The Executive Branch and the Federal Bureaucracy

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• The Executive Branch and the Federal Bureaucracy

College Government
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The Executive Branch and the Federal Bureaucracy

• Bureaucracy
• A set of complex hierarchical departments,
  agencies, commissions, and their staffs that
  exist to help a chief executive officer carry out
  his or her duties
• Bureaucracies may be private organizations of
  government.

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Origins and Growth of the Federal Bureaucracy

• 1789 only three departments under the Articles of
  Confederation
• Foreign Affairs, War, and Treasury
• Washington inherited these.
• Head of each called a secretary
• Foreign Affairs renamed Department of State
• 1816 to 1861 size increased and demands increased
• Post Office expanded as country grew
• Major source of jobs (spoils system/patronage)

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Civil War and the Growth of Government

• Civil War spawned need for new government
  agencies.
• Department of Agriculture (1862)
• Not given Cabinet-level status until 1889
• Pension Office (1866)
• Department of Justice (1870)
• Spoils system
• The firing of public-office holders of a defeated
  political party and their replacement with
  loyalists of the newly elected party
• Patronage
• Jobs, grants, or other special favors that are
  given as rewards to friends and political allies
  for their support

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From the Spoils System to the Merit System

• Garfields presidency
• Besieged by office-seekers (patronage seekers)
• Wished to reform the system
• Irony assassinated by a frustrated job seeker
• Reaction to Garfields death and increasing
  criticism of the spoils system was the Civil
  Service Reform Act in 1883
• Also called the Pendleton Act
• Reform measure that created the Civil Service
  Commission to administer a partial merit system
• The act classified the federal service by grades
  to which appointments were made based on the
  results of a competitive examination.
• It made it illegal for federal political
  appointees to be required to contribute to a
  particular political party.
• Civil service system operated to 1978
• New version is the merit system

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Regulating the Economy

• Growth of big business, price fixing, and other
  unfair business practices after the Civil War
  stimulated Congress to create the Interstate
  Commerce Commission
• First independent regulatory commission
• An agency created by Congress that is generally
  concerned with a specific aspect of the economy
• Theodore Roosevelt
• Department of Commerce and Labor
• Woodrow Wilson
• Divided it into two separate departments
• Encouraged Congress to create the Federal Trade
  Commission
• 16th Amendment

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The Modern Bureaucracy

• Who Are Bureaucrats
• 2.7 million federal workers
• 1/3 in the U.S. Postal Service
• Tests usually for entry-level positions
• Mid-level to upper ranges of federal positions do
  not normally require tests.
• 10 percent of federal workforce not covered by
  civil service.
• Appointive policy-making positions (cabinet
  secretaries, for example)- Schedule C
• Independent Regulatory Commissioners (appointed
  by the president)
• Low-level, non-policy patronage positions
• Secretarial assistants to policy makers, for
  example
• Many located in Washington, D.C., but many are
  spread out throughout the country (decentralized)

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Formal Organization

• Cabinet Departments
• Major administrative units with responsibility
  for a broad area of government operations
• Indicates a permanent national interest
• Businesses established by Congress that perform
  functions that could be provided by private
  businesses
• Example Amtrak, Federal Deposit Insurance
  Corporation
• Independent Executive Agencies
• Governmental units that closely resemble a
  Cabinet department but have a narrower area of
  responsibility and are not part of any Cabinet
  Department
• Example Central Intelligence Agency
• Independent Regulatory Commissions
• Agencies created by Congress to exist outside the
  major departments to regulate a specific economic
  activity or interest
• Example Federal Reserve Board

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Government Workers and Political Involvement

• Hatch Act
• Law enacted in 1939 to prohibit civil servants
  from taking activist roles in partisan campaigns
• Could not make political contributions, work for
  a political party or campaign for a particular
  candidate
• Federal Employees Political Activities Act
• 1993 liberalization of the Hatch Act
• Allowed federal employees to run for office in
  nonpartisan elections and to contribute money to
  campaigns in partisan elections

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How the Bureaucracy Works

• Weber
• Chain of command
• Division of labor/specialization
• Clear lines of authority
• Goal orientation
• Impersonality
• Productivity

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How the Bureaucracy Works

• Implementation
• The process by which a law or policy is put into
  operation by the bureaucracy
• Iron triangles
• Relatively stable relationships and patterns of
  interaction that occur among an agency, interest
  groups, and congressional committees or
  subcommittees
• Issue networks
• The loose and informal relationships that exist
  among a large number of actors who work in broad
  policy area
• Interagency Councils working groups that bring
  together representatives of several departments
  and agencies to facilitate the coordination of
  policy making and implementation
• Increasing complexity of policy domains
• Interagency councils

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Making Policy

• Administrative discretion
• The ability of bureaucrats to make choices
  concerning the best way to implement
  congressional intentions
• Rule making
• A quasi-legislative administrative process that
  has the characteristics of a legislative act
• Regulations
• Rules that govern the operation of a particular
  government program that have the force of law
• 1946 Administrative Procedures Act
• Public notice of time, place and nature of
  rule-making proceedings provided in the Federal
  Register
• Submission of written arguments
• Statutory purpose and basis of rule to be stated
• Once rule is written, 30 days must elapse before
  it takes effect.

