Bureaucracy Chapter 13

Constitutional Provisions Three key provisions in the Constitution relating to the Bureaucracy.  Prohibited members of the House or Senate from holding executive branch positions. Art. I, Sect. 6  President given authority to nominate the senior officers of the government. This ensures the president has senior officials who share the presidents vision and are loyal to him.  Bureaucrats answer to President. He can fire them. Congress cannot.

Congressional Influence Congress creates the agencies Congress funds the agencies Congress creates the laws and programs they administer Congress has confirmation power Congress has oversight power

The Modern Bureaucracy The modern US Bureaucracy is one of the largest in the world.  15 departments  50 Agencies  US Postal Service  Armed Services Employees 2.7Million people including 800K in the postal service, 1.8 Mil. in civil service and 1.4 Mil. in armed services

Bureaucracy has four problems Jobs are so complex that they cannot be divided into specialized pieces There are so many leaders at the top of organizations that employees do not know whom to report to Rules are almost impossible to enforce within a large workforce Duplication and overlap between units create confusion about who does what.

Executive Branch Departments Headed by Secretary appointed by President Deputy and assistant secretaries 15 departments of government that employ more than 70 percent of all federal civil servants and spend 98 Percent of the budget Departments are often subdivided into Bureaus based on function. The four most prestigious departments are Defense, Justice, State and Treasury. These are also the first four agencies created.

Independent Regulatory Board Or Commission Set up by Congress to be free from White House Control. President nominates, Congress confirms members Exercise quasi-legislative and quasi- judicial functions. Three or more commissioners with over- lapping terms, so continuity in membership Often have to be bi-partisan Checks and balances over them SEC, Nat. Labor Relations Board, Federal Reserve Board

Independent Agencies No more free of governmental control than governmental departments Not represented in the cabinet 50 agencies today. Some of the most significant include: CIA, NASA, EPA, FDA, Small Business Administration. Agencies are generally smaller than departments and more focused on a single topic or area. Advantages and disadvantages

Government Corporations Cross between a private corporation and regular governmental agency Given a freedom of action and flexibility not always found in the regular agencies. Typically have independent source of funding Freed from certain constraints of OMB and have more control over what to do with earnings, but still governmental control. Corp. for Public Broadcasting, FDIC, Amtrak, Postal Service etc.

Presidential Appointees Roughly 3000 presidential appointees head federal departments and agencies. Appointees usually leave their posts at the end of the presidents term. President also appoints another 1000 US Marshall, US attorneys and ambassadors to foreign nations, but usually these are less political and some will carry over after the president leaves.

Appointment Process Appointment is usually a four step process.  First, selected by the White House Presidential Personnel Office.  Second, candidate must survive the White House clearance process.  Third, nominees name is submitted to the Senate  Fourth, the nomination is sent to the appropriate committee for hearings.

Senior Executive Service Created by the Civil Service Reform Act Pool of about 8000 career officials that can be filled without senatorial confirmation. Created to make senior career bureaucrats more responsive to the goals and policy preferences of the White House.

Evolution of Bureaucracy Until 1829 it was drawn from upper middle class males Jackson introduces the spoils system and opens it to lower and middle classes.  Spoils system meant that federal employees could lose their job if the other candidate won. Late 19th Century, backlash against corruption and incompetence in spoils system. Garfield Assassination. Pendelton Act sets up a limited merit system.  “Classified” jobs, filled based on scores on a merit test.  Civil Service Commission. Non-partisen By the 1950s coverage under the Pendelton Act had gone from 10% to 90%

Civil Service Reform Act 1978 the Civil Service Reform Act abolished the Civil Service Commission and split its functions between two new agencies. Office of Personnel Management  administers civil service laws, rule and regulations. Merit Systems Protection Board is charged with protecting the integrity of the federal merit system and the rights of federal employees.

Who Are the Bureaucrats? 2.7 Million civilians make up the executive bureaucracy. Excludes military personnel. Only about 15% work in D.C. More than 25 percent work for the armed forces or some other defense agency. 30% work for the post office. More demographically representative than are legislators. Most bureaucrats have a great deal of technical expertise and may know more than the political appointees who come in at the top. Tension between Bureaucrats and political appointees

Hatch Act 1939 Hatch Act to prevent civil servants from getting involved in politics.  Can’t use political position or control over money to influence voters and elections. Made it illegal to dismiss civil servants for political reasons. Amended in May not:  be candidate  use official authority to interfere with or effect results of election  collect contributions to fund-raising activities  solicit funds or discourage political activity by any person

Hatch Act May:  express opinions about candidates  campaign in off-duty hours  contribute money  display political badges  attend political rallies  join political clubs  hold positions in political parties

Government Employee Unions Since 1962 Can’t strike Can’t bargain over pay and benefits Do negotiate better policies Represent members in grievances and hearings Lobby congress

What do Bureaucrats Do? Basic job is implementing legislation Legislation is often vague. Bureaucrats must breath life into it. Agencies adopt extensive regulations to fulfill general guidelines set out in the legislation. Bureaucrats that do not support the legislation can hinder implementation by interpreting it narrowly Secretaries and assistant secretaries often have to do battle against the entrenched bureaucracy.

What do Bureaucrats Do? Rule-Making  Rule-making in the form of regulations is one of the primary jobs of bureaucracy.  Congress often delegates to departments and agencies the detailed process of making detailed and specific rules.  Rules are drafted and reviewed under the Administrative Procedure Act. Details.

What do Bureaucrats Do? Spending Money  Bureaucracy also implements by spending money.  Much of the money spent is uncontrollable or required by previous laws.  The bulk of this uncontrolled spending is for entitlement programs such as social security.

Controlling The Federal Bureaucracy Presidential Controls  Presidents are the head of the entire bureaucracy, but the president’s ability to dramatically change it or reform it is limited.  The Bureaucracy has inertia.  Many layers of bureaucracy and it is hard to change its directions quickly or dramatically.  The day to day bureaucrats may not share the presidents’ vision and may resent his efforts at “reform” or to change their priorities.  How President can impact.

Controlling The Federal Bureaucracy Congressional Controls  Congress has a number of ways to control federal administrations, whether by establishing agencies, formulating budgets, appropriating funds, confirming personnel.  Particular committees have a great deal of influence over the agencies that fall within their committee authority. These committees gain a lot of expertise.

Controlling The Federal Bureaucracy Shared Control  Congress and the President both spent a lot of time monitoring the federal bureaucracy through oversight.  Presidential oversight comes through loyal supporters at the top of the Agency, staffers in White House who monitor the agency and meetings with Secretaries  Presidents use OMB for most routine oversight.  Congress uses hearing before committees and subcommittees for their formal oversight.