Chapter 9: The Bureaucracy

Diversity in the Bureaucracy

1) more than 15,000 job skills are represented i the federal government, and government employees whose average age is 47, have an average length of service of 16 years 2.) The Federal workforce has a low percentage of Hispanics 3.) The employment of women lags behind

Making Agencies Accountable

1.) Critics say the bureaucracy should be responsible to public interests 2.) Some check and balance that the three branches go through the bureaucracy and does too 3.) Many agree the president should be in charge of bureaucracy 4.) But under the constitution the president is not the only actor in policy process, congress creates the agencies, funds them, and establishes laws for their operations. 5.) Congress also reviews various agencies through oversight power using oversight committee investigations, hearings, and power of the purse 6.) The judiciary has unlimited authority to review administrations actions

Congress power of the purse

1.) Ability to authorize spending 2.) Appropriate funds of agency activity

Independent regulatory Commissions

1.) Although each president gets to appoint about as much as 100 commissioners, they become independent of his direct political influence and they take office 2.) Agencies created by congress to exist outside the major departments to regulate a specific economic activity or interest 3.) It was created because of the complexity of modern economic issues, because neither congress nor the courts have the special ability to do it (ex: National Labor Relation Board, the FCC, and SEC) Charged with overseeing a certain industry, must be free of party partisan political pressure 4.) Most headed by a board of 5-7 members odd because no tie in vote, elected by the president and senate consent, can't be removed by president only if they are not fulfilling their duty 5.) In 1935 Supreme court ruled that in creating the the independent regulatory commissions, congress has intended that they be independent panels of experts as far as remained as possible from immediate political pressure

Government Workers and Political Involvement

1.) As the number of federal employees and agencies grew during the 1930s, many Americans began to fear that the number of of Civil Service would play a major role not only in implementing public policy, but also in electing members of congress and even the president 2.) Congress then enacted the Political Activities Act of 1939

Congressional Control

1.) Congress could confirm or reject nominees to top bureaucratic positions , also plays an important role in checking the power of the bureaucracy( constitutionally it has the power to create or destroy departments and agencies 2.) It could expand or contract bureaucracy discretions ( as was the case with the Department of Homeland Security ) 3.) Uses it investigatory powers to conduct program evaluations or hold oversight hearings, it is not uncommon for congressional committees or subcommittees to hold hearings that directs related agencies to study it 4.) Representatives of agencies also appear before committees on a regular basis to inform them about agency activities, ongoing investigations, and budget requests

What does the bureaucracy do?

1.) Implements and administers the law ( Department of Transportation, FBI, IRS, EPA) 2.) Provides Services (Post Office, Department of Veteran Affair) 3.) Regulate (Interstate Commerce Commission, Federal Election Committee, OSHA is a board not comission)

Bureaucracy Finding Step: From Congress

1.) Is authorization: originates in the various legislative committees that oversee particular agencies ( EX: Agriculture, Veteran Affair, and Education) and sets maximum amount of agencies could spend on specific programs, yet authorization for ( Social Security, Department of State, Defense Procurement) are watched closely and are subjected to annual authorization 2.) once authorized, funds must be appropriated before they can spend, appropriation originated within Base of Appropriation Committee a specialized legislative committees. It also holds hearings to allow agency heads to justify their budget requests

Making Policy

1.) Main purpose of all these decisions making bodies is policy making 2.) many decisions are usually left to individual government employees on day-to-day basis (EX: Department of Justice makes decisions every day on whether to prosecute someone or not

Street-Level Bureaucracy makes policy one to two ways

1.) Make decisions on citizens they interfere with 2.) Individual actions add up to agency behavior

Appointed Policy-making Postions

1.) Nearly 3,500 people are presidential appointees 2.)this involves some cabinet secretaries and assistant secretaries that are subjected to senate confirmation 3.)They are responsible for appointing high-level policy making assistants who form the top of the bureaucratic hierarchy 4.) Are called Schedule C political appointees 5.