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Making Policy

• 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

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Making Agencies Accountable

• Executive Control
• Appointments
• Executive orders
• Rules or regulations issued by the president that
  have the effect of law
• Congressional Control
• Constitutional powers
• Power of the purse
• General Accounting Office, Congressional Research
  Service, and Congressional Budget Office
• Judicial Control

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Problems with the Bureaucracy Bureaucratic
Bloat / Lack of Efficiency Lack of profit
incentive and the bureaucratic mindset. Does
this complaint really hold up? Post Office?
VA? Social Security? Medicare? Michael
Parentis Perspective Red tape. Expanding
programs easier than cutting. Bureaucracies
refuse to die.
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Bureaucratic Bloat In the Department of
Agriculture Report on the Dept. of Agriculture
by Rep. Senator Richard Lugar Employs roughly
110,000 people. One employee for every 1.9
farmers. 1 spent for every dollar delivered.
94 of U.S. counties have offices. Since 2000,
1.3 billion paid to individuals who do no
farming at all to not grow rice.
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Bureaucratic Bloat In the Department of
Agriculture Backdrop to the 2007-08 debate
over renewing farm subsidies Subsidies
Begun in the 1930s to save family farms from
low prices during the 1930s. Includes direct
payments to farmers for not growing food in
order to keep crop prices up. Are now being
continued when farm prices and profits are at an
all time historic high.
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Bureaucratic Bloat In the Department of
Agriculture Backdrop to the 2007-08 debate over
renewing farm subsidies Subsidies Between
1996 and 2008, 177 billion has been paid to
farmers with the top 10 receiving 75 of the
subsidies. The top recipient in 2006 was
Riceland foods of Arkansas, which received 7.7
million.
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Bureaucratic Bloat In the Department of
Agriculture The 290 billion 2008 Farm Bill
Provides 40 billion over the next 5 years to
farmers for doing nothing more than having grown
a subsidized crop in the past. Includes funding
of the food stamp program. Includes first time
funding of 2.2 bil. for CA vegetable growers.
Caps aid to wealthy farmers beginning with those
making over 2.5 million a year. Cuts off food
stamp aid at 17,808 (per couple). The largest
10 of beneficiaries still get 60 of the
money. Only about 8 of minority farmers
receive any aid.
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Bureaucratic Bloat In the Department of
Agriculture The 290 billion 2008 Farm Bill
Plus A few Earmarks. 170 million to CA
fishermen. 126 million to Kentucky racehorse
owners. 3 billion for marketing off fruits and
veggies. Sale of national forest land to a
Vermont ski resort. Despite being passed by
veto-proof majorities in both Houses, Bush
threatened a veto.
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Bureaucratic Bloat In the Department of
Agriculture Congresss Role The Farm Bill House
Debates Pelosis prime motivation in
supporting the current farm policy apparently is
to preserve the re-election prospects of freshman
Democrats in rural districts who
toppled Republicans last November. Nine of the
freshmen sit on the House Agricultural committee.
Several said they feared any vote to reform farm
programs would endanger their political prospects.
S.F. Chron. 7/22/07
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Bureaucratic Bloat In the Department of
Agriculture Congresss Role The Farm Bill House
Debates A Democratic amendment to limit
subsidies failed as Southern lawmakers pushed
hard to protect unlimited payments for cotton and
rice growers. S.F. Chron. 11/17/07
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Problems Regarding the Federal Bureaucracy
Bureaucratic Bloat / Lack of Efficiency.
Horizontal and Vertical Conflict. Bureaucrats
Acting as Lawmakers. The Influence of Special
Interests.
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Problems Regarding the Federal Bureaucracy Bureauc
ratic Management and Conflict The ideal
bureaucratic pyramid Horizontal
specialization (across) Vertical authority
(down) and accountability (up)
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Issues Regarding the Federal Bureaucracy
Bureaucratic Management and Conflict
Horizontal Infighting Conflict between
overlapping agencies. Examples Establishing
For. Policy State vs. Defense vs. NSC Fighting
Terrorism Dept. Justice vs. Defense
Controlling Emissions EPA vs. Dep. Of Trans. vs.
Dep. Of Energy New rules for Green House gases
proposed by Bush might require concurrence of the
EPA and Departments of Energy, Agriculture,
Transportation, as well as the OMB, and Council
on Environmental Quality. Frank ODonnell -
Clear Air Watch
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Issues Regarding the Federal Bureaucracy
Bureaucratic Management and Conflict. Vertical
Infighting Top ranking political appointees
vs. rank and file civil service. Political
Appointees (about 600) Hold top, policy
making, positions. Partisan, often not
specialists. Temporary. The Civil Service
(about 2.8 million) Hold middle positions on
down. (non-policy making) Staffed by qualified
professionals civil service tests Protected
by law. --------gt bureaucratic impasse /
stonewalling
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Bureaucratic Infighting Vertical Conflict at the
EPA EPA Denial of Green House gas waiver for
CA California failed to show the compelling and
extraordinary conditions required to grant a
