Performance Contracts and Goal Attainment in Government Agencies

ABSTRACT

Public sector reforms introducing performance contracts provide a unique opportunity to investigate goals set for government agencies and factors affecting goal attainment. The article maps the set of goals contained in performance contracts for Danish government agencies in 2000, 2005, and 2008. Performance contracts are found to reflect the complex character of agency goals with performance goals ranging from project initiation to reducing case work time or increasing productivity. The article also analyzes factors affecting goal attainment. Agencies with a large percentage of goals focused on project initiation and production exhibit higher levels of goal attainment. Also, goal attainment improves as agencies and ministries gain experience with performance contracts.

For practitioners, it is relevant that contracts target a wide variety of goals and over time focus increasingly on results. Contracts serve to focus agency attention as three quarters of all demands are met. A crucial factor seems to be whether agencies are in control of formulating and meeting goals. Efforts to improve the contract regime may thus concentrate on enabling government departments to secure ambitious and relevant performance goals.     

Understanding the rise of the regulatory state of the South*

This paper, and the special issue it introduces, explores whether, and how, the rise of the regulatory state of the South, and its implications for processes of governance, are distinct from cases in the North. With the exception of a small but growing body of work on Latin America, most work on the regulatory state deals with the US or Europe, or takes a relatively undifferentiated “legal transplant” approach to the developing world. We use the term “the South” to invoke shared histories of many countries, rather than as a geographic delimiter, even while acknowledging continued and growing diversity among these countries, particularly in their engagement with globalization. We suggest that three aspects of this common context are important in characterizing the rise of the regulatory state of the South. The first contextual element is the presence of powerful external pressures, especially from international financial institutions, to adopt the institutional innovation of regulatory agencies in infrastructure sectors. The result is often an incomplete engagement with and insufficient embedding of regulatory agencies within local political and institutional context. A second is the greater intensity of redistributive politics in settings where infrastructure services are of extremely poor quality and often non‐existent. The resultant politics of distribution draws in other actors, such as the courts and civil society; regulation is too important to be left to the regulators. The third theme is that of limited state capacity, which we suggest has both “thin” and “thick” dimensions. Thin state capacity issues include prosaic concerns of budget, personnel and training; thick issues address the growing pressures on the state to manage multiple forms of engagement with diverse stakeholders in order to balance competing concerns of growth, efficiency and redistribution. These three themes provide a framework for this special issue, and for the case studies that follow. We focus on regulatory agencies in infrastructure sectors (water, electricity and telecoms) as a particular expression of the regulatory state, though we acknowledge that the two are by no means synonymous. The case studies are drawn from India, Colombia, Brazil, and the Philippines, and engage with one or more of these contextual elements. The intent is to draw out common themes that characterize a “regulatory state of the South,” while remaining sensitive to the variations in level of economic development and political institutional contexts within “the South.”     

The iteration deficit in responsive regulation: Are regulatory ambassadors an answer?

One reason that regulation is difficult is that repeated encounters between regulator and regulatee are rare. We suggest diplomacy as a model for reconfiguring regulatory institutions in response. Ambassadors for Regulatory Affairs who would be agents for all state regulatory agencies could be based in most large firms and small and medium enterprises that pose unusual regulatory risks. In rural towns, police would be trained as regulatory ambassadors. Just as a US Secretary of State can launch a “diplomatic surge” in Myanmar from 2009, so regulatory surges are possible in market sectors of high risk or high opportunity. We propose strategies of indirect reciprocity as a way in which reciprocity that is only episodic in these strategic ways can promote more general responsiveness. Indirect reciprocity is reciprocity that we do not personally experience, but learn from the experience of a culture. This means that so long as we sustain regulation as a relational as opposed to a purely technocratic process, indirect reciprocity might civilize regulatory compliance in an historical process informed by the theories of Elias and Putnam.     

Do parties matter in delegation? Partisan preferences and the creation of regulatory agencies in Europe

The ideological orientation of parties in government has not been prominently featured in explaining the rise of regulatory agencies. This paper argues that theories based on political uncertainty and credible commitment can yield meaningful predictions regarding the relationship between government preferences and the establishment of regulatory agencies, when ideological orientation is linked with notions of party competence and issue ownership. The empirical section tests three such hypotheses with data on the establishment of 110 regulatory agencies in 20 European democracies between 1980 and 2009, thus providing one of the most comprehensive cross‐national analyses of agency creation to date. The results show that ideologically extreme cabinets are more likely to establish regulatory agencies and that right‐wing governments create more agencies in the economic than in the social domain. These findings partly qualify the view on the scarce relevance of government preferences in explaining the rise of the agency model in regulation and that the emulation mechanism of the diffusion process is the dominant force behind agencification.     

