FEDERAL BUREAUCRACY

FEDERAL BUREAUCRACY Definition Departments, agencies, commissions people responsible for the implementation of government policies

Influence and importance Major role in shaping policy Administration of policies Initiation of many bills enacted into law by Congress Providing of "expert" advice on government and government policies Handling of day to day operations of the nation's government

Selection of bureaucrats Character Competence Loyalty to the Constitution

Selection of bureaucrats Evolved – under Andrew Jackson Reward for party loyalty - spoils system Government jobs in return for support - Patronage Belief in job rotation and the suitability of anyone for any position Assessment of campaign contributions from appointees

Selection of bureaucrats Need for efficient, fair, and politically neutral bureaucracy in a larger and more complex government Passage of Pendleton Act (1883) Creation of Civil Service Commission Use of competitive examinations to determine 10% of government bureaucrats Expansion of percentage of Civil Service employees by future presidents

Changes in the bureaucracy in the 20th century Interest in nonpartisan government Need for specific expertise Extension of Pendleton Act

Changes in the bureaucracy in the 20th century Establishment of additional government agencies Department of Commerce and Labor United States Forest Service Federal Reserve Commission Federal Trade Commission Reactivation of the Interstate Commerce Commission

New Deal Creation of more independent commissions National Labor Relations Board Federal Communications Commission Securities and Exchange Commission Creation of government corporations Federal Deposit Insurance Corporation Federal Crop Insurance Corporation Tennessee Valley Authority

New Deal Controls on the bureaucracy Executive Reorganization Bill (1939) Hatch Act (1940) Prohibition on electioneering activity by federal employees Regulations on agencies Public hearings to elicit input Right to appeal agency decisions in the courts

To the present Management of consumer and environmental issues Office of Consumer Affairs Council on Environmental Quality Environmental Protection Agency National Highway Safety Administration Occupational Health and Safety Administration Consumer Product Safety Commission

To the present Passage of agency regulatory measures Freedom of Information Act (1966) Right of individual citizens to access information Privacy Act (1 97 4) Limitation on revealing informat!on about someone to others Government in the Sunshine Act (1976) Open meetings of most regulatory agencies

Organization of the bureaucracy Executive departments - Cabinet level Advice to the president in area of expertise Department of State Department of the Treasury Department of War Department of the Interior Department of Justice Department of Agriculture

Organization of the bureaucracy Department of Commerce Department of Labor Department ofHealth, Education and Welfare Department of Housing and Urban Development Department ofTransportation Department of Energy Department of Education Department of Veterans Affairs Department of Homeland Security

Organization style Hierarchical Limitations Clear lines of authority and responsibility Written rules for standard operating procedures at all levels Limitations Massive red tape Lack of flexibility

Organization style Problems Conflict between good advice to president and needs of department Average term of Cabinet heads- 22 months Limited access to the president with additions to the White House staff

Independent executive agencies Executive organizations without Cabinet level affiliation National Aeronautics and Space Administration (NASA) Environmental Protection Agency (EPA) General Services Administration (GSA) Central Intelligence Agency (CIA)

Independent executive agencies Organization Top administrator Hierarchical line of authority under administrator Membership Appointment by the president without Senate approval Accountability Congressional restrictions through budget and oversight

Independent regulatory agencies Congressionally formed bipartisan agencies without Cabinet level affiliation Administratively independent of the president and Congress

Independent regulatory agencies Interstate Commerce Commission (ICC) Federal Communications Commission (FCC) Securities and Exchange Commission (SEC) National Labor Relations Board (NLRB) Federal Trade Commission (FTC) Federal Maritime Commission Commodity Futures Trading Commission Nuclear Regulatory Commission Consumer Product Safety Commission

Independent regulatory agencies Duty Holding of hearings to determine any violations Powers Executive Administration of programs Enforcement of laws Legislative Enactment of rules and regulations clarifying laws Judicial Final decisions on disputes under authority

Independent regulatory agencies Membership Bipartisan board Long and staggered terms Appointment by the president with Senate approval Accountability General congressional guidelines Requirements of Administrative Procedures Act

Independent regulatory agencies Problems Denial of principle of separation of powers Influence of special interest groups Vast number of rules and regulations on aspects of the economy High costs Difficulty of removing board members

Regulatory agencies Executive organizations with Cabinet affiliation Food and Drug Administration (FDA) Occupational Health and Safety Administration (OHSA) Internal Revenue Service (IRS) Federal Reserve System Duty Regulation of economic activity

Regulatory agencies Membership Accountability Appointment by the president without Senate approval Accountability Congressional restrictions through budget and oversight

Public corporations Creation by legislative charters First Bank ofthe United States (1791-1836) Federal Deposit Insurance Corporation (FDIC) ( 193 3) Tennessee Valley Authority (TVA) (1933) Export- Import Bank (1934) United States Postal Service (1970)

Public corporations Organization Membership Accountability Board of Directors to create policy General manager to implement policy Membership Appointment by the president with Senate approval Accountability Budget appropriations by Congress Government ownership of stock

Relationship of Congress to agencies Creation of new departments, agencies, and/or commissions Necessity of Senate approval for many appointments Shaping of programs Control of budgets Maintenance of a civil service system Investigation and auditing through General Accounting Office Reduction in new regulations with Paperwork Reduction Act (1980) Constituent requests for services