waiver. Stephen Johnson - EPA Administrator Howe
ver Staff universally endorsed it. Johnson
endorsed the waiver until the WH intervened
Staff protests waiver denial and leaks info to
press.
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Bureaucratic Infighting Vertical Conflict at the
EPA Easing of Air Pollution Reporting Rather
than measuring spikes during 3 and 24 hours
periods, levels would be averaged over the course
of a year, allowing spikes to be discounted even
though EPA scientists say they will worsen air
visibility. The EPA proposed changing the way
the government measures air pollution despite
objections by EPA staff. S.F. Chron. 5.1/16/08
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Bureaucratic Infighting Vertical Conflict at the
EPA When industry (or its administration backers
feel persecuted), it complains to the program
managers, who in turn give us an earful. Under
Clinton, we were usually able to push back if we
had to we would often win the day. Yet when the
Bush officials took over, my office was asked to
stop enforcing air pollution laws in favor of
voluntary studies. Eric Schaefer, and 18
year veteran on on why he quit the EPA.
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Bureaucratic Infighting Vertical Conflict at the
EPA More than 1/2 of the scientists at the
Environmental Protection Agency who responded to
a survey said they have experienced political
interference in their work. Washington Post
3/24/08
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Issues Regarding the Federal Bureaucracy
Bureaucratic Bloat / Lack of Efficiency
Management and Control Bureaucrats as
Lawmakers Bureaucracies write rules and
regulations that carry the weight of
law. Because laws are usually general, the
bureaucracies have leeway in writing up the
rules regarding how they will be enforced
Administrative law must be based on statutory
law. Yet, the power to write administrative
law/rules often reshapes congressional
legislation.
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Example Bureaucrats as Lawmakers In the Dept. of
Agriculture Stopping the Sale of Horse
Meat Congress amended an agricultural bill to
ban the use of taxpayer funds to inspect horse
meat (which would stop the slaughter of horses
since all meat must be inspected). But the Dept.
of Agriculture, lobbied by the owners of the
plants, issued new rules last month to allow the
plants to pay the cost of the inspections. S.F.
Chron. 4/1/06
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Example Bureaucrats as lawmakers In the Dept. of
Education Granting Gender Equality Title IX -
Ed. Act of 1972 Forbids discrimination based on
gender No one shall, on the basis of sex, be
subjected to discrimination under any education
program or activity receiving Federal financial
assistance. Agencies may issue rules,
regulations or orders consistent with
achievement of the objectives of the statute.
Why is attempting to provide this
controversial? The issue of girls sports Is
equality here a fundamental right?
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Example Bureaucrats as Lawmakers In the Dept. of
Education Granting Gender Equality The three
prong test established by the Dept. of Ed
(Civil Rights Office). Est. 1979 1 show
proportionate numbers 2 show expansion of
womens programs 3 show program accommodates
interests of women Required multi faceted
approach with the burden on school to prove its
case. New rule for complying with prong 3
issued in 2005 Allowed prong 3 to be fulfilled
by email survey. Is this a fair way of showing
compliance with Title IX? Survey methodology
non-responses
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Example Bureaucrats as Lawmakers In the
EPA Enforcing the Clean Air Act The Clean Air
Act of 1970 Mandates regulation of pollutants
that may reasonably be anticipated to endanger
public health or welfare. Allowed the EPA to
establish rules concerning how and
when industries must meet commitments. Is CO2 a
pollutant? The EPA The causes of global
warming remain a subject of substantial
scientific uncertainty. 2007 (This despite
reports of its own scientists.) THE EPA Even
if CO2 does cause global warming it is not
a pollutant and thus is not covered by the
Clean Air Act.
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Example Bureaucrats as Lawmakers In the EPA
(cont.) Supreme Court Ruling March 2007
Demands that the EPA regulate CO2 under the Clean
Air Act of 1970. Continued EPA
Intransigence The head of the EPA said the EPA
will not be rushed into deciding whether to
regulate emissions linked to global warming . as
such action needs to be examined broadly as to
other impacts. (sf chron. 3/24/08)
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Bureaucrats as Lawmakers In the Dept. of
Trans Setting fuel economy standards To cut the
deal, Democrats made one significant retreat -
they dropped a provision that would have required
a 4 annual increase in fuel standards from 2020
to 2030. Instead, they agreed to weaker language
saying federal regulators should increase fuel
efficiency each year to the maximum feasible
level. The watered down language appeared to be a
nod to President Bush, who has been seeking more
flexibility to allow the Department of
Transportation to set fuel-economy standards.
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Bureaucrats as Lawmakers In the EPA
(Again) Regulation of Toxics The EPA reduced the
amount of information that needs to be disclosed
in Toxic Inventory Reports and by allowing many
companies to use shorter forms. The EPA estimates
that the changes would save industry 6 million
annually, but the GAO said the change would allow
3,500 to no longer disclose information. The
change came as a result of pressure from the
White House OMB.