powers and duties on the Office of the
4 Budget.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Government
9 Performance and Accountability Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Executive agency." The Governor and the departments,
15 boards, commissions, authorities and other officers and agencies
16 of the Commonwealth. The term shall not include any court or
17 other officer or agency of the unified judicial system, the
18 General Assembly and its officers and agencies, the Auditor
1 General, including the Board of Claims, the State Treasury, the
2 Office of Attorney General or the Public Utility Commission.
3 "Performance goal." A target level of performance expressed
4 as a measurable objective against which actual achievement can
5 be compared, including a goal expressed as a quantitative
6 standard, value or rate.
7 "Program evaluation." An assessment through objective
8 measurement and systematic analysis of the manner and extent to
9 which Commonwealth programs achieve intended objectives.
10 Section 3. Strategic plans.
11 (a) Plan and content.--No later than June 30, 1999, each
12 agency shall submit to the Office of the Budget a long-range
13 strategic plan for improving the effectiveness and efficiency of
14 its operations in accordance with provisions of this section.
15 The plan shall include each of the following items or an
16 explanation why an item does not apply to the agency:
17 (1) A comprehensive mission statement covering the major
18 functions and operations of the agency.
19 (2) A statement of general goals and objectives,
20 including outcome-related goals and objectives, for the major
21 functions and operations of the agency.
22 (3) A description of plans and strategies for achieving
23 the general goals and objectives of the agency, including a
24 description of the operational processes and the resources
25 required to meet those goals and objectives.
26 (4) An identification of those key factors external to
27 the agency and beyond its control that could significantly
28 affect the achievement of the general goals and objectives.
29 (5) A description of the program evaluations to be used
30 by the agency in assessing its performance in meeting its
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1 general goals and objectives, with a schedule for future
2 program evaluations.
3 (b) Time period of plan.--The strategic plan shall cover a
4 period of five years forward from the fiscal year in which it is
5 submitted and shall be updated and revised at least every three
6 years.
7 (c) Forms.--The Office of the Budget shall develop forms and
8 instructions for the use of the agencies in the preparation of
9 their strategic plans.
10 (d) Comments from General Assembly.--When developing a
11 strategic plan, each agency shall solicit and consider the
12 comments and recommendations of the General Assembly.
13 (e) Copies of plans.--The General Assembly shall receive a
14 copy of each strategic plan issued by each agency.
15 Section 4. Performance plans.
16 (a) Plan and content.--Beginning in 1999 and every year
17 thereafter, each agency shall prepare and submit to the Office
18 of the Budget, at the same time it submits its budget for the
19 succeeding fiscal year, an annual performance plan covering each
20 program activity set forth in the budget of such agency. Such
21 plan shall be consistent with the agency's strategic plan and
22 shall:
23 (1) Identify and define performance measures to be used
24 in assessing the relevant outputs, service levels and
25 outcomes of each program activity.
26 (2) Establish performance goals to define the level of
27 performance achieved by a program activity, expressing such
28 goals in an objective and quantifiable form unless authorized
29 to be in an alternative form under subsection (b).
30 (3) Describe the operational processes and the resources
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1 required to meet the performance goals.
2 (4) Describe how the performance goals are related to
3 the general goals and objectives of its long-range strategic
4 plan.
5 (b) Alternative to performance goals.--If an agency, in
6 consultation with the Office of the Budget, determines that it
7 is not feasible to express the performance goals for a
8 particular program activity in an objective, quantifiable and
9 measurable form, the Secretary of the Budget may authorize an
10 alternative form. Such alternative form shall:
11 (1) include a descriptive statement of the alternative
12 as authorized by the Office of the Budget, with sufficient
13 precision and in such terms that would allow for an accurate,
14 independent determination of whether the program activity's
15 performance meets the criteria of the description; or
16 (2) state why it is infeasible or impractical to express
17 a performance goal in any form for the program activity.
18 (c) Submission of plan.--The Governor shall submit to the
19 General Assembly, at the same time he submits his budget, copies
20 of agency performance plans.
21 Section 5. Program performance reports.
22 (a) Submission.--No later than March 1, 2000, and no later
23 than March 1 of each year thereafter, each agency shall prepare
24 and submit to the Governor and the General Assembly a report on
25 program performance for the previous fiscal year.
26 (b) Contents of report.--
27 (1) Each program performance report shall set forth the
28 performance measures established in the agency performance
29 plan, along with the actual program performance achieved
30 compared with the performance goals expressed in the
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1 performance plan for that fiscal year. Each report shall also
2 include actual results for the three preceding fiscal years.
3 (2) If performance goals are specified in an alternative
4 form under section 4(b), the results of such program shall be
5 described in relation to such specifications.
6 (c) Further information.--Each report shall:
7 (1) Review the success of achieving the performance
8 goals of the fiscal year.
9 (2) Where a performance goal has not been met, explain
10 and describe why.
11 (3) Include the summary findings of those program
12 evaluations completed during the fiscal year covered by the
13 report.
14 Section 6. Performance budgeting.
15 No later than December 31, 2000, the Office of the Budget
16 shall submit a report to the Governor and the General Assembly
17 containing its recommendations for linking performance and
18 accountability to budgeting decisions. Such report shall:
19 (1) Describe any difficulties encountered by agencies in
20 preparing strategic plans, performance plans and program
21 performance reports.
22 (2) Consider proposals to waive administrative
23 requirements and controls for an agency in return for
24 specific individual or organizational accountability to
25 achieve a performance goal.
26 (3) Consider systems of penalties and rewards in
27 response to the performance levels achieved by an agency.
28 (4) Recommend whether further legislation should be
29 proposed to implement its recommendations and provide the
30 general provisions of such legislation.
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1 (5) Set forth any recommended changes in the other
2 requirements of this act.
3 Section 7. Legislative oversight.
4 At the request of the General Assembly, the Legislative
5 Budget and Finance Committee shall audit selected agencies to:
6 (1) Certify the accuracy and validity of data submitted
7 through performance reports.
8 (2) Assess the appropriateness of performance measures
9 identified in the performance plan.
10 (3) Evaluate agency performance and effectiveness in
11 achieving the goals and objectives presented in the strategic
12 plan.
13 Section 8. Effective date.
14 This act shall take effect immediately.
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