American Government American Government and Organizationand Organization

PS1301PS1301

Wednesday, 21 AprilWednesday, 21 April

AnnouncementsAnnouncements

Take Quiz in Chapter 13Take Quiz in Chapter 13

Read, “Government Regulation After Read, “Government Regulation After September 11” in September 11” in American Politics After American Politics After September 11September 11

The BureaucracyThe Bureaucracy

A large complex organization characterized by A large complex organization characterized by specialization, expertise (division of labor) and specialization, expertise (division of labor) and hierarchy of authorityhierarchy of authority

The Bureaucracy is in charge of implementation; The Bureaucracy is in charge of implementation; Implementation is the process by which a law is Implementation is the process by which a law is put into operationput into operation

Laws that congress creates in order to Laws that congress creates in order to implement policies are given the authority make implement policies are given the authority make numerous policy decisions that have the force of numerous policy decisions that have the force of lawlaw

The ‘Problem’ of Bureaucratic The ‘Problem’ of Bureaucratic DiscretionDiscretion

Scientific expertiseScientific expertise

ExperienceExperience

Diffuses conflictDiffuses conflict

IntentionalIntentional

Example of how bureaucratic Example of how bureaucratic discretion worksdiscretion works

Problem of Occupational SafetyProblem of Occupational Safety

The Executive BranchThe Executive Branch

Department of LaborDepartment of Labor

Occupational Safety and Health Act Occupational Safety and Health Act of 1970of 1970

Designed to ensure the safety and health of workers.Designed to ensure the safety and health of workers.Congress could not agree on how to balance the competing interest of Congress could not agree on how to balance the competing interest of employees who wanted safe workplaces and employers who did not want to employees who wanted safe workplaces and employers who did not want to expend large amounts of money to comply with standards set by OSHA.expend large amounts of money to comply with standards set by OSHA.SO the legislation as it was passed said nothing about how the agency (SO the legislation as it was passed said nothing about how the agency (OSHAOSHA within the Department of Labor) implementing this legislation was to within the Department of Labor) implementing this legislation was to balance the competing interestsbalance the competing interestsThey left it up to OSHAThey left it up to OSHASo the bureaucracy takes the laws and policies as made by congress, the So the bureaucracy takes the laws and policies as made by congress, the president and the courts and develop rules and procedures for making sure president and the courts and develop rules and procedures for making sure they are carried out.they are carried out.Most implementation involves what is called administrative or bureaucratic Most implementation involves what is called administrative or bureaucratic discretion: "The ability to make choices concerning the best way to discretion: "The ability to make choices concerning the best way to implement congressional intentions.”implement congressional intentions.”Bureaucratic discretion is exercised through two formal administrative Bureaucratic discretion is exercised through two formal administrative procedures: procedures: rule makingrule making and and adjudicationadjudication..

Rule MakingRule MakingRule making results in Rule making results in regulationsregulations..Regulations are rules that govern the operations of all government Regulations are rules that govern the operations of all government programs.programs.So OSHA issues regulations about worker safety and health, such as So OSHA issues regulations about worker safety and health, such as platforms must have railings.platforms must have railings.How are regulations written: Administrative Procedures Act (1946) How are regulations written: Administrative Procedures Act (1946) established rule making procedures in order to give everyone a chance to established rule making procedures in order to give everyone a chance to participate in the process.participate in the process.The act requires that public notice of the time of the proceedings be The act requires that public notice of the time of the proceedings be provided in the provided in the Federal RegisterFederal Register (a daily publication that contains all (a daily publication that contains all proposed and final regulations of all federal agencies). “Search OSHA and proposed and final regulations of all federal agencies). “Search OSHA and worker safety”worker safety”Interested parties be given the opportunity to submit written arguments and Interested parties be given the opportunity to submit written arguments and facts relevant to the rulefacts relevant to the ruleThe purpose and basis of the rule should be statedThe purpose and basis of the rule should be statedSometimes formal hearings are required by law where evidence is gathered Sometimes formal hearings are required by law where evidence is gathered and witnesses testify. The administrators then examine the records and and witnesses testify. The administrators then examine the records and justify the rules that they write.justify the rules that they write.

Rule AdjudicationRule Adjudication

Bureaucratic agency settles disputes between Bureaucratic agency settles disputes between two parties as a court does. two parties as a court does. Sometimes a person or business is accused of Sometimes a person or business is accused of not complying with one of the rules or not complying with one of the rules or regulations issued by an administrative agency.regulations issued by an administrative agency.OSHA settles disputes between employers and OSHA settles disputes between employers and employees.employees.It also fines employers for infractions of the It also fines employers for infractions of the rules.rules.These cases can be appealed to a federal court.These cases can be appealed to a federal court.

Pros of Bureaucratic DiscretionPros of Bureaucratic Discretion

PluralismPluralism: diffuses conflict, more people involved : diffuses conflict, more people involved in policy making, more points of accessin policy making, more points of accessEfficiency, expertise:Efficiency, expertise: practical response to practical response to problems of divided government, inability of problems of divided government, inability of separated powers to deal effectively with policy separated powers to deal effectively with policy challengeschallengesFlexibility:Flexibility: Laws cannot be written by Congress Laws cannot be written by Congress which anticipate and address all possible which anticipate and address all possible situations that an agency may encounter when situations that an agency may encounter when implementing a policyimplementing a policyInevitable:Inevitable: necessary given size and scope of necessary given size and scope of governmentgovernment

Cons of Bureaucratic DiscretionCons of Bureaucratic Discretion

Threatens the idea of political Threatens the idea of political accountabilityaccountability: that important decisions be : that important decisions be made by elected officials.made by elected officials.

Questions separation of powersQuestions separation of powers

Agency capture:Agency capture: interest that fall under an interest that fall under an agencies jurisdiction will control their agencies jurisdiction will control their rulemaking and implementation.rulemaking and implementation.

Making the Bureaucracy Making the Bureaucracy AccountableAccountable

Institutional mechanismsInstitutional mechanisms

President (through reorganization and President (through reorganization and executive order)executive order)

Congress (through legislative oversight, Congress (through legislative oversight, budget, authorize)budget, authorize)

Judicial: individuals can bring suit against Judicial: individuals can bring suit against an agency for failure to enforce a law.an agency for failure to enforce a law.