1. FEDERAL BUREAUCRACY

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

3. 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

4. Selection of bureaucrats
Character
Competence
Loyalty to the Constitution

5. 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

6. 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

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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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)

18. 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

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

20. 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

21. 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

22. 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

23. 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

24. 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

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

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

27. 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

28. 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

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

30. 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)

31. 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

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

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

34. 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

35. 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

36. 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

37. 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.

38. 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

39. 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

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

41. 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

42. 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

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

44. 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

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

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

47. 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.

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

49. 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.

50. 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

51. 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.

52. 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

53. 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)