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Important Things to Remember • 1. The federal bureaucracy is a complex web of federal agencies with overlapping jurisdic?ons
• 2. Most view the bureaucracy as wasteful, confusing, and rigid
• 3. The federal bureaucracy grew drama?cally as a result of the Great Depression and WWII
• 4. Federal agencies have substan?al power in seIng policy
• 5. The characteris?cs of bureaucrats generally reflect those of the American public
• 6. Congressional oversight is an important check on the powers of the bureaucracy
• 7. The bureaucracy has been called the “fourth branch of government” even though it is not men?oned anywhere in the Cons?tu?on
• 8. Presidents have generally been powerless to affect the structure & opera?on of the federal bureaucracy significantly
• 9. Legal basis for bureaucracy? – Ar?cle II, sec?on 2 gives POTUS “all other officers of the United States, whose appointments are not herein otherwise provided for.”
– Ar?cle II, sec?on 3 states that POTUS “shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.”
What is the bureaucracy? • Def-‐ a systema?c way of organizing a complex & large administra?ve structure. It is responsible for carrying out the day-‐to-‐day tasks of the organiza?on
• It employees over 2.8 million civilians • Theories of Bureaucracy – The Weberian Model – a model of bureaucracy (private or public) developed by the German sociologist Max Weber, who viewed bureaucracies as ra?onal, hierarchical organiza?ons in which power flows from the top downward and decisions are based on logical reasoning and data analysis instead of “gut feelings” and “guesswork.” • Individual advancement in bureaucracies is supposed to be based on merit rather than poli?cal connec?ons.
• The modern bureaucracy, according to Weber, should be an apoli?cal organiza?on.
• Three Main Principles, according to Weber – Hierarchical Authority – similar to a pyramid, with those at the top having authority over those below
– Job Specifica?on – each worker has defined du?es and responsibili?es, a division of labor among workers
– Formal Rules – established regula?ons and procedures that must be followed
– The Acquisi?ve Model – A model of bureaucracy that views top-‐level bureaucrats as seeking constantly to expand the size of their budgets and the staffs of their departments or agencies so as to gain greater power and influence in the public sector.
– The Monopolis?c Model – A model of bureaucracy that compares bureaucracies to monopolis?c business firms. Lack of compe??on within a bureaucracy leads to inefficient and costly opera?ons. Because bureaucracies are not penalized for inefficiency, there is no incen?ve to reduce costs or use resources more produc?vely. • Some economists have argued that such problems can be cured only by priva?zing certain bureaucra?c func?ons.
– The Garbage Can Model – A model of bureaucracy that characterizes bureaucracies as rudderless en??es with ligle formal organiza?on in which solu?ons to problems are based on trial and error rather than ra?onal policy planning. • Choosing the right policy is tricky, because usually it is not possible to determine in advance which solu?on is best. Thus, bureaucrats may have to try one, two, three, or even more policies before they obtain a sa?sfactory result.
Public & Private Bureaucracies • Any large corpora?on or university can be considered a bureaucra?c organiza?on. The fact is that the handling of complex problems requires a division of labor.
• A private corpora?on, such as Microsoh, has a single set of leaders, its board of directors.
• Public bureaucracies, in contrast, do not have a single set of leaders. Although the president is the chief administrator of the federal system, all bureaucra?c agencies are subject to the desires of Congress for their funding, staffing, and their con?nued existence.
• Public bureaucracies serve the ci?zen rather than the stockholder.
• Government bureaucracies are not organized to make a profit. Rather they are supposed to perform their func?ons as efficiently as possible to conserve the taxpayer’s dollars.
History & Growth of the Bureaucracy • The Cons?tu?on made ligle provision for a bureaucracy. The President appoints the heads of execu?ve agencies and nominates Cabinet secretaries. Congress has the right to appropriate money, to inves?gate the agencies, and to shape the laws they administer. As a result, both Congress and the President have control over the bureaucracy.
• In 1789, the new government’s bureaucracy was minuscule. There were three departments – State (with 9 employees), War (with 2 employees), and Treasury (with 39 employees) – and the Office of the Agorney General (which later became the Department of Jus?ce). The bureaucracy was s?ll small in 1798.
