BUREAUCRACY

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BUREAUCRACY

• Staffing the Bureaucracy
• Modern Attempts at Bureaucratic Reform
• Iron Triangles

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Article II, Section 2, Clause 1

• The President. . .may require the Opinion, in
  writing, of the principle Officer in each of the
  executive Departments, upon any subject relating
  to the Duties of their respective Office.

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What is a Bureaucracy?
What comes to mind?

• Large, complex organization
• Appointed not elected officials
• Hundreds government agencies
• System of departments divisions
• Key factors
• Hierarchy of command
• Specialized division of labor
• Clear lines of authority , rules
• Merit based decisions

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• Includes all agencies, people procedures needed
  to operate and administer public policy
• Line agencies perform tasks for which the
  organization exists - EPA, ATF, DEA
• Staff agencies serve in support capacity by
  advising, budgeting, purchasing etc. - EOP
• President is the Chief Administrator he shall
  take care that the laws be faithfully executed

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HISTORY

• TRANSFORMED FROM SPOIL SYSTEM TO A MERIT SYSTEM -
  PENDLETON ACT
• TENDENCY TO GROW DURING TIMES OF WAR / CRISIS
• MARKED GROWTH DURING GREAT DEPRESSION (NEW DEAL)
• REGULATION OF CIVIL SERVANTS HATCH ACT /
  PENDELTON ACTS

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• Constitutionally, executive branch is responsible
  for enforcement of legislation
• Congress controls overall organization
• Can create
• Can destroy
• Founding Fathers had little to say about
  executive branch agencies.
• Take direction from legislative
• Responsible for selecting heads of nec. Depts.

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• Constitutional Convention
• Debates did not include references to an
  administrative system
• Discussed the procedure for selecting heads of
  necessary departments
• Constitution silent on subject of bureaucracy.
• System functions independently of President
  Congress controls overall organization

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Public Perception of Bureaucracies

• Impersonal
• Inclined to follow rigid or complex procedures
• May stifle effectiveness and innovation
• red tape maze
• Of government regs
• gridlock

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• https//www.youtube.com/watch?viV2ViNJFZC8index
  37listPLFUDFj074tkxErU68i5lHEik3BtQLU-dH

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What is the Federal Bureaucracy?http//www.opm.go
v/policy-data-oversight/data-analysis-documentatio
n/federal-employment-reports/historical-tables/tot
al-government-employment-since-1962/

• 4.4 million employees
• 2.7 million - civilians or civil servants
• President only appoints 3
• 15 cabinet level departments
• 200 independent agencies
• 2000bureaus, divisions, branches etc.
• Biggest
• Defense, - 3.23 million ees
• US Postal Service - 546,000 (23,600 retire)

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What are the functions of the Federal Bureaucracy?

• Implementation
• Carry out laws of Congress, exective orders of
  the President
• Administration
• routine administrative work provide services
• Social Security Admin - sends checks
• Regulation
• Issue rules and regulations that impact public
• EPA - sets clean air standards

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How is the Federal Bureaucracy Organized?

• Consists of
• Cabinet Departments
• Independent Executive Agencies
• Independent Regulatory Commissions
• Government Corporations

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Federal Bureaucracy
President
Congress
Executive Office of the President (Ex OMB, NSC)
Independent Regulatory Commissions (Ex FCC,
SEC)
Independent Executive Agencies (Ex CIA, NASA)
Cabinet Departments (Ex State, Defense)
Government Corporations (Ex Amtrack, Postal
Service)
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Executive Office of the President (EOP) - 1939

• White House Office - Chief of Staff
• Presidents closest advisors
• Reorganized with each administration
• Office of Mgt and Budget
• National Security Advisors
• Council of Eco Advisors
• Office of National Drug Control
• Faith Based Community Initiatives-Bush-expand
  private efforts to combat drugs, homelessness etc.

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• Office of Homeland Security
• Newest job - keep president informed of all
  efforts being made to protect the country from
  terrorism
• National Security Council
• VP, Sec of State, Defense, Dir CIA, Joint Chiefs,
  - advises Pres on domestic, foreign military
  matters related to national security
• CIA does most of work at the discretion of NSC
  ex sold arms to Iran, used to aid Contra
  rebels in Nicaragua despite Congressional
  prohibition - Iran/Contra Scandal

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The Cabinet Departments

• 15 departments - Created by Congress
• Headed by cabinet Secretary (except Justice -
  Attorney General)
• Appointed by Pres., confirmed by Senate
• Department head
• Advisor to President
• In line for Pres. Succession
• 60 of the workforce

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Independent Executive Agencies

• Established by Congress
• Resemble cabinet dept
• Narrower area of responsibility
• Given a specific mandate and generally perform a
  service function
• Not part of any cabinet department
• Ex CIA, NASA, EPA, Social Security Ad
• EPA part of presidents formal cabinet.

