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.

What is a Bureaucracy?

Large, complex organization Appointed not elected officials Hundreds government agencies

System of departments and divisions Key factors

Hierarchy of command Specialized division of labor Clear lines of authority , rules Merit based decisions

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.

Public Perception of Bureaucracies

Impersonal Inclined to follow rigid or complex

procedures May stifle effectiveness and innovation “red tape” gridlock

What is the Federal Bureaucracy?http://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/historical-tables/total-government-employment-since-1962/

4.4 million employees 2.8 million - civilians or “civil servants”

President only appoints ~ 3% 15 cabinet level departments 200+ independent agencies

2000+bureaus, divisions, branches etc. Biggest:

Defense, - 3.23 million ee’s US Postal Service - 546,000 (23,600 retire)

What are the functions of the Federal Bureaucracy?

1. ImplementationCarry out laws of Congress, exective orders of

the President

2. Administrationroutine administrative work; provide services

Social Security Admin - sends checks

3. RegulationIssue rules and regulations that impact public

EPA - sets clean air standards

How is the Federal Bureaucracy Organized?

Consists of:1. Cabinet Departments 2. Independent Executive Agencies3. Independent Regulatory

Commissions4. Government Corporations

Federal Bureaucracy

President Congress

Executive Officeof the

President(Ex: OMB, NSC)

Government Corporations(Ex: Amtrack, Postal Service)

Independent Regulatory

Commissions(Ex: FCC, SEC)

Independent Executive Agencies

(Ex: CIA, NASA)

CabinetDepartments

(Ex: State, Defense)

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

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.

Independent Executive Agencies

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.

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

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

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

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 A&M as he

had indicated on his résumé

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

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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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

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

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

Who supervises the Federal bureaucracy?

President: Appoints and removes agency heads Reorganize Issue executive orders Reduce an agency’s budget

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

Federal Courts:

Judicial review - rule whether the agency acted within the law

Provide due process for individual affected by a bureaucratic action

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

Modern Attempts at Bureaucratic Reform

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.

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

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

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.

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

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

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

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

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

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

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

Ex: Defense Policy

1. Department of Defense - Bureaucratic agency

2. Defense Contractors - Interest Groups

3. House & Senate Armed Services Committees

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

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.

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