• Times have changed. Excluding the military, approximately 2.8 million government employees cons?tute the federal bureaucracy.
• This is somewhat deceiving, however, because there are many others working directly or indirectly for the federal government as subcontractors or consultants and in other capaci?es
• Since 1970, this growth has been mainly at the state and local levels. If all government employees are counted, then more than 15% of all civilian employment is accounted for by government.
• The costs of the bureaucracy are commensurately high and growing. The share of the gross na?onal product taken up by all government spending was only 8.5% in 1929. Today, it exceeds 40%.
Staffing the Bureaucracy • The appointment of public officials has changed over ?me. These appointments are significant because officials affect how laws are interpreted and the tone and effec?veness of their administra?on.
• Patronage (appointments based on poli?cal considera?on) dominated appointments in the nineteenth and early twen?eth centuries. Patronage rewarded supporters, created congressional support, and built party organiza?ons.
• There are two categories of bureaucrats: poli?cal appointees and civil servants. The president is able to make poli?cal appointments to most of the top jobs in the federal bureaucracy. The president can also appoint ambassadors to the most important foreign posts.
• All of the jobs that are considered “poli?cal plums” and that usually go to the poli?cally well connected are listed in Policy and Suppor/ng Posi/ons, a book published by the Government Prin?ng Office aher each presiden?al elec?on → The Plum Book (informal name of Policy and Suppor/ng Posi/ons book).
• Poli?cal Appointees – to fill the posi?ons listed in “The Plum Book,” the president and the president’s advisors solicit sugges?ons from poli?cians, businesspersons, and other prominent individuals. – The president must also take into considera?on such things as the candidate’s work experience, intelligence, poli?cal affilia?ons, and personal characteris?cs.
– Presidents ohen use ambassadorships to reward selected individuals for their campaign contribu?ons.
– Poli?cal appointees are in some sense the aristocracy of the federal government.
– Like the president, a poli?cal appointee will occupy their posi?on for a compara?vely brief ?me. Poli?cal appointees ohen leave office before the president’s term actually ends. The average term of service for a poli?cal appointee is less than 2 years.
• Civil Servants – the professional civil servants who make up the permanent civil service but serve under a normally temporary poli?cal appointee may not feel compelled to carry out their current boss’s direc?ves quickly, because they know that he or she will not be around for very long. – It is extremely difficult to discharge civil servants. Less than 1/10 of 1% of federal employees have been fired for incompetence. Because discharged employees may appeal their dismissals, many months or even years may pass before the issue is resolved inconclusively.
– Under the Civil Service Reform Act of 1978, for example, senior employees can be transferred within their departments and receive salary bonuses and other benefits as incen?ves for being produc?ve and responsive to the goals and policy preferences of their poli?cally appointed superiors.
• History of the Federal Civil Service – when the federal government was formed in 1789, it had no career public servants but rather consisted of amateurs who were almost all Federalists. – When Thomas Jefferson took over as president, he found that few in his party were holding federal administra?ve jobs, so he fired more than 100 officials and replaced them with members of the so-‐called natural aristocracy (a small ruling clique of a society’s “best” ci?zens, whose membership is based on birth, wealth, and ability) that is, his own Jeffersonian (Democra?c) Republicans.
– For the next 25 years, a growing body of federal administrators gained experience and exper?se, becoming in the process professional public servants.
– These administrators stayed in office regardless of who was elected president. The bureaucracy had become a self-‐maintaining, long-‐term element within government.
– To the Victor Belong the Spoils – When Andrew Jackson took over the White House in 1828, he could not believe how many appointed officials (were appointed before he was president) were overtly hos?le toward him and his Democra?c Party. » The bureaucracy – indeed an aristocracy – considered itself the only group fit to rule.
» Jackson was a man of the people, and his policies were Populist in nature. He fired federal officials. The spoils system – an applica?on of the principle that to the victor belong the spoils – reigned. The aristocrats were out and the common folk were in.
