AP Government Bureaucracy

Where do the regulations that regulatory agencies enforce come from?

-legislation from Congress -executive orders from the President -when allowed by Congress, they make their own rules

Congressional controls over the bureaucracy include what?

-funding/creating the budget -creating new laws that agencies must follow -holding committee oversight hearings to hold the bureaucracy accountable -giving "advice and consent" (i.e. Senate confirmation hearings) to vote for/against bureaucrats that are appointed by the President. -creating new agencies or departments.

Hatch Act (1939)

A federal law prohibiting government employees from active participation in partisan politics. How much you're allowed to advocate political opinions depends on your job in the government. The law generally forbids active political campaigning for a candidate, and also protects employees from being fired for political reasons. The goal of the act is for federal bureaucrats to carry out the law, without political considerations.

bureaucracy type: independent regulatory agency (AKA regulatory commission or just regulatory agency)

A government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules. Examples include the EPA (Environmental Protection Agency) or the FCC (Federal Communication Commission) which regulates the public airwaves.

bureaucracy type: government corporations

A government organization that, like business corporations, provides a service that could be provided by the private sector and typically charges for its services. The U.S. Postal Service is an example.

iron triangles

A mutually dependent relationship (benefits flow between institutions) between bureaucratic agencies, interest groups, and congressional committees or subcommittees. They dominate some areas of domestic policymaking, and therefore govern the rules/regulations.

Federal Elections Commission (FEC)

A regulatory agency created by the 1974 amendments to the Federal Election Campaign Act to administer election reform laws. Its duties include overseeing disclosure of campaign finance information and public funding of presidential elections, and enforcing contribution limits.

Securities and Exchange Commission (SEC)

A regulatory agency created to supervise stock exchanges and to punish fraud in securities trading (created during the New Deal, 1934). Like other regulatory agencies, it has the power to issue fines if rules aren't being followed, as a way to protect investors and the stock market.

Environmental Protection Agency (EPA)

A regulatory agency with a mission to protect human health and the environment. Like other regulatory agencies, has the ability to issue fines or even prosecute people & recommend jail time for offenses.

Compliance monitoring

Actions by a federal agency to ensure that a federal policy is being followed. For example, the FDA checking that companies are following food safety guidelines at packaging plants.

bureaucracy type: independent executive agency

Any other government agency that's not accounted for by cabinet departments, independent regulatory agencies, and government corporations (basically, the "other" category). Its administrators are typically appointed by the president and serve at the president's pleasure. NASA is an example.

Department of Veterans Affairs

Cabinet Department that is in charge of carrying out any policies or services that deal with armed forced veterans.

Department of Transportation

Cabinet Department. Manages the nations highways, railroads, airlines, and sea traffic. Part of their authority comes from the Commerce Clause in the Constitution (regulate interstate commerce is an enumerated power).

Department of Homeland Security

Cabinet department created after the 9/11 terrorist attacks to coordinate domestic security efforts

How can Congress hold the bureaucracy accountable?

Congress has oversight power to call bureaucrats to testify before Congressional committees. Congress also has the power of the purse (controls agency budgets)

bureaucracy type: Cabinet Departments

Fifteen large influential agencies of the federal bureaucracy (e.g., Department of State, Treasury, Justice...) Headed by Secretary (or Attorney General for the Department of Justice). Secretaries head the agencies and are appointed by the president, confirmed by the Senate. Example: the Defense Department

patronage

Jobs, promotions, government contracts are given for political reasons rather than for merit or competence alone. Patronage has had some limits placed on it, by law, since the late 19th c.

executive orders

Regulations originating from the executive branch. They are one method presidents can use to control the bureaucracy. Executive orders can be easily reversed by another future president, however (unlike a law, passed by Congress).

Presidential controls over the bureaucracy include what?

Suggesting laws that regulate agencies, requesting funding increase/decrease for agencies, appointing top-level bureaucrats for agencies, issuing executive orders that agencies must follow.

merit principle

The idea that people should earn their place in a bureaucratic hierarchy. It is a key part of competent bureaucracies. The idea is that HIRING SHOULD BE BASED ON ENTRANCE EXAMS AND/OR JOB RATINGS, ***not based on connections to the administration or favors***. Using the merit principle, government jobs can be filled with people who have talent and skill, NOT just connections or favors.

Bureaucratic Rulemaking

The process in which the bureaucracy decides what the laws passed by Congress mean and how they should actually be carried out. "Rules" CANNOT contradict LAWS but can fill in the gaps on how to actually implement the laws on a regular basis

regulation

The use of governmental authority to control or change some practice in the private sector, often designed to protect the public or consumers. Regulations could be made by law (Congress), executive orders (President), or the bureaucracy itself (sometimes is able to make it's own rules/regulations).

issue network

Various people and groups that regularly debate specific issues. More elaborate than an iron triangle, because it also includes media pundits, policy experts, colleges/intellectuals, think tanks, etc. in addition to the bureaucrats, members of congress, and interest groups.

bureaucracy

a hierarchical authority structure that uses task specialization, operates on the merit principle, promotes professionalism and neutrality.

Pendleton Civil Service Act (1883)

a law that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.

bureaucratic discretion

bureaucrats' use of their own judgement in interpreting and carrying out the laws of Congress

civil service system

hiring and promotion based on the merit principle and the desire to create a professional, specialized, nonpartisan (neutral) government service.

the federal bureaucracy

includes all federal government agencies, and people (~2.7 million) who work in the federal government.

oversight committee hearings

oversight hearings by Congress is one way Congress can control the bureaucracy. federal officials are subpoenaed to testify about what is going on in their agency.

power of the purse

refers to Congress' enumerated power to control spending. this is one way Congress controls the bureaucracy - by controlling the budget of federal agencies (funds can be increased or decreased by Congress).

What type of bureaucrat typically has the most discretion?

street level bureaucrat (those who work directly with the public, e.g. mail carriers)

rule making authority

the power of an executive agency to issue regulations and use discretion to carry out policy/law. sometimes bureaucratic agencies are allowed to make their own rules (if allowed by Congress & President), when they don't contradict existing law.