Why does Congress give federal agencies discretionary powers? Congress lacks expertise. Congress may not want to be blamed for bad policy. Time consuming. More efficient.
Environmental Protection Agency (EPA) – clean water and air. Environmental Protection Agency (EPA) Federal Communications Commission (FCC) – TV, radio, telephone, etc. Federal Communications Commission (FCC) Federal Reserve Board – monetary policy. Federal Reserve Board How does Congress make sure that agencies are following legislative intent? YOU KNOW THIS!
Oversight Budget Hearings Investigations Changing Laws Casework Sunset Laws
REASONS FOR OVERSIGHT FAILURE Oversight is labor intensive – need expertise. Interest groups may encourage Congress to overlook things. Iron Triangles may foster strong/loyal relationships. Iron Triangles
INDEPENDENCE OF THE BUREAUCRACY Merit System Merit System – hiring or promotion based on experience, testing, or qualifications (opposite spoils system). Structure of the Bureaucracy that contributes to independence: a.) Large – size contributes to bureaucracy acting on its own. b.) Specialized – people without knowledge on issue makes it difficult to penetrate. c.) Some positions come with tenure. d.) Regulatory agencies (SEC) act independently through making sure rules are being followed.
Complexity of Public Policy Problems that Contribute to Independence: Specialization. Delegating authority. Discretionary authority CLICK.
CONSTITUTIONAL PROVISIONS USED TO CHECK BUREAUCRACY Congress a.) Appropriations – can reward or punish through them.Appropriations b.) Legislation – can be passed affecting bureaucracy. c.) Rejection of Presidential appointments to bureaucracy. d.) Impeachment of executive officials. Courts Court rulings can limit bureaucracy – judicial review. Interest Groups Lobbying. Protests. Media Use. General Speech.
Government by Proxy – federal government pays state and local governments as well as private groups to staff and administer federal programs. Ex: US sues contractor over troop trailers in Iraq. Ex: US sues contractor over troop trailers in Iraq. Competitive Service – government offices people are appointed to based on merit.appointed
Trust Funds – programs paid for outside the federal budget. Ex: SSA. Committee Clearance – the ability of a congressional committee to review agency decisions in advance without passing a law.the We would like to provide coffee to storm victims… I’LL DISCUSS THAT WITH COMMITTEE.