» The Civil Service Reform Act of 1883 – Jackson’s spoils system survived for a number of years, but it became increasingly corrupt. Also the size of the bureaucracy increased by 300% between 1851 and 1881. • Reformers began to look at examples of several European countries, which established a professional civil service that operated under a merit system in which job appointments were based on compe??ve examina?ons.
• In 1883, the Pendleton Act or Civil Service Reform Act was passed, bringing to a close the period of Jacksonian spoils. • The act established the principle of employment basis of open, compe??ve examina?ons and created the Civil Service Commission to administer the personnel service.
• Only 10% of the federal employees were ini?ally covered by the merit system.
• Later laws, amendments, and execu?ve orders, increased the coverage to more than 90% of the federal civil service.
• The Supreme Court put an even heavier lid on the spoils system in Elrod v. Burns in 1976 and Bran/ v. Finkel in 1980. In those two cases, the Court used the First Amendment to forbid government officials from discharging or threatening to discharge public employees solely for not being supporters of the poli?cal party in party unless party affilia?on is an appropriate requirement for the posi?on.
• Addi?onal curbs on poli?cal patronage were added in Rutan v. Republican Party of Illinois in 1990. The Court’s ruling effec?vely prevented the use of par?san poli?cal considera?ons as the basis for hiring, promo?ng, or transferring most public employees. An excep?on was permiged for senior policymaking posi?ons, which usually go to officials who will support the programs of the elected leaders.
• The Hatch Act of 1939 – the growing size of the federal bureaucracy created the poten?al for poli?cal manipula?on. In principle, a civil servant is poli?cally neutral. • In 1933, FDR set up his New Deal, a virtual army of civil servants was hired to staff the numerous new agencies that were created. Because the individuals who worked in these agencies owed their jobs to the Democra?c Party, it seemed natural for them to campaign for Democra?c candidates.
• Democrats controlled Congress in the mid-‐1930s did not object. But in 1938, a coali?on of conserva?ve Democrats and Republicans took control of Congress ad forced through the Hatch Act or the PoliAcal AcAviAes Act of 1939.
• The main provision of this act is that civil service employees cannot take an ac?ve part in the poli?cal management of campaigns. It also prohibits the use of federal authority to influence nomina?ons and elec?ons and outlaws the use of bureaucra?c rank to pressure federal employees to make poli?cal contribu?ons.
• In 1972, a federal district court declared the Hatch Act prohibi?on against poli?cal ac?vity to be uncons?tu?onal.
• The U.S. Supreme Court reaffirmed the challenged por?on of the act in 1973, sta?ng that the government’s interest in preserving a nonpar?san civil service was so great that the prohibi?ons should remain.
• The Civil Service Reform Act of 1978 – abolished the Civil Service Commission and created two new federal agencies to perform its du?es. • To administer the civil service laws, rules, and regula?ons, the act created the Office of Personnel Management (OPM). The OPM is empowered to recruit, interview, and test poten?al government workers and determine who should be hired.
• To oversee promo?ons, employees’ rights, and other employment magers, the act created the Merit Systems ProtecAon Board (MSPB). The MSPB evaluates charges of wrong-‐doing, hears employee appeals from agency decisions, and can order correc?ve ac?on against agencies and employees.
Modern Agempts at Bureaucra?c Reform
– Sunshine Laws – in 1976, Congress enacted the Government in the Sunshine Act. It required for the first ?me that all mul?-‐headed federal agencies – about 50 of them – hold their mee?ngs regularly in public session. • The bill defined mee/ngs as almost any gathering, formal or informal, of agency members, including conference telephone calls.
• The only excep?on to this rule of openness are discussions of magers such as court proceedings, or personnel problems, and these excep?ons are specifically listed in the bill.
• Sunshine laws now exist at all levels of government.
– Sunset Laws – a poten?al type of control on the size and scope of the federal bureaucracy consists of sunset legislaAon, which would place government programs on a definite schedule for congressional considera?on. • Unless Congress specifically reauthorized a par?cular federally operated program at the end of a designated period, it would be terminated automa?cally; that is, its sun would set.
• In 1976, a state legislature (Colorado) adopted sunset legisla?on for state regulatory commissions, giving them a life of 6 years before their suns set.
• Today, most states have some type of sunset law.