Relationship of Bureaucracy to Congress Testifying and reporting before congressional committees Maintenance of congressional liaisons working for bigger budgets and increased responsibilities

Relationship of the president to the bureaucracy Overall coordination of the bureaucracy Appointment of leadership usually with Senate approval Preparation of the national budget Overall power to reform and reorganize the bureaucracy Establishment of the Commission on the Reorganization of the Executive Branch (1949)

Relationship of the bureaucracy to the president Ultimate control by the president Development of a life of its own with increase in size Protection of most bureaucratic positions from presidential authority by the Civil Service System

Relationship of the bureaucracy to the judiciary Appeal of some agency rulings to the courts

Relationship of the judiciary to the bureaucracy Control through interpretation of congressional laws

Relationship of interest groups to the bureaucracy Pressure to get favored policies enacted Examples Department of Defense and defense industries Department of Agriculture and farmers U.S. Postal Service and postal workers and clients

Creation of a Triangle Alliance Formation of interrelationships between congressional committees, interest groups, and departments, agencies, and/or commissions Need for reelection support, policy favors, and job security and budget expansions

PROBLEMS WITH THE BUREAUCRACY Poor coordination between and among departments, agencies, and commissions Development of rigid, sometimes unclear, guidelines and regulations Long "red tape" delays Lack of "consumer friendly" atmosphere Rapid expansion of bureaucratic services in the 20th century "Foot dragging" on the implementation of certain policies Greater range of interpretation of laws Conflicting accountability between Congress and the president

FRQ – BUREAUCRACY 2010 The federal bureaucracy as part of the executive branch exercises substantial independence in implementing governmental policies and programs. Most workers in the federal bureaucracy are civil-service employees who are organized under a merit system.

FRQ – BUREAUCRACY 2010 (a) Describe one key characteristic of the merit system. (b) For each of the following, describe one factor that contributes to bureaucratic independence. • The structure of the federal bureaucracy • The complexity of public policy problems (c) For each of the following, explain one Constitutional provision that it can use to check the bureaucracy. • Congress • The courts • Interest groups

FRQ - BUREAUCRACY Scoring 6 points One point is earned for a description of a characteristic of the merit system. Answers may include: • Hiring or promotion based on merit/experience/qualifications • Hiring based on testing

FRQ - BUREAUCRACY Part (b): 2 points One point is earned for each of two descriptions of factors contributing to bureaucratic independence.

FRQ - BUREAUCRACY • Structure of the bureaucracy o Large o Specialized units/expertise o Tenure protections/hard to fire o Based on merit o Independent agencies/independent regulatory commissions

FRQ - BUREAUCRACY • Complexity of public policy problems o Specialized units/expertise o Delegated authority - because Congress and the president cannot handle everything, they delegate authority to the bureaucracy o Discretionary authority - because legislation lacks details, the bureaucracy can fill in the gaps

FRQ - BUREAUCRACY Part (c): 3 points One point is earned for each of three explanations of a constitutional provision that can check the bureaucracy.

FRQ - BUREAUCRACY • Congress Appropriations - can reward or punish agency Legislation - can pass legislation affecting the bureaucracy Rejection of presidential appointments to the bureaucracy oImpeachment of executive officials

FRQ - BUREAUCRACY • Courts Court rulings that limit bureaucratic practices Judicial review- can declare bureaucratic actions unconstitutional Injunctions against federal agencies

FRQ - BUREAUCRACY Interest Groups Use of the 1st amen Litigation Lobbing Protest Media Speech Litigation

FRQ - BUREAUCRACY 1999 Is Congress effective in exercising legislative oversight of the federal bureaucracy? Support your answer by doing ONE of the following. Explain two specific methods Congress uses to exercise effective oversight of the federal bureaucracy. OR • Give two specific explanations for the failure of Congress to exercise effective oversight of the federal bureaucracy.

FRQ - BUREAUCRACY Scoring 5 total points possible on this question If the writer takes the affirmative (Congress exercises effective oversight):

FRQ - BUREAUCRACY 2 points (maximum) for a complete explanation of first specific method Congress uses to exercise effective oversight. Award 1 point for a statement showing general understanding of method of oversight. Award 2 points for a specific explanation showing HOW /WHY the method iseffective.

FRQ - BUREAUCRACY Methods of effective oversight may include Budget control Reauthorization/Jurisdiction of agencies Setting guidelines for new agencies Hearings, committee investigations Power to organize/reorganize agency "Sunset" legislation Congressional support agencies-GAO, CBO Iron triangles as a source of information Casework as a source of information Influence over selection of leadership Program evaluation

FRQ - BUREAUCRACY If the writer takes the negative (Congress fails to exercise effective oversight): 2 points (maximum) for a complete explanation of the first reason for this failure. Award 1 point for a statement showing general understanding ofwhy failure occurs. Award 2 points for a specific explanation of how/why the oversight method is not effective.

FRQ - BUREAUCRACY Reasons for the failure may include No electoral payoff I Political ramifications Oversight is labor intensive/ hard work Lack of technical expertise Logrolling Lack of budget control Enabling legislation is vague

FRQ - BUREAUCRACY Interest groups/ PACs encourage members to overlook effective administration Failure to "use" available powers or ineffective use of them Iron triangles/cozy relationship with agencies Bureaucratic pathologies (for example, Congress creates opportunitiesfor casework through red tape; firing administrators is difficult)