产品质量安全监管体制的国际比较与启示

产品质量问题关系到社会公众的人身与财产安全,对于企业、消费者乃至整个社会都是一个不容回避的问题,发达国家经过长期积淀形成了较为严格与稳定的产品质量安全监管体制,并呈现日渐完善趋势。美国、欧盟与日本等在产品质量安全监管的法律法规、机构设置、技术支撑等方面具有较为成熟的经验与措施,而我国存在产品质量安全法律法规体系不够系统、多部门监管、权责利分配不到位、认证标准体系缺失与滞后等问题。完善我国的产品质量监管,要树立一体化规范制定理念,确保法律体系系统化;整合梳理监管机构职能,促进监管资源的有效配置;引入成熟经验成果,鼓励监管措施多样化。     

Controlling Regulatory Agencies

This article describes the regulatory agencies in Norway as part of the population of state agencies by focusing on who controls and what is controlled and how. The authors analyze whether regulatory agencies are regulated and controlled to different degrees, by different external actors, and in different ways than other agencies, and on whether this control focuses on different aspects. They also examine whether the variation in regulation and control according to type of agency task is sustained if one controls for structural and cultural features. The empirical basis is a broad survey of Norwegian state agencies carried out in 2004, and the theoretical approaches embrace a task-specific, a structural-instrumental and a cultural-institutional perspective. The authors find that regulatory tasks represent a major activity for state agencies in Norway and that external control by both the executive and the legislative bodies of agencies is rather significant. Moreover, in contrast to what one would expect, given current regulatory orthodoxy, regulatory agencies are controlled to a larger extent than other agencies.     

Competition in the weapons acquisition process: The case of U.S. warplanes

Consistent with the recent national trend to dismantle or limit the scope of regulatory agencies and controls, the military services are taking increasing advantage of competition to secure low, realistic prices and costs, as well as improved performance and reliability, for weapons and replacement parts. Using the purchase of combat aircraft and related systems as examples, this article assesses the effects of market structure on competition. Although competition can be effective, the unusual incentives flowing from interservice rivalry and the parochial interests of individual legislators often allow contractors to underbid or “buy in” on early development and production contracts and to “get well” on later contracts. Expanding the role of competition within the present institutional framework holds the potential for some improvement in the procurement process. More fundamental change is necessary to alter the role of Congress and eliminate the influence of undesirable rivalry among the services.     

Driving growth: Regulatory reform and expressways in Indonesia

This article uses the case study of Indonesian governments' attempts to construct a 1,000 kilometer toll road through the densest parts of Java to shed light on how governments with a checkered past of enforcing contracts and protecting private property rights go about establishing the requisite regulatory framework to attract private investment for infrastructure. While regulatory reform has taken place in Indonesia, vested interests and power will keep the country's political economy from taking on World Bank-promoted best practice characteristics. Programs that promote private sector participation in infrastructure need to be reconsidered where the main ingredients for these programs' success exist in small measures.     

Subterranean successes: Durable regulation and regulatory endowments

Scholars sometimes criticize durable regulatory systems for being costly, inefficient, ineffective, and inequitable. This article reassesses regulation, arguing that a mis-categorization of types of regulatory activity has led critics astray. More specifically, the article observes that regulation “hardened” by being built into infrastructure often ceases to be seen as regulation and its benefits are therefore inappropriately omitted from assessments of regulatory accomplishments. Hardening into one or another durable form can create two important benefits: durable regulation moves some items off the agenda of regulators, conserving resources for other regulatory work; durable regulation also creates regulatory endowments, preserving key bargains struck at the time infrastructure was created and reducing future opportunities for capture. Such endowments can then become the foundation for other regulatory work. Examples from the regulation of drinking water in the United States and brief discussions of road safety and disability regulation illustrate the argument.     