– Contrac?ng Out – one approach to bureaucra?c reform is contrac?ng out, which occurs when government services are replaced by services from the private sector. • For example, the government might contract with private firms to operate prisons.
• Supporters of contrac?ng out argue that some services could be provided more efficiently by the private sector.
• Another scheme is to furnish vouchers to “clients” in lieu of services. For example, it has been proposed that instead of federally supported housing assistance, the government should offer vouchers that recipients could use to “pay” for housing in privately owned buildings.
• The contrac?ng-‐out strategy has been most successful on the local level.
– Incen?ves for Efficiency and Produc?vity – state governments are beginning to experiment with a variety of schemes to run their opera?ons more efficiently and capably. • For example, many governors, mayors, and city administrators are considering ways in which government can be made more entrepreneurial. Some of the more promising measures have included such tac?cs as permiIng agencies that do not spend their en?re budgets to keep some of the difference and rewarding employees with performance-‐based bonuses.
• At the federal level, the Government Performance and Results Act of 1997 was designed to improve efficiency in the federal workforce. The act required that all government agencies (except the CIA) describe their new goals and establish methods for determining whether those goals are met.
• Some observers believe that the na?on’s diverse economic base cannot be administered competently by tradi?onal bureaucra?c organiza?ons. Consequently, government must become more responsive to cope with the increasing number of demands placed on it.
• Poli?cal scien?sts Joel Aberbach and Bert Rockman take issue with this conten?on. They argue that the bureaucracy has changed significantly over ?me in response to changes desired by various presiden?al administra?ons. In their opinion, many of the problems agributed to the bureaucracy are, in fact, a result of the poli?cal decision-‐making process.
• Other analysts have suggested that the problem lies not so much with tradi?onal bureaucra?c organiza?ons as with the people who run them. According to policy specialist Taegan Goddard and journalist Christopher Riback, what needs to be ‘reinvented” is not the machinery of government but public officials.
• New appointees are ohen untrained for their jobs. According to these authors, if we want to reform the bureaucracy, we should focus on preparing newcomers for the task of “doing” government.
– Helping Out the Whistleblowers – the term whistleblower means someone who blows the whistle on a gross governmental inefficiency or illegal ac?ons. Whistleblowers may be clerical workers, managers, or even specialists, such as scien?sts. • The 1978 Civil Service Reform Act prohibits reprisals against whistleblowers by their superiors and it set up the Merit Systems ProtecAon Board as part of this protec?on.
• About 35% of all calls result in agency ac?on or follow-‐up. • Whistleblower ProtecAon Act of 1989 provided further protec?on against whistleblowing. This act established an independent agency, the Office of Special Counsel (OSC) to inves?gate complaints brought by government employees who have been demoted, fired, or otherwise sanc?oned for repor?ng government fraud or waste.
• False Claims Act of 1986 allows a whistleblower who has disclosed informa?on rela?ng to a fraud perpetrated against the U.S. government to receive a monetary award. If the government chooses to prosecute a case, the whistleblower receives between 15% and 25% of the proceeds. If the government declines to intervene, the whistleblower can bring suit on behalf of the government and will receive between 25% and 30% of the proceeds.
Who are the bureaucrats • Bureaucrats are dis?nct from elected officials. While in prac?ce bureaucrats have some discre?onary authority (for example, police do not arrest ever lawbreaker they see), only elected officials are supposed to have discre?onary authority. This explains why bureaucrats are insulated from being fired for poli?cal purposes and why bureaucrats must engage in seemingly redundant procedures and rules. These assure that policies made at the top are carried out throughout the organiza?on and that every ci?zen is treated the same.
• Recruitment and Reten?on: The federal civil service system was designed to recruit qualified people on the basis of merit and to retain and promote employees on the basis of performance. Many federal officials belong to the compe//ve service, in which they are appointed only aher they have passed a wrigen examina?on. Employees hired outside the compe??ve service are part of the excepted service, which means they are not hired based on an examina?on, but rather in a non-‐par?san fashion. Most bureaucrats cannot be fired easily, although there are informal methods of disciplining. When bureaucrats do get fired, the process usually takes up to a year.