Concerns about the Bureaucracy

1.) One of the major concerns is the high rate of turn over in many of the most important positions 2.) Because especially the Department of Home Land Security, many employees of its transportation, secretary administration left for a more lucrative career outside of the government 2.) The Department of State had the most highly converted jobs in the Federal Bureaucracy, has workers scared not wanting to be stationed in places like the Middle East 3.)More than 2/3 of the highest non political positions as well as large mid-level managers are eligible for retire 4.) Many hope that the president management fellows Program, which began in 1977 to train managers will be enhanced to make-up for the short fall in experienced managers that the federal government now faces

Role of The Bureaucracy ( The Civil War {1861-1865 }and The Growth of The Government )

1.) Permanently changed the federal Bureaucracy, thousands of employees were added as the nation geared up for war, and also spawned the need for new agencies. (ex. Serious of poor harvest as lled Lincoln to create the Department of Agriculture, also the Pension Office was established in 1866 to pay benefits to thousands of Union veterans who fought in the war

Political Scientists distinguish between two types of oversight

1.) Police patrol oversight: is productive allows congress to set agenda or program review 2.) Fire Alarm Oversight: is reactive involves a congressional response to a complaint filed by a constituent or political significant actor

Cabinet Secretaries

1.) Responsible for establishing their department's general policy and overseeing operations 2.)They havey two master's: the people who are affected by the business of the department and the president 2.) They are tied to congress because of the appropriation process, and role in implementing legislations, rulemaking, and policy 3.)Each secretary is assigned by i more more deputies or under secretaries who take part of the administration burden off the secretaries shoulders, and assigned secretaries who direct major programs whithin the department 4.) Each secretary has numerous assistants who help with planning, budgeting, personnel, legislations, public relations, and key staff functions (EACH DEPARTMENT: subdivides into bureaus, divisions, sections, or other small units, and that's where the real work begins)

Role of the Federal Bureaucracy (1816-1861)

1.) Size of the Bureaucracy grew, as demands and new departments were created 2.) President Andrew Jackson, removed the Post Office from its jurisdiction of the department of Treasury in 1829 and promoted the postmaster general to cabinet rank

Formal Organizations

1.) There are at least 1500 civil agencies 2.) A distinctive feature of the executive bureaucracy is its traditional division into areas of specialization (ex: OSHA; Occupational Safety and Health Administration handles occupational safety and the Department of State specializes in foreign affairs ( IT IS NOT uncommon for more than one agency or department to have authority in the same area or issue)

Information on Bureaucrats

1.) there are more then 2.7 million 2.) Over one quarter of all civil employees work in the U.S postal office 3.)a small percentage work as legislative and judicial staff 4.) The remaining are spread out to various executive departments and agencies and are called " the General Schedule" (GS) advance within 15 GS grades which also can move up levels 5.) At the lower level of the US Civil Service most positions are filled by competitive examinations and upper level submit resumes or applications 6.) They determine who fits what position, this is time consuming which can take up to 6 weeks or 9 months 7.) the remaining 10% of the federal workforce is made up of persons not covered by the civil office system which makes up to three categories (1)Appointed policy (2)Independent regulatory commissions (3) Low-Level non policy patronage positions

Regional Works in the Bureaucracy

1.0 There are about 344,400 Federal workers in the national capital, the rest are in states, regions, and local places throughout the United States 2.) To enhance efficiency the US is broken into several regions, with most agencies having regional offices in one city in that region 3.)Decentralization - helps get jobs across the nation, and helps citizens who have a questions more accessible to them

Administrative Adjudication

A quasi-judicial process in which a bureaucratic agency settles disputes between two parties in a manner similar to the way courts resolve disputes 1.) Referred to as a quasi judicial because adjudication from anyone else than the judiciary would violate the constitution principle of separation of powers 2.) Although judges are employed by the agency the independents can not be removed unless great misconduct 3.) Actions are reviewable in the federal courts, as one of the findings of the Equal Employment Opportunity Commission and Social Security Administrative judges

