bureaucracy chapter 9 bureaucracy literally means “rule by desks”
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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
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