• Personal and Professional Agributes: The bureaucracy is a cross sec?on of American society in terms of the educa?on, sex, race, and social origins of its members. As in the case in the general workforce, African Americans and other minori?es are most likely to be heavily represented in the lowest grade levels and tend to be underrepresented at the execu?ve level. Because of the civil service system, bureaucracies were, for a long ?me, less discriminatory in hiring minori?es and women than private businesses. At higher levels, the typical civil servant is a middle-‐aged man with a college degree whose father was somewhat more advantaged than the average ci?zen. While career civil servants are more pro-‐government than the public at large, on most policy ques?ons they do not have extreme posi?ons.
• The Nature of Their Jobs: Career bureaucrats ohen differ poli?cally from their supervisors and the poli?cal appointees who head their agencies. Nevertheless, most bureaucrats try to carry out policy, even policy with which they disagree. “Whistle-‐Blower” legisla?on protects them from puni?ve ac?on by supervisors for repor?ng waste, fraud, or abuse in structured jobs that make their personal aItudes irrelevant. For example, the EPA agracts bureaucrats who want to protect the environment and public health as well as free marketers who want to insulate companies from unnecessary regula?ons. Both end up performing their jobs in similar ways. Within each agency there is a culture and informal understanding among employees about how they are supposed to act. This culture can mo?vate employees, but it also can make agencies resistant to change.
• Involvement in Iron Triangles and Issue Networks: Agencies have ohen used their posi?ons to form useful power rela?onships with a congressional commigee or an interest group. At one ?me scholars described the rela?onship between an agency, a commigee, and an interest group as an Iron Triangle. Through Iron Triangles, the self-‐interest of all three groups is served. Iron Triangles are far less common today because poli?cs has become too complicated. Issues involve more powerful actors because of the interchange among agencies, Congress, lobbyists, think tanks, academia, and corpora?ons. This interchange has created ISSUE NETWORKS (composed of members of IGs, professors, think tanks, and media who rarely debate government policy on a certain subject). Issue Networks have replaced Iron Triangles.
Bureaucrats as Poli?cians & Policymakers • Because Congress is unable to oversee the day-‐to-‐day administra?on of its programs, it must delegate certain powers to administra?ve agencies. Congress delegates the power to implement legisla?on to agencies through what is called enabling legislaAon. – The enabling legisla?on generally specifies the name, purpose, composi?on, func?ons, and powers of the agency.
– In theory, the agencies should put into effect laws passed by Congress. Laws are ohen drahed in such vague and general terms that they provide ligle guidance to agency administrators as to how the laws should be put into effect. This means that the agency themselves must decide how best to carry out the wishes of Congress.
– Congress realizes it lacks the technical exper?se and the resources to monitor the implementa?on of its laws. The agency is created to fill the gaps. This gap-‐filling role requires the agency to formulate administra?ve rules (regula?ons) to put flesh on the bones of the law. But it also forces the agency itself to assume the role of an unelected policymaker.
– The Rulemaking Environment – the proposed regula?on would be published in the Federal Registrar, a daily government publica?on, so that interested par?es would have an opportunity to comment on it. • Individuals and companies that opposed parts or all of the rule might try to convince the agency to revise or redrah the regula?on.
• Some par?es might then try to persuade the agency to withdraw the proposed regula?on altogether.
• The agency would consider these comments in drahing the final version of the regula?on following the expira?on of the comment period.
• Once the final regula?on has been published in the Federal Registrar, the regula?on might be challenged in court by a party having a direct interest in the rule.
• A budget package signed by the president in 1996 provided some regulatory relief. When an agency now issues a new rule, it has to wait 60 days (instead of 30 days, as previously required) before enforcing the rule. During the wai?ng period, businesses, individuals, and state and local governments can ask Congress to overturn the regula?on rather than having to sue the agency aher the rule takes effect.
– Nego?ated Rulemaking – today, a growing number of federal agencies encourage businesses and public-‐interest groups to become directly involved in the drahing of regula?ons. Agencies hope that such par?cipa?on may help prevent later courtroom bagles over the meaning, applicability, and legal effect of the regula?ons. • Congress formally approved such a process in the NegoAated Rulemaking Act of 1990. The act authorizes agencies to allow those who will affected by a new rule to par?cipate in the rule-‐drahing process.