Rule Making

A quasi-legislative process that results in regulations that have the characteristics of a legislative act

Merit System

A system of employment based on qualification, test scores, and ability, rather than party loyalty ( Favored by Rutherford Hayes Garfield's successor

Independent Regulatory Comissions

An entity created by congress out side a major executive department, the members could be appointed by the president but can not be removed by the president. The ICC made a bureaucracy shift from providing serious to regulation ( Gave president mass amount of power over individuals and property)

Executive Control

As the US government, the executive, and the bureaucracy has grown the president has delegated more power to bureaucracy 1.) But most presidents have tried to exercise power/control on bureaucracy, but sometimes fail (EEX: President JFK tried to give the Department of State or anyone in the department an instruction is like putting your request into a death box) 2.) President ties to appoint the best possible people to carry out their wishes and policy preferences 3.) Even though appointees make up a small number of federal jobs the president or cabinet secretaries usually fill the top spots 4.) President with approval of congress could recognize the bureaucracy 5.) Can make changes to agencies annual budget request or legislative initiative originating in the bureaucracy 6.) Many presidents tries to tear down the bureaucracy (ex: Thomas Jefferson first president to address the issue of accountability attempted to cut waste and bring about a "wise and frugal government" but it was not until the progressive era that calls for reform began to be taken seriously. ALSO later president Calvin Coolidge tried spending cuts and other reforms called the Correspondence Club, made to reduce the bureaucracy, letter writing by 30%) 7.) President can shape policy and provide directions to board of bureaucrats y issued executive order (Ex: Even though congress acted to protect agencies from discrimination from the federal government president Lyndon B. Johnson was convinced by (NOW) to sign the 1967 executive order which added "gender" to early order prohibiting discrimination based on sex, color, race included in federal contracts, so president can get agencies to act but it takes years for an order to be carried out)

James A. Garfield

Assassinated by job seeker, was wanting to implement a law getting rid of the Spoil System, however congress had failed to make it a law since many tried to secure jobs before this was passed and also many pressures Garfield for jobs

Pendleton Act ( Civil Service Reform Act of 1883)

Because of the assassination of Garfield and the criticism and reaction to his death congress passed this act: Reform measures that that established the principle of federal employment on the basis of open, competitive exams and created the civil services commission which operated until 1978 where only 10% of the positions in the federal CSS were covered by the law, but later laws and execute the orders extended it to 90%

Administrative Procedures Act of 1964

Because rulemaking involves political conflicts, the act established rulemaking procedures to give everyone the chance to participate in the process The Act requires 1.) Public Notice: of the time and place and native of the rule-making proceedings to be established in the federal register 2.) Interested Parties could submit written arguments and facts related to rule 3.) Statutory purpose and basis of the law should be stated ( Once law is written 30 days generally must elapse before they take effect, sometimes by law agencies are required to conduct hearings before issuing rules which could take months and years sometimes

From the Spoil System to the Merit System (1880-)

By the time James A. Garfield became president in 1880 the country needed change in the Patronage System

Regulating Commerce

Congress created the Interstate Commerce Commission (ICC) congress was reacting to public outcries by the exorbitant rates charged by railroad companies for having freight

Government Corportations

Definition: Busniesses established by congress to preform functions that could be provided by private businesses 1.) Most recently added to the Bureaucracy ( late 1930s 2.) ex: AmTrack, (FDIC), they charge a fee for their serves 3.) Formed when financial incentives for private industry to provide service are minimal

The World Wars and the Growth of the Government

FDR created a bunch of new government agencies to regulate business practices and various aspects of the economy. The IG Bill provided college loans for returning veterans and reduced mortgage rates to allow them to buy houses

Role of the Federal Bureaucracy (1789)

In 1879, executive departments existed under the Article of Confederation: Foreign Affairs, War, and Treasury, which George Washington adapted into his cabinet. 1.) Foreign Affairs became Department of State 2.) Head of each was called a Secretary To prove the President with legal advice the Attorney General position was created

