Institutions of American Government Module 4.3: The Bureaucracy Section 5: Tools & Checks on Bureaucracy

Tools of Bureaucracy Functional tools Regulation Administration Adjudication Procedural tools Standard Operating Procedures Scientific Public Policy Process Cost/benefit analysis Risk assessment Impact statements Performance reviews Administrative discretion Political tools Agency Staff Lobbyists Administrative discretion Structural tools Enabling legislation Chain of command Departmental specialization Budgets Discretionary funds

The Problem: Congress establishes administrative & regulatory agencies through enabling acts Enabling acts often vague in construction Bureaucracies enjoy a high degree of autonomy from both Congress and the Presidency due to enabling acts and the Civil Service system Congressmen face electoral pressure; bureaucrats don’t Congress is structurally representative; bureaucracies aren’t Regulatory Board Enforcement Division Inspectors Administrators Adjudication Division Ombudsman Review Board

Possible Solution #1 Legal action: Individuals may file civil lawsuits against some agencies or individual agents Pro: Agency actions a matter of public record Ensures Constitutional basis for redress of grievances Independent Judiciary ensures a third party hears the grievance Con: Lawsuits may drag on for years without resolution Lawsuits incur enormous legal expenses Paper trail generally favors the agency Agency resources generally outweigh plaintiff resources

Possible Solution #2 Presidential oversight: Because the bureaucracy is technically part of the executive branch, some agencies are directly administered by the President Pro: Ensures Constitutional basis for executive power Agencies directly accountable to the President Clear point of contact for citizen petition Con: Most bureaucracies administered independently from the President Citizen access to presidential audience severely limited Agencies have greater access to Presidential audience Presidents generally favor agency action

Possible Solution #3 Congressional Oversight: Congress may prescribe specific actions which agencies must follow; Congress may extend or limit appropriations for the agency Pro: Congress’ “power of the purse” directly affects agency interests Congressional action may reform or eliminate bureaucracies entirely Congress is the most accessible of the branches of government Con: Agencies maintain a staff of lobbyists to secure funding Citizen complaints generally must reach a “critical mass” before action is taken Congressional action requires both legislation and deliberation Congressmen may use bureaus for electoral advantage

The Iron Triangle A three-way “alliance” among voters, elected officials, and agencies to secure their respective interests Voter Congress Agency elects establishes services interrruption inquires stonewalling complains staff assigns inquires complains pressures Restores service Re-elects Level 1 Level 2 Level 3