The Unofficial 4 th Branch

I. Constitutional Provisions and Legislative Acts Pres appts heads of agencies Pres nominates cabined secretaries/Senate Confirms Congress appropriates money to authorize and maintain Congress investigates agencies and shapes laws for agencies to administer RESULT: BUREAUCRACY CONTROLLED BY BOTH PRES AND CONGRESS

Patronage appts dominated 19 th and early 20 th century Pendleton Act (1883)—slow transfer of fed jobs from patronage to merit system Appointment power critical because agency officials influence interpretation of laws, tone and effectiveness of their administration Significant Events Civil War—Industrialization—Growth of National Economy Reg of interstate commerce needed-- # of agencies and bureaucrats grow to provide services like administering military pensions Limited regulation because of: Belief in limited gov States rights dominate still Fear of concentrated discretionary power Commitment to laissez-faire economy II. What Made Gov’t Grow? ( Trends)

Great Depression and WWII— Increased governmental activism—heightened regulatory role Public expected continuing military preparedness Public expected maintenance of social programs to care for elderly and unemployed Income tax to support SCOTUS upheld discretionary power of adm agencies Since 1960’s – modest increase in # of fed employees huge growth in subcontracts to private companies growth in state/local employees

Growth in discretionary authority given by Congress to Agencies in 3 areas(ability of agencies to set course of action, and make policies not specified in law) Subsidies to specific groups (vets, farmers, scientists, universities, hospitals) Transfer $$ to state/local gov through grants Devising regulations for economy, schools, healthcare, roads and telecoms

III. Structure and Organization Bureaucrats insulated from being fired for political purposes—only elected officials are supposed to exercise discretionary authority Results: redundant procedures and rules to provide consistency and protect Cong/Pres connections Who Runs Agencies? Recruitment /Retention: Competitive service based on merit—civil service exam to recruit, retain and promote most qualified persons Excepted Service—Employees not hired by exam—but hired in nonpartisan way Most bureaucrats can’t be fired—often takes more than a year

Personal/Professional Traits Cross-section of American SES—however minorities over-represented in lower grade services Typical higher level bureaucrat: middle aged white male w/ college degree—pro-government—moderate politically, no extremes

THE JOB Career bureaucrats often differ w/ politically appointed bosses—but most try to carry out policies as assigned— Whistle-blower legislation—protects jobs when reporting waste, fraud, or abuse Most jobs highly structured—personal attitudes irrelevant—culture among employees about how they should act which can motivate but also make agencies resistant to change Iron Triangles— relationships between Congressional Committee Staffs, Special Interest Groups and Agencies called to administer policy (Concept today is more complex—more involvement from outside groups) Issue Networks—Today’s Influential Players: -- Members of Congress, staffers, lobbyists, think tanks, academia and corporations, media (Think about interests involved in Health Care Reform– AMA, AARP, HMO’s, Hospital Groups, Health and Human Services Department, Insurance Conglomerates, -- Medicare/Medicaid Programs, State Governments and State Health Departments, University Research Programs, Pharmaceutical Interests… on an on and on.

IV. Congressional Oversight NO agency can exist without authorizing legislation and laws that define scope of authority No $ spent without annual appropriations authorized in Congressional committee connected to agency (bills go to House and Senate Comm on Vet Affairs, then to House and Senate Appropriations Comm) House Appropriations can revise/amend budget request—MOST POWERFUL INFLUENCE Congress can investigate to check discretion and unauthorized actions outside of Congress/Presidential preferences

V. Critique and Reality Criticisms: Red Tape: complex rules (think MVD) Conflict w/ other agencies Duplication w/ other agencies Imperialism: growth w/o reason Waste: overspending

However, most citizens don’t understand that: Problems w/ Bureaucracy created by Constitution and Policy Process Congress sets different and inconsistent goals and doesn’t prioritize Red tape and waste result from policy set by elected officials and political appointees who haven’t expertise to deal with details Rules and red-tape result from battle between Leg and Exec for control Divided gov complicates implementation Reform efforts stress Exec Control – National Performance Review that suggests decentralized management, initiative, focus on customer satisfaction. Impact of 911 and re-structuring Department of Homeland Security—still a work in progress— Katrina catastrophe evidence of consequences of slow reform and political nature of bureaucratic appointments.