Regulatory: Federal Trade Comission

In 1913 when it became obvious that agencies could not be on the employee ad employers side President Wilson created the FTC , which protects small businesses and the public from unfair competition and large corporations

Patronage

Jobs, grants, or other special favors that are given as rewards to friends and political allies for their support

Judicial Control

Judiciary's oversight function is less apparent 1.) Federal judges could issue injunctions or orders to an executive agency even before rule is published giving federal judiciary opponent 2.) Courts ruled that agencies must give all affected individuals their due process rights guaranteed the constitution ( EX: Social Security recipients checks can't be stopped unless the person is notified why the checks are being stopped and has an opportunity for a hearing to be 3.) Litigation or even the threat of a litigation 4.) Injured parties can bring suits against another party for their failure to enforce a law 5.) Development of specialized courts, altered the relationship of some agencies with federal courts, resulting in less judicial defenses to agency ruling (EX: political scientists state specialized courts such as Court of International Trade because of jurists expertise defers less to agency decisions than general courts ) 6.) Decisions from executive agencies are more likely ... than those from more specialized independent regulatory commissions

Department

Major administrative unit with responsibilities for a broad area of government operations. Department status usually indicates a permanent national interest in a particular governmental function, such as defense, commerce, or agriculture

How the Bureaucracy Works?

Max Weber: (Political Scientist) believes that bureaucracies were rational ways for complex societies to organize themselves. Modeled Bureaucracies are characterized by certain features 1.) A chain of command where authority flows from top to bottom 2.)Division of labor where work is appointed among specialized workers to increase productivity 3.) Clear line of authority between workers and supervisors 4.) Goal orientation that determines structure, authority, and rules 5.) All employees are treated fairly based on Merit and no discrimination 6.)All workers and actors are evaluated by established rules (WHEN CONGRESS: created a new department or agency it is delegating some of its power listed in Article 1, Section 8, of the Constitution, therefore the laws creating departments carefully describing their purpose and gives them authority to make numerous decisions. )

Signing Statement

Merely comments on the bill signed, "saying that it is a good legislation ore meets some pressing needs" OR "Claims by the president that they believe some part of the legislation is unconstitutional and therefore they intend to ignore it or to implement it only in ways they believe are constitutional 1.) Constitutional: Asserts that the law is constitutional defective in order to guide executive agencies in limiting its implementation 2.) Political: Defense vague terms in the law to guide executive agencies in its implementation as written 3.) Rhetorical: uses the signing of the bill to mobilize political constituents ( guides the bureaucracy and issues executive orders)

Iron Triangle

Mutually dependent, mutually advantageous relationship between bureaucrats agencies, interest groups, ad congressional committees (AKA subgovernment) 1.) Fallen out of favor, too clean 2.) Today the iron triangle no longer dictates most policy processes

The Modern Bureaucracy

National Government differs from small businesses in numerous ways 1.) Government exists for public good, not to make money 2.) Businesses are driven by profit motives and government motives, but not bureaucrats 3.) Governments are driven by reelection 4.) Busniesses get money from consumers, national government raises revenue from tax payers IT is also hard to determine who is responsible for the Bureaucracy

Congress Review

Procedure adopted by the 104th congress by which agency regulations can be nullified by joint resolutions of legislative disapproval ( Is another way of exercising congressional oversight

Post Office

Quickly became a source of jobs for Jackson, he could fill in the positions with loyalists and friends he used the Spoil System

Regulations

Rules that govern the operation of all government programs that have the force of laws 1.) So bureaucratic lawmakers often act as lawmakers as well as law enforcers when they make laws, draft regulations to implement various congressional status

Administrative Discretion

The ability of bureaucrats to make choices, concerning the best way to implement congressional or executive intentions (EEX: it is exercised through 2 formal administrative procedures administrative adjustment and rule making

Hatch Act ( Political Activities Act of 1939)