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Independent Regulatory Commissions

• Created by Congress
• Exist to regulate a specific economic activity or
  interest
• FCC, Federal Reserve Board, SEC
• Operate independently from Congress and the Pres.
• Once appointed and seated, cannot be removed
  without cause.

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Government Corporations

• Government owned businesses
• Created by Congress
• May or may not be profitable
• Services a public need that could be provided by
  private business.
• Ex Postal Service, Amtrak, Tennessee Valley
  Authority, PBS

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Who are the Bureaucrats?

• 97 are career government employees
• Only 10 live in the D.C. area
• 30 work for the D.O.D.
• Less than 15 work for social welfare
  agencies
• Most are white collar workers secretaries,
  clerks, lawyers, inspectors engineers
• Civil employees more diverse demographically than
  Congress

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Appointees /Civil Servants

• Appointed positions considered political plums
• Often go to politically well connected
• Listed in the Policy and Supporting Positions or
  the Plum Book
• Rest of the employees belong to the civil service
• Obtain jobs through a formal process

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Appointees

• Suggestions solicited from politicians,
  businesspersons and other prominent individuals
• Often a way for president to pay off outstanding
  political debts
• Ambassadorships often used to reward individuals
  for their campaign contributions
• All appointments have to be confirmed by the
  Senate

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• Appointment errors
• Michael Brown to head FEMA
• No experience in emergency planning and relief
  efforts
• George C. Deutsch to head NASA
• Did not graduate from Texas AM as he had
  indicated on his résumé

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• Political Appointees
• Average term of service is less
• than two years
• Many appointees are figureheads
• Civil servants who occupy permanent staff may not
  feel compelled to carry out their directives
• Know they will not be around long

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Civil Servants

• 97 are career government employees who work in
  the executive branch
• Most are white collar workers secretaries,
  clerks, lawyers engineers
• Pendleton Act employees are selected by merit
  standards
• Tests
• Educational criteria
• Prevents employees from being fired for political
  reasons

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Merit System and the Hatch Act

• Merit system
• Best qualified hired
• Hatch Act - 1939
• Party politics involvement limited
• Government employees cant wear campaign buttons
• At work
• Wearing a uniform
• Driving government vehicle

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• Difficult to discharge
• Fewer than .01 of federal employees have been
  fired for incompetence
• Prevents implementation of dramatic change
• How to fire a bureaucrat p. 323 table 9.2
• Easier to fire for misconduct than for
  incompetence

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How Bureaucrats Work

• Not elected officials
• Usually outlast the president who so heavily
  dictates public policy
• Since their department, agency, commission etc.
  are created by Congress, their decisions have the
  authority of law
• Discretionary power to make policies and choose
  actions that are not spelled out in advance by
  laws

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Accountability

• Criticism of merit-based no accountability
• Do not lose job with new president
• Suggestions for accountability
• Limiting appointment to 6-12 years, need to be
  re-examined
• Easier to fire
• Rotate professionals between agencies

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American Bureaucracy

• Divided supervision 2 masters
• Congress power to create, organize, destroy
• President constitutional authority to supervise
• Most agencies do not have direct contact
• Encourages bureaucrats to play one branch against
  the other
• Counterparts at the state and local levels
• PA Attorney General, Dept Agriculture, ED
• Complicated lines of authority/communication

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• Close public scrutiny transparency
• Emphasis
• Am political culture
• Individual rights
• Defense against abuse by government
• Court challenges to agency actions 50 of federal
  court cases
• Regulation rather than public ownership

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Who supervises the Federal bureaucracy?

• President
• Appoints and removes agency heads
• Reorganize
• Issue executive orders
• Reduce an agencys budget

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• Congress
• Create or abolish agencies/departments
• Cut or reduce funding
• Investigate agency activities
• Hold committee hearings
• Pass legislation that alters agency functions
• Influence or fail to confirm presidential
  appointments

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• Federal Courts
• Judicial review - rule whether the agency acted
  within the law
• Provide due process for individual affected by a
  bureaucratic action

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The real power in the Federal Government? - 4th
branch
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Thinking Critically

• 1. Why is the federal
• bureaucracy often
• referred to as the
• fourth branch?
• 2. Some critics believe that the real power in
  the
• federal government lies with the federal
• bureaucracy. To what extent do you believe
• this is true?