• If an agency chooses to engage in nego?ated rulemaking, it must publish in the Federal Registrar the subject and scope of the rule to be developed, the par?es that will be affected significantly by the rule, and other informa?on.
• Representa?ves of the affected groups and other interested par?es then may apply to be members of the nego?a?ng commigee. The agency is represented on the commigee, but a neutral third party (not the agency) presides over the proceedings.
• Once the commigee has reached an agreement on the proposed rule, no?ce of the proposed rule is published in the Federal Registrar, followed by a period of comments by any person or organiza?on interested in the proposed rule.
• Nego?ated rulemaking ohen is conducted under the condi?on that the par?cipants promise not to challenge in court the outcome of any agreement to which they were a party.
• Bureaucrats Are Policymakers – how a law passed by Congress eventually is translated into concrete ac?on – from the forms to be filled out to decisions about who gets the benefits – usually is determined within each agency or department. Even the evalua?on of whether a policy has achieved its purpose usually is based on studies that are commissioned and interpreted by the agency administering the program. The bureaucracy’s policymaking role ohen has been depicted by what has been called the “iron triangle.”
• Iron Triangles – a three-‐way alliance among legislators in Congress, bureaucrats, and interest groups in a given policy area. The presump?on was that policy development depended on how a policy affected each component of the iron triangle. – Department’s interests to support policies that enhance their department’s budget and powers will lend whatever support it can to those members of Congress who are in charge of deciding what programs in their departments should be cut, maintained, or created and what amount of funds should be allocated to the department.
– Members of Congress cannot afford to ignore the wishes of interest groups, because those groups are poten?al sources of voter support and campaign contribu?ons. Therefore, the legislators involved in the iron triangle will work closely with interest groups lobbyists when developing new policy.
– Legislators will also work closely with the Department affected, in implemen?ng a policy, can develop rules that benefit – or are not adverse to – certain industries or groups.
– At ?mes, iron triangles have completely thwarted efforts by the president to get the administra?on’s programs enacted.
• Issue Networks – today, policymaking typically involves a complex agempt to balance many conflic?ng demands. Many scholars now use the term “issue network” to describe the policymaking process instead of “iron triangles.” – Ohen, different interest groups concerned about a certain area, such as agriculture, will have conflic?ng demands, which makes agency decision making difficult.
– Addi?onally, government agencies ohen are controlled by more than one legisla?ve group (commigees, subcommigees).
– Divided government in recent years has meant that departments may be pressured by the president to take one approach and by legislators to take another.
– An issue network consists of a group of individuals or organiza?ons that support a par?cular policy posi?on on the environment, taxa?on, consumer safety, or some other issue.
– Typically, an issue network includes legislators and or their staff members, interest groups, bureaucrats, scholars, and other experts, and representa?ves from the media.
– Members of a par?cular issue network work together to influence the president, members of Congress, administra?ve agencies, and the courts to change public policy on a specific issue.
– Each policy issue may involve conflic?ng posi?ons taken by two or more issue networks.
Congressional Control of the Bureaucracy • Authorizing Funds – once an agency is created by enabling legisla?on, Congress must authorize funds for it. The authoriza?on is a formal declara?on by the appropriate legisla?ve commigee that a certain amount of funding may be available for the agency. The authoriza?on itself may terminate in a year, or it may be renewed automa?cally without further ac?on by Congress (Social Security). – Periodic authoriza?ons enable Congress to exercise greater control over the spending programs of an agency, whereas permanent authoriza?ons free Congress from the task of having to review the authoriza?on each year.
– The drawback of permanent authoriza?ons is that they can become almost impossible to control poli?cally.
• Appropria?ng Funds – Aher the funds are authorized, they must be appropriated by Congress. – The appropria?ons commigees of both the House and Senate forward spending bills to their respec?ve bodies.
– The appropria?on of funds occurs when the final bill is passed.
– Congress is not required to appropriate the en?re authorized amount. It may appropriate less if it so chooses.