The 1939 act prohibits civil servants from taking activists roles in partisan campaigns. This Act prohibited federal employees from making political contributions , working for political parties, or campaigning for a political candidate 1.) Today regulated by the federal Employees Political Activities Act of 1993, the 1993 liberalization of the Hatch Act, Federal employees are now allowed to run for office un nonpartisan elections and to contribute money to campaigns in partisan elections

Cabinet Deparments

The fifteenth Cabinet Departments are major administrative units that have responsibilities for conducting broad areas of government operations 1.) Cabinet Departments account for about 60% of the federal workforce 2.) The Vice President is the head of the departments and the head of the Environmental Protection Agency (EPA), the Office of Management and Budget. The U.S Air Trade Representative, the canal of Economics Advisors, the U.S Ambassador to the UN, and the President's Chief of Staff make-up his formal cabinet. (Ex: The Branches departments are headed by cabinet members called secretaries except the Department of Justice headed by the Attorney General

Spoil System

The firing of public office holders of a defeated political party to replace them with loyalists of the newly elected party

Issue Networks

The kiis and informal relationship that exists among a large number of actors who work in broad political areas 1.)like Iron Triangle it includes agency officials, members of congress and IG's, but also includes lawyers, consultants, academics, public relations specialists and even courts 2.) Unlike Iron triangles Issue Networks are always changing because of expertise are newly interested parties come aog becoming involved in issue areas

Civil Service System

The merit system by which many federal bureaucrats are selected

The Federal Bureaucracy

The thousands of federal government agencies and institutions that implement and administer federal laws and programs "Fourth Branch of Government"

Implementation

The process by which a lower policy is put into operation (How agencies execute congressional wishes)

16th Amendment

The ratification of this amendment gave the government more power, since the amendment allowed the government to tax income tax. this helped fund agencies, services, and programs

Low-level Non policy patronage Positions

These types of positions generally concern secretary assistant's to policy makers

Who are Bureaucrats?

They are career government employees who work n the cabint-level departments ad independent agencies that comprise of more than 2,000 bureaus, divisions, branches, offices, services, and other submit of the federal government

Public opinion and civil officials

They think the bureaucracy is too big, too power, it is wasteful ( Yet they do not realize that states and local governments have bureaucracies as well which are larger than the federal bureaucracy

Department of HOusing and Urban Development 1965 and Department of TRansportation 1966

This two increased the president's power and his ability to persuade congress that new commissions and departments would be an effective way to solve pressing social problems

Congress Control Part 2

To help congress oversight of the bureaucracy finance officer, congress created the government Accountability Office (GAO) at the same time the Office Management and Budget (OMB) was created 1.) Congress essentially created its own bureaucracy to keep an eye on what executive branch bureaucrats were doing 2.) The GAO does not only track how many one agency spends, but it monitors how policies are implemented 3.) The CBO: conducts oversight studies if either uncover a problem they notify congress 4.) Congress aquent their oversight of the executive branch by allowing people to appeal adverse bureaucracy decisions to agencies and congress courts

Interagency Council

Working groups created to facilitate the coordination of policy making and implementation across a host of government agencies 1.) Many alliances have been created within bureaucracies 2.) Depending on how well funded, they can be prime movers in areas in interagency exists (EX: The US Interagency Council Homeless used to coordinate activities with some government agencies and programs that work to alleviate homelessness

Independent Executive Agencies

definition: Governmental units that closely resemble a cabinet department but has narrower areas of responsibilities and perform services rather than regulate functions 1.) Head of these agencies are appointed by the president and serve secretaries at his pleasure 2.)Exists apart from the executive branch for practical and symbolical reasons (ex: (NASA)- could have been placed under the department of Defense- but people would think that it is weapon building and weapon use, instead of space exploration and satellite) { As an independent Agency the EPA is less indebt to the president on a day-to-day basis than it would be if it was within a cabinet department }

Regulatory : Department of Commerce and Labor

in 1903 Teddy Roosevelt asked congress to create a Department of Commerce and Labor to oversee employer-employee relations, because many employers

Equal Employment Opportunity Comission

was created in 1965 by the civil rights act of 1964