Social movements and regulatory agencies: Toward a more adequate—and less pessimistic—Theory of “clientele capture”

Many regulatory agencies were established during the Progressive Era and the New Deal, in part out of faith in their capacity to regulate industry in an apolitical and “scientific” fashion. A number of observers—most notably Marver Bernstein—have noted that many regulatory agencies eventually become “captured” by the very interests they are supposedly regulating. This paper first examines the notion of “clientele capture,” focusing in particular on the development of an operational classification of regulatory policies. It then builds upon Bernstein's suggestion that the cycle of decay commences with the demise of the constituency supporting regulation. Through case studies an effort is made to explore (1) the conditions under which a regulatory agency is likely to actively attempt to develop a supportive constituency and (2) the conditions under which a constituency supportive of aggressive regulation is able to effectively monitor regulatory policy (and to be instrumental in preventing slippage) after the decline in public concern with the issue.     

Out of tune or well tempered? How competition agencies direct the orchestrating state

This article analyzes the impact competition agencies have on the orchestrating role of states in domestic private regulation. I argue that these agencies can significantly affect interactions in the governance triangle through the way they apply a “logic of the market” to evaluate agreements between firms. The regulatory framework of European Union competition law has increasingly constrained the ability of firms to take into account broader interests when making agreements to foster social objectives. This logic of the market clashes with the ever‐increasing emphasis governments place on enabling firms to enter into such agreements. I analyze this tension through a case study of a pact of Dutch retailers to collectively introduce higher animal welfare standards for poultry. Using regulatory network analysis I trace the governance interactions between the governance triangle on the one hand (government, non‐governmental organizations, and firms), and the Dutch competition authority, Autoriteit Consument en Markt (ACM) and the European Commission on the other hand. Attempts by the Dutch government to instruct the ACM to be more lenient toward private regulation were blocked twice by the European Commission. As a result, the Dutch government abandoned private regulation as the preferred mode and proposed a bottom‐up process that would generate public regulation as a way to avoid conflict with competition policy. I argue that paradoxically enough the intervention of these non‐majoritarian competition agencies against the “will” of the governance triangle has potentially increased the effectiveness and legitimacy of orchestration processes.     

Regulatory Agencies—The Challenges of Balancing Agency Autonomy and Political Control

In this article we focus on the dynamic interplay between increase in autonomy of regulatory agencies and political control of those agencies. The general research issues are the weak empirical foundations of regulatory reforms, the complex trade‐off between political control and agency autonomy, the dual process of deregulation and reregulation, the problems of role‐specialization and coordination, and the questions of “smart practice” in regulatory policy and practice. The theoretical basis is agency theories and a broad institutional approach that blend national political strategies, historical‐cultural context, and external pressures to understand regulatory agencies and regulatory reform. This approach is contrasted with a practitioner model of agencies. Empirically the article is based on regulatory reform in Norway, giving a brief introduction to the reform and agency context followed by an analysis of the radical regulatory reform policy introduced recently by the current Norwegian government. We illustrate how regulatory reforms and agencies work in practice by focusing on two specific cases on homeland security and telecommunications.     

Delegation without Agency Loss? The Use of Performance Contracts in Danish Central Government

Performance contracts entered between ministerial departments and their agencies are used throughout the Danish central government. The article analyzes the use of performance contracting in 2005. The analysis draws on transaction cost theory and actor-centered institutionalism, stressing the bargaining aspect of hierarchy and the importance of economic and political transaction costs. The analysis shows considerable variation in the content of performance demands. Ministries with different organizational designs use contracts in markedly different ways and agencies with a strong interface to individual citizens and businesses are more likely to meet demands regulating policy delivery and service levels. Further, contracts contain substantive clauses, the terms of which are largely assessable. It also shows that performance contracts only rarely specify demands related to cost efficiency within agencies. Many of these results are statistically significant, even though a general point is the wide variation in the implementation of performance contracts between individual ministries.     

Assessing the regulatory model for water supply in Jakarta

This article assesses the regulatory model for urban water supply services in Jakarta, the capital of Indonesia. Water supply services have been privately operated there since February 1998 after two companies—Thames PAM Jaya (TPJ), operating in Eastern Jakarta, and PAM Lyonnaise Jaya (PALYJA), operating in Western Jakarta—signed 25‐years concession contracts with the state‐owned Jakarta City Water Company (PAM Jaya). An independent regulatory body, the Jakarta Water Supply Regulatory Body (JWSRB) was established in 2001. The article compares the regulatory system in Jakarta with the French and English approaches to water regulation. It then assesses this regulatory system from the perspective of customers in order to assess how well customer protection, a central purpose of regulation, is being performed. The article concludes that although the essential regulatory mechanisms and activities are operating in Jakarta, the key regulatory role of customer protection is not being performed because customers do not perceive that they receive an acceptable level of water supply services. Copyright © 2008 John Wiley & Sons, Ltd.     