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• Modern Attempts at Bureaucratic Reform

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Sunshine Lawsbefore 9/11

• 1976 - Sunshine Act
• All agencies headed by committee hold their
  meetings in public
• Exception court proceedings
• personnel problems
• Sunshine laws exist at all levels of govt.
  

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• Sunshine Lawsafter 9/11
• Since 9/11 trend towards less information
  disclosed
• Within weeks of 9/11 thousands of documents were
  removed from Internet by federal agencies
• Diagrams of power plants
• Structural details on dams
• Safety plans for chemical plants

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• Military, FBI restricted info. regarding current
  and planned activities
• Once people begin to feel safe, will take
  agencies to court demanding access to the
  information - re-impose the Sunshine Laws

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Sunset Laws

• Laws requiring that existing programs be reviewed
  regularly for their effectiveness and be
  terminated unless specifically extended as a
  result of these reviews.
• Congress must reauthorize the program or it would
  be terminated - its sun would set
• Most laws do not have sunset clauses in such
  cases, the law goes on indefinitely.

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National Performance Review

• Al Gore 1994
• Horrors of red tape
• Called for less centralized management
• More employee initiative
• Fewer rules
• Emphasis on customer satisfaction
• As of 2008
• Few recommendations have been followed
• Change is difficult two masters

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Benefits of a Bureaucracy

• Effective for large groups of people
• Reduction of conflicts over who makes decisions
• Job specialization promotes focus on one job
• Gain mastery of specialized skill

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Downside of a Bureaucracy

• Red tape procedures or outcomes??
• Complex rules and procedures
• All parts of organization must work together
• Result of bigness
• Conflict
• Agencies that work at cross purposes
• Agriculture research service tells farmers how to
  grow crops more efficiently
• Agricultural stabilization Conservation service
  pays framers to grow fewer crops

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• Duplication
• Custom Service DEA both attempt to intercept
  illegally smuggled drugs
• Imperialism unchecked growth
• Tendency of agency to grow without regard to
  benefits provided or cost incurred
• Seek vague goals, receive vague mandates,
• Take the broadest possible view of their power
• Dept. Trans. Required wheelchair lifts on all
  buses

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• Waste
• Agency spends more than is necessary to buy some
  product or service
• 300.00 hammer purchased by the military
• What is the motivation to keep the costs down?
• Accountability
• Difficulty in firing or demoting incompetent
  workers p.323
• Oversight difficulty size, structure, complexity

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Privatization

• Replacement of government services by private
  sector
• Successful on local level
• Trash collection
• Snow removal
• US Defense Dept -
• contracted out many
• services in Iraq and Afghanistan

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Cost savings through E-government

• Improved efficiency with which government
  agencies deliver services to public
• Web-sites to deliver information to public
• 2003 federal agencies are required by the
  Government Paperwork Elimination Act to use
  electronic commerce whenever it is practical

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Whistleblowers

• Someone who brings to public attention gross
  governmental inefficiency or an illegal action
• 1978 Civil Service Reform Act
• Prohibits reprisals
• 1989 Whistle-Blower Protection Act
• Established commission responsible for
  investigating complains and reprisals

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Iron Triangles

• When competing interests are in agreement,
  Political Scientists call this an IRON TRIANGLE
• Bureaucratic Agency forms ties with Interest
  Groups who form ties with Legislative Committees
• EXAMPLE Tennessee Valley Authority
• Created in 1933
• GOAL Cheap electric power for economic
  development in Tennessee

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Ex Defense Policy

• 1. Department of Defense - Bureaucratic agency
• 2. Defense Contractors - Interest Groups
• 3. House Senate Armed Services Committees

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Ex Transportation Policy

• Congress Transportation Committee
• Bureaucracy Department of Transportation
• Interest Groups Truckers Union, AAA

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EXCHANGES

• Bureaucratic Agency ? Interest Groups
• Information regarding enforcement of laws
• Share research process, findings
• Access
• Enforcement support
• Bureaucratic Agency ? Congress Comm.
• Budgetary support
• Informed about issues being discussed
• Access to leg process
• Enforcement support

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• Congress Comm. ? Interest Groups
• Tailoring legislation
• Access to legislative arena
• Keeping each other informed
• Electoral support
• Campaign contributions

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• Create your own Iron Triangle
• Follow instructions on work sheet
• Use pages 328, 251, 585 to help you get started.