• Congressional Inves?ga?ons, Hearings, and Review -‐-‐ congressional commigees conduct inves?ga?ons and hold hearings to oversee an agency’s ac?ons, reviewing them to ensure compliance with congressional inten?ons. – The agency’s officers and employees cane be ordered to tes?fy before a commigee about the details of an ac?on.
– Through these oversight ac?vi?es, especially in the ques?oning and commen?ng by members of the House or Senate during the hearings, Congress indicates its posi?on on specific programs and issues.
– Congress can also ask the General Accoun?ng Office (GAO) to inves?gate par?cular agency ac?ons.
– The Congressional Budget Office (CBO) also conducts oversight studies.
– The results of a GAO or CBO study may encourage Congress to hold further hearings or make changes in the law. Even if the law is not changed explicitly by Congress, the views expressed in any inves?ga?ons and hearings are taken seriously by agency officials, who ohen act on those views.
– In 1996, Congress passed the Congressional Review Act. The act created special procedures that could be used to express congressional disapproval of par?cular agency ac?ons.
– These procedures have been rarely used. Since the act’s passage, the execu?ve branch has issued over 15,000 regula?ons. Only 8 resolu?ons of disapproval have been introduced, and none of these was passed by wither chamber.
Organizing the Federal Bureaucracy – Within the federal bureaucracy are a number of different types of government agencies and organiza?ons
– The execu?ve branch, which employs most of the bureaucrats, has four major types of bureaucra?c structures. They are: • Cabinet Departments – the 15 cabinet departments are the major service organiza?ons of the federal government – They can also be described in management terms as line organizaAons. This means that they are directly accountable to the president and are responsible for performing government func?ons, such as prin?ng money or training troops.
– These departments were created by Congress when the need for each department arose.
• A president might ask that a new department be created or an old one abolished, but the president has no power to do so without legisla?ve approval from Congress.
• Each department is headed by a secretary (except for the Jus?ce Department, which is headed by the agorney general) and has several levels of undersecretaries, assistant secretaries, and so on.
• Presidents theore?cally have considerable control over the cabinet departments, because presidents are able to appoint or fire all of the top officials.
• One reason presidents are frequently unhappy with their departments is that the en?re bureaucra?c structure below the top poli?cal levels is staffed by permanent employees, many of whom are commiged to established programs or procedures and who resist change.
• Independent Execu?ve Agencies – are bureaucra?c organiza?ons that are not located within a department but report directly to the president, who appoints their chief officials. When a new federal agency is created Congress decides where it will be located in the bureaucracy. – In this century, presidents ohen have asked that a new organiza?on be kept separate or independent rather than added to an exis?ng department, par?cularly if a department may in fact be hos?le to the agency’s crea?on
– Examples-‐ CIA, NASA
• Independent Regulatory Agencies– The regulatory agencies are administered independently of all three branches of government. They were set up because Congress felt it was unable to handle the complexi?es and technicali?es required to carry out specific laws in the public interest. – The regulatory commissions in fact combine some func?ons of all three branches of government – execu?ve, legisla?ve, and judicial. » They are legisla?ve in that they make rules that have the force of law.
» They are execu?ve in that they provide for the enforcement of those rules.
» They are judicial in that they decide disputes involving rules they have made.
» Examples-‐ FCC (Federal Communica?ons Commission), NRC (Nuclear Regulatory Commission)
– Regulatory agency members are appointed by the president with the consent of the Senate, although they do no report to the president. By law, the members of regulatory agencies cannot all be from the same poli?cal party. » Presidents can influence regulatory agency behavior by appoin?ng people of their own par?es or people who share their poli?cal views when vacancies occur, in par?cular when the chair is vacant.
» Members may be removed by the president only for causes specified in the law crea?ng the agency.
– Agency Capture – Some observers contend that many independent regulatory agencies have been captured (the act of gaining direct or indirect control over agency personnel and decision makers by the industry that is being regulated) by the very industries and firms that they were suppose to regulate. The results have been less compe??on, higher prices rather than lower prices, and less choice rather than more choice for consumers.