Optimal procurement contracts under a binding budget constraint

The traditional literature on agency models predicts that, for zero liability contracts, it is optimal for the principal to pay for the information he cannot observe. However, this principle is not valid for a set of contracts mostly used by government agencies whose distinguishing feature is represented by a stringent budget constraint for the principal. This paper shows that in this environment the principal will either choose a structure exibiting pooling or a bargaining solution. The bargaining solution represents the analytical proof to the intuition of the difficulty in implementing procurement contracts stated by Laffont and Tirole (1993).     

Domestic drivers of transgovernmental regulatory cooperation

Transgovernmental cooperation among domestic regulators has generated considerable interest among scholars and policymakers. While previous research has focused on describing such regulatory networks, we know very little about what drives individual jurisdictions to join them. The question of membership is important because it determines the reach of rules and standards promulgated by a given network, and because it is logically prior to understanding the rulemaking dynamic within a network. We develop a set of hypotheses that highlight the role of domestic political factors in shaping network membership. Our empirical analysis, using an original data set for transgovernmental cooperation in securities and insurance regulation, finds that the institutional form of domestic market regulation, as well as the relative domestic weight of the industry, are closely correlated with membership. All else equal, jurisdictions with independent regulatory agencies and those where the industry in question represents a large share of gross domestic product are much more likely to join the respective network than jurisdictions without these characteristics. The paper underscores the important interactions between domestic and international factors for informal cooperation, an issue that has become increasingly central to global governance.     

The congressional veto: Shifting the balance of administrative control

During the past decade, hundreds of provisions have been enacted by Congress giving that body some form of control over the projects and regulations of federal agencies. Pressures for more far-reaching measures of this sort, including a proposal to vest Congress with a veto of all regulations promulagated by federal agencies, have intensified debate on both the constitutional merits and administrative wisdom of the congressional veto process. These measures are exerting considerable effect, delaying the decisions of the agencies, reshaping the regulatory process, and increasing the direct congressional role in setting administrative agendas and substantive policies. The result is a transfer of administrative power to the more than 200 standing committees and subcommittees of the Congress-and, significantly, to their staffs. This transfer has served to impede the executive chain of command, to diminish the role of independent regulatory agencies as experts in their respective fields, to devalue judicial review of agency action, and to reduce the accountability of the affected agencies.     

THE USE OF RISK ANALYSIS IN FEDERAL REGULATORY AGENCIES: AN EXPLORATION1

This paper reports on an exploratory study of the role of risk analysis in seven federal agencies concerned with health, safety, and environmental regulation. Interviews with key decision-makers suggest that the use of risk analysis has increased in recent years, but that its employment in risk management decision-making varies considerably both within given agencies and across agencies and policy areas. Despite methodological and institutional constraints, risk analysis is likely to play a greater role in the future as demands for comparative assessment of technological risks increase.     

Torn in translation: An ethnographic study of regulatory decision‐making in Turkey

There is much literature on the diffusion and translation of regulatory agencies from the perspective of formal political models. Ethnographic research of regulation process is, however, much less common. This is even more evident with regards to the study of regulatory agencies established outside the “West.” This article analyzes the translation process of the Turkish tobacco regulatory agency, which was established in 2002, under commitments made to the International Monetary Fund and the World Bank. Based on an ethnographic analysis of two controversial cases, the study shows that tobacco regulation was being shaped and pursued in an environment of ambivalence and uncertainty. The study concludes that the decision‐making process of the agency is context‐specific and constructed within the perpetual struggles and interactions among the actors involved in this process.     

Probity Auditing: Keeping the Bureaucrats Honest?

The use of probity audits has flourished in the public sector in recent years. This growth has been accompanied by the development of probity guidelines by a number of central agencies and infrastructure providers across Australia. However, these guidelines tend to focus on competitive procurement processes and ignore broader factors applying to other processes in which probity audits are also used. Further, as there are no professional standards governing a probity audit (unlike most other types of audit), it is important that agencies have a clear understanding of their benefits and limitations and of the skills and experience required of a probity auditor before they commission one.