Bureaucracy

Chapter 9

Bureaucracy literally means

“rule by desks”

Large, complex organization of appointed, not elected, officials who are employed by government agencies or institutions

The bureaucracy was set up to accomplish policy goals

People are hired because of skills that they have to implement policy goals.

Often called the “fourth branch of government”

Quasi-legislative process in which agencies settle disputes is called rule making

Politicians often claim that government is too big, costly, and unaccountable

What role do bureaucrats play?

Communicate with each other Maintain paper for accountability Interpret the law Implement the objectives of the

organization

Bureaucracy as Implementers

Implementation is the policymaking stage between the establishment of a policy and the consequences of the policy.

Implementation

Includes three elements: Creation of a new agency or

assignment of responsibility to an old one

Translation of policy into operational rules

Coordination of resources and personnel to achieve the intended goals

The Origins In 1789 there were only three

departments – Foreign Affairs, War, and Treasury

Foreign Affairs became the Department of State

The head of each department was called a secretary – used to be very important position

The Civil War permanently changed the nature of the bureaucracy by expanding the bureaucrats

One of the largest departments was the Post Office

Thousands were hired to work in the Post office and it quickly became subject to the spoils system

The spoils system was a form of patronage and was very popular during the Gilded Age

The Merit System

Changed as a result of the actions of a disappointed office seeker who shot and killed Garfield in 1881 because he wouldn’t give him a job

Pendleton Act in 1883 promotes hiring based on merit and nonpartisan government service

Now use entrance exams for job placement and promotions

The Sixteenth Amendment (1913) implemented an income tax and massive funds for government

Hatch Act of 1939 prevents workers from active participation in partisan politics Can’t: run for office, be involved in

campaigns, make political speeches, disseminate political info

Can: vote, make campaign contributions, join parties, participate in non-partisan campaigns

President Johnson’s War on Poverty in the 60s added to the size of government

Hatch Act amended in 1993 Civil servants can engage in political activities as long as •they are off duty•do not run for office •don’t work in sensitive government areas

Administrative Procedure Act (1946) Governs way in which agencies

propose and establish regulations

Freedom of Information Act (1966)

Assures media and private citizens a legal right to government information AKA “Open Records Laws” or

“Sunshine Laws” Requester doesn’t usually have to

give explanation for request, but if information not disclosed a valid reason has to be given.

The National Environmental Policy Act – NEPA (1969)

An independent executive agency – exists outside executive depts.

Requires federal agencies to integrate environmental values into decision making processes by considering environmental impacts of proposed actions and reasonable alternatives to those actions

Rehabilitation Act (1973) Includes variety of provisions focused

on rights, advocacy and protections for individuals with disabilities.

"Handicapped" if he or she: Has mental or physical impairment

which substantially limits one or more of such person's major life activities;

Has record of such impairment/regarded as having such impairment.

Budget Reform Act of 1974 Congressional effort to control

presidential impoundments. Requires president spend all

appropriated funds. If Congress notified of which funds will not be spent and, within 45 days, agrees to delete items, money can be saved.

If president wishes to delay spending money, Congress must be informed and may refuse delay by passing resolution requiring immediate release of funds.

The Privacy Act (1974) Protects citizens from obtrusive searches into

private lives Specific exceptions for record allowing use of

personal records: The Federal Census Department of Labor Statistics For routine uses within a U.S. government

agency For archival purposes "as a record which has

sufficient historical or other value to warrant its continued preservation by the United States Government"

For law enforcement purposes For Congressional investigations Other administrative purposes (Patriot Act-

2002 and 2006)

Federal Open Meeting Law (1977)

Opened doors for media and private citizens to more than 50 federal boards and agencies.

All agencies under act must announce meetings at least a week in advance. Closed session allowed under

specific circumstances, but reason for closed meeting must be certified by legal officer of agency.

Civil Service Reform Act of 1978

Attempted to reform civil service of federal government

Addressed incompetent workers, automatic pay increases, and lack of incentive for good work

Not successful in any of these areas.

The Whistleblowers Protection Act (1989, 1993, & 2001)

Designed to protect people who come forward with disclosure about improper conduct by public bodies or public sector employees. Thus…the name “whistleblower”

National Performance Review 1993

Created during Clinton Administration by VP Al Gore. Often called “Reinventing government” From red tape to results: creating gover

nment that works better and costs less.