– Deregula?on and Re-‐regula?on – During the presidency of Ronald Reagan in the 1980s, some significant deregula?on (the removal of regulatory restraints – the opposite of regula?on) occurred. During the Bush administra?on, calls for re-‐regula?on of many businesses increased. Under Clinton, there was deregula?on of the banking and telecommunica?ons industries, and many other sectors of the economy. At the same ?me, there was extensive regula?on to protect the environment.
• Government Corpora?ons – Although the concept is borrowed from the world of business, dis?nct differences exist between public and private corpora?ons. – A private corpora?on has shareholders (stockholders) who elect a board of directors, who in turn choose the corporate officers, such as president and vice president
– When a private corpora?on makes a profit, it must pay taxes (unless it avoids the through various legal loopholes). It either distributes part or all of the aher-‐tax profits to shareholders as dividends or plows the profits back into the corpora?on to make new investments.
– A government corpora?on has a board of directors and managers, but it does not have any stockholders. We cannot buy shares of stock in a government corpora?on. » If the government corpora?on makes a profit, it does not distribute the profits as dividends.
» Also if it makes a profit, it does not have to pay taxes; the profits remain in the corpora?on
– Example-‐ TVA (Tennessee Valley Authority), USPS, Amtrak
Accountability • Biggest difference between a government agency and a private organiza?on is the number of constraints placed on agencies from other parts of government and by law. A government bureau cannot hire, fire, build or sell without going through procedures set by Congress, ohen through law. – D u p l i c a t i o n – Congress seldom gives any one job to a single agency. For example, drug trafficking is the task of the Customs Services, the FBI, the DEA, the Border Patrol, and the Defense Department. Although this spreading out of the responsibility ohen leads to contradic?ons among agencies and some?mes inhibits the responsiveness of government, it also keeps any one agency from becoming all powerful.
• Authoriza?on – No agency may spend money unless it has first been authorized by Congress. Authoriza?on legisla?on originates in a legisla?ve commigee, and states the maximum amount of money that an agency may spend on a given program. Furthermore, even if funds have been authorized, Congress must also appropriate the money.
• H e a r i n g s – Congressional commigees may hold hearings as part of their oversight responsibili?es. Agency abuses may be ques?oned publicly, although the commigee hearings typically have the oversight responsibility, so a weak agency may reflect weak oversight.
• Rewri?ng Legisla?on – If they wish to restrict the power of an agency, Congress may rewrite legisla?on or make it more detailed. Every statute is filled with instruc?ons to its administrators, and the more detailed the instruc?ons, the beger able Congress is to restrict the agency’s power. S?ll, an agency usually finds a way to influence the policy, no mager how detailed the orders from Congress.
• President: – Appointments – The most obvious control the president has over the execu?ve branch is his power to appoint senior bureaucrats. If a president disagrees with the policies of an agency, he can appoint a head that agrees with him. This strategy may lead to problems because the agency can work against the new head, possibly seeking support from Congress. Also, because agencies tend to have strong points of view, a new head may some?mes be swayed to their beliefs.
– Execu?ve Orders – A president may issue execu?ve orders to agencies that they must obey. More typically, aides may pass the word informally to agencies as to the president’s wishes. Even though agencies may resist, they usually pay agen?on to the president’s preferences.
• E c o n o m i c P o w e r s – The President may exercise authority through the OMB, which is the President’s own final authority on any agency’s budget. The OMB may cut or add to an agency’s budget, although Congress ul?mately does the appropria?ng.
• Reorganiza?on – The President may reorganize or combine agencies to reward or punish them. This power is limited; however, because entrenched bureaucracies, Congress, and suppor?ng interest groups may keep a president from ac?ng as he might like.
Cri?cism of the Bureaucracy • Red Tape – the maze of government rules, regula?ons, and paperwork that makes government so overwhelming to ci?zens that many try to avoid any contact.
• Conflict – agencies that ohen work at cross purposes with one another
• Duplica?on – a situa?on where two agencies appear to be doing the same thing
• Unchecked Growth – the tendency of agencies to grow unnecessarily and for costs to escalate propor?onately
• Waste – spending more on products and/or services than is necessary
• Lack of Accountability – the difficulty in firing or demo?ng an incompetent bureaucrat.