Bureaucracy

  1. Theories of the Bureaucracy
    1. Weberian - Bureaucracies are the result of the complex nature of modern life and expectations of citizens on the role of government.
      1. Hierarchy of Authority
      2. Division of Labor
      3. Rules and Regulations
      4. Impersonality
      5. Job Security

 

  1. WHY HAS THE BUREAUCRACY GROWN
    1. Technological Reasons
    2. Belief that the Government should regulate Business
    3. Belief that the government should provide a social safety net
    4. Political forces the way government shows that it cares is to create an agency
    5. Zombie factor - the agency that refuses to die even after its mission no longer exists.

 

  1. Organization of the Federal Bureaucracy
    1. Departments Large (Treasury, Defense, HHS) and Small (Energy Commerce Interior)
    2. Government Corporations Resolution Trust Corporation, Post Office, Amtrack - Agency that administers a quasi business enterprise.
    3. Independent Agencies - CIA, FEMA, NASA, GSA -Not located within a department and report directly to the Pres. Congress decides presidents prefer independent
    4. Regulatory Agencies - FRB, FEC, FCC, OSHA, EPA Make rules and regulations to carry out laws passed by Congress

 

  1. Increases in the Power of the Bureaucracy
    1. Early Spoils System - political favors
      1. Adams- every appointment creates 10 enemies and one ingrate,
      2. Jackson resentment toward the bureaucracy fired and replaced all previous government employees with his supporters
    2. The Pendleton Act-Civil Service Reform Act 1883- established the civil service and the merit system
    3. Hatch Act 1939 Political Activities Act
      1. to prevent political manipulation
      2. neutral competence fire wall between government employees and politics.
      3. Hiring of civil service cannot be based on politics
    4. Ethics in Government Act 1978 applies to Executive employees
      1. financial disclosure
      2. disclosure of outside employment
      3. after leaving government service:
        1. may not represent anyone before their former agency in any matter they had been involved in before leaving government
        2. may not lobby for two years on any related matter
        3. may not lobby at all for one year
    5. Federal Employees Political Activities Act 1993 amended the Hatch Act
      1. Government employees can engage in political activities except:
        1. while on duty;
        2. in any room or building occupied in the discharge
        3. of official duties by a Federal employee or official;
        4. while wearing a uniform or official insignia
        5. while using any government owned vehicle

 

  1. Legislative Constraints on the Bureaucracy
    1. Administrative Procedures Act 1946 hearings for new policies
    2. Freedom of Information Act - 1966 - citizens have right to inspect government records.
    3. National Environmental Policy Act 1969 Environmental Impact Statements for federal projects
    4. Privacy Act, 1974 protection from government intrusion
    5. Government in the Sunshine Law 1976 - open meetings
    6. Whistle Blowers Protection 1978 - strengthened in 89 protecting those who point out corruption or problems in government
    7. Privatization and contracting out limiting the scope of government mixed results private is not always better

 

  1. Congressional Oversight of the Bureaucracy

A. Power of the purse,

      1. Authorization a formal declaration by a Congressional Committee that a certain amount of funding will be available and
      2. Appropriation The passage by Congress of a spending bill specifying the amount authorized to an agency may not be the same as the authorization

B. Investigation hearings

C. One of the main areas of congressional delegation in the Bush administration both spending flexibility and not requiring oversight

D. Judicial Control ability to determine that regulations are unconstitutional

  1. Policy Making Power of Bureaucracy

A.    Administrative discretion as to how to enforce law

B.     OMB - final approval or disapproval based on fiscal impact

C.     Administrative Adjudication. Negotiated Rulemaking

 

  1. Iron Triangles and Issue Networks.

A.    Iron Triangle interaction between the Congress, the Department that addresses the particular issue and the Interest group problem with this metaphor is that it is too simplistic.

B.     Issue Networks A groups of individuals in legislators, legislative staff, interest groups leaders, bureaucrats, media, scholars, who support a particular policy position on a given issue.

IX. The Department of Homeland Security the Origins of a new Bureaucracy

A. Follows the model for the movement of government into a new area.

Problem identification- event driven -9/11

Solution proposal

Passage of legislation

Formulation of Regulations

Evaluation

B. Bush administration Initially opposed a cabinet level office wanting an office that would be under the direct control of the President without the congressional oversight that a cabinet office requires. But eventually the administration gave in to public pressure for a separate department HR 5005.

Transfer of 22 already existing Agencies and 170, 000 Federal Workers to the new Department - with a budget of $37 million

Argument for- better coordination of war on terror

Arguments against HR5005 the devils in the details

Exemption of employees from many Civil Service Protections

5% of the budget exempt from Congressional Oversight

President has the power to re-organize or eliminate agencies without Congressional Approval