Encouraged agencies to find more effective means of doing government business.

Mildly effective

Federal Employees Political Activities Act- 1993

Allows federal employees to run for public office in non-partisan elections or donate funds to political campaigns Still prohibited from engaging

in partisan political activity or soliciting funds for partisan candidates

Created because of fears that Hatch Act too restrictive

The E-Government Act of 2002

An effort to mandate that all government agencies use “Internet-based information technologies to enhance citizens’ access to government information and services”.

This includes applying for social security, and Medicare benefits.

(George W. Bush) Intelligence Act (2004)

Provides for reform of intelligence community, terrorism prevention and prosecution, border security, and international cooperation and coordination. Created Dept. of Homeland Security.

Dodd-Frank Wall Street Reform and Consumer Protection Act

(2010)

Landmark legislation represents most profound restructuring of financial regulation since Great Depression including new regulations on banks, mortgage lenders, and other consumer protections

Appointments Appointments are often characterized

by transience – few more than 2 years When a new administration takes office,

Congress publishes the plum book which lists the top federal jobs available for appointment. About 400 top positions.

President then searches based on talent, political skills, policy expertise, demographic balance and campaign support.

About 1,000 of the more than 7,000 presidentially-appointed positions to be filled during any presidential transition process require confirmation by a majority vote of the U.S. Senate. 1.Secretaries of the 15 Cabinet agencies, deputy secretaries, under secretaries and assistant secretaries, and general counsels of those agencies: Over 350 positions.

2. Certain jobs in the independent, non-regulatory executive branch agencies, like NASA and the National Science Foundation: About 120 positions

3. Director positions in the regulatory agencies, like the Environmental Protection Agency and the Federal Aviation Administration: 130 positions

4. U.S. Attorneys and marshals: About 200 positions

5. Ambassadors to foreign nations: 150 positions

6. Presidential appointments to part-time positions, like the Board of Governors of the Federal Reserve System: 160 positions

http://usgovinfo.about.com/od/thepresidentandcabinet/a/sentateconfirm.htm

Many govt. workers are close to retirement and are costly to employ

Govt. needs to compete with the private sector

Private contractors have become popular because they are more efficient

Did you know? Most federal employees work for only a

few agencies

About 55% work for the Department of Defense and Postal Service

Only about 10% work in D.C.

Federal Employment:Executive Branch - 2,600,000Military - 1,500,000Leg/Jud Branches - 64,000Total - 4,312,000

Characteristics of American Federal Bureaucracy

Divided Supervision Congress creates, organizes and disbands all

agencies Political authority is shared between Congress

& executive branch Public Scrutiny

About ½ cases in federal court involve gov’t Regulation (not public ownership)

Gov’t regulates privately owned businesses instead of owning the businesses as a gov’t

Four Types of Bureaucratic Agencies

There over 1,000 civilian agencies and often they overlap making administration very tough

1. Cabinet

2. Regulatory Agencies

3. Government Corporations

4. Independent Agencies

Cabinet 15 departments (over 60% of federal

workforce) Secretary is the head of department Chosen by president and approved by

Senate Each has their own policy areas and

budgets Can be fired at president’s will Secretary, Undersecretary, bureaus,

agency commissions

Functions of the Bureaucracy

Regulation

All regulation contains: A grant of power from Congress

A set of rules and guidelines

Some means of enforcing compliance

Regulation through bureaucracy

Regulation is the use of governmental authority to control or change some practice in the private sector.

Agencies must apply and enforce rules and guidelines Can be done either in court or by administrative

procedures which use either inspectors, complaints, or licensing to monitor behavior.

The more agencies, the more regulation, the bigger government, the more cost

Executive Control on the Bureaucracy

President tries to control by: Appointing the right people to head Tinkering with agency budget Issuing executive orders Reorganizing an agency w/Congress

Congressional Control over the Bureaucracy

In 1921 Congress created the General Accounting Office and the Office of the Budget to track the money

Congress tries to control by: Influencing the appointment of dept head

(Senate confirmation) Tinkering with budget – Appropriations

Committee Holding oversight hearings Rewriting more detailed legislation Establishing new agencies or departments

Judicial Control over the Bureaucracy

Judicial oversight is not always apparent

The courts rule against agencies that violate due process