Federal Bureaucracy

1. Federal Bureaucracy AP Government

2. Rough History • Began with George Washington • He started with three executive departments • Foreign Affairs • War • Treasury • Foreign Affairs was later changed to State and he added an Attorney General his second term. • Post Master General was given a Cabinet position under Jackson. • Westward expansion made this a legitimate move • Jackson used patronage and the Spoils System to reward his supporters.

3. Civil War changed the bureaucracy forever. • It expanded to meet the needs of a country at war with itself • Agriculture was added, but it wasn’t official • Pension was the same way • The Department of Justice was expanded • Spoils System got Garfield (not the cat) killed • Pendleton Act resulted • Switched from the spoils system to the Merit System • Began to use the Civil Service Exams for employment • Independent Regulatory Commissions • First was INTERSTATE COMMERCE COMMISSION (ICC) – used to regulate railroad rates. This shifted bureaucratic responsibilities from service oriented to regulation oriented.

4. 1913 Commerce & Labor were added • 1914 Federal Trade Commission was added • Great Depression led FDR to create more federal agencies (duh!) • WWII brought even more! • Civil Rights added a couple of more. • 9/11 added the most recent one – HOMELAND SECURITY

5. Who is a bureaucrat? • A career government employee • Three areas where government employees DON’T have to pass the civil service exam: • Appointed Policy Making positions • Secretaries of… • Undersecretaries • On these, the President appoints/Senate confirms • Independent Regulatory Commissions • President Appoints – no Senate Confirmation needed • Low-level, non-policy, patronage positions • Secretarial assistants to policy makers

6. Federal Workforce • It is shrinking due to budget constraints • Government is hiring outside contractors to do the work • Formal Organizations of the Government • Agencies fall into one of four categories • 1. Cabinet Departments • 2. Government Corporations • 3. Independent Agencies • 4. Regulatory Commissions

7. Government Corporations • Most government corporations charge for their services: • U.S. Postal Service • Amtrak • FDIC • TVA • Etc.

8. Independent Agencies • Resemble cabinet departments. These perform a service: • NASA • EPA • By not being part of a cabinet department, they have more freedom to develop

9. Regulatory Commissions • Created by Congress to be outside the major departments so they can regulate a specific economic activity or interest. • Older ones like the SEC and Federal Reserve Board were created to oversee industries • Newer ones, like OSHA, are more concerned with how the business sector relates to the public.

10. Controls over Governments Employees • Hatch Act, 1939 • Very extreme. Federal employees were prohibited from making campaign contributions, working for a political party, or campaigning for a candidate • Federal Employees Political Activities Act, 1993 • Today they’re allowed to be involved politically with some restrictions. See handout.

11. How the bureaucracy works • Max Weber had a profound impact on how bureaucracies SHOULD work: • Model Bureaucracies had 6 Characteristics • Chain of command is from the top down • Division of labor that utilizes specialized skills • Clear lines of authority • A goal that determines structure, authority and rules. • Employees are treated fairly – clients are served equally • Productivity where work is evaluated by established rules

12. Congress, Departments, Agencies,& Commissions • Congress established these to make sure that specialization is utilized. • In essence they’re turning over part of their power.

13. To study the implementation of laws developed by these organizations we need to look at three models: • IRON TRIANGLE – this has stable relationships and interaction between the members of the bureaucracy • ISSUE NETWORKS – similar to the Iron Triangle, but in addition to the same characters, they have ever-changing members – lawyers, consultants, academics, PR specialists, and the courts. • INTERAGENCY COUNCILS – working groups that bring together representatives of different agencies, depts., etc. to coordinate policy making and implementation • Example: U.S. Interagency on the Homeless worked with 50+ government agencies to coordinate relief for the homeless.

14. Policies • Policy Coordinating Committees (PCCs) – formed to further help form interaction between agencies and depts at the sub-cabinet level • After 9/11, a PCC was formed on Terrorist Financing. • Worked with representatives from the depts of • Treasury • State • Defense • Justice • CIA • FBI • Recommended asking Saudi Arabian government to take action against terrorist financiers

15. Making Policy • Administrative Discretion • The ability of bureaucrats to make choices concerning the best way to implement congressional intentions • Two formal procedures for this • 1. Rule Making • 2. Administrative Adjudication

16. Rule Making – this is quasi-legislative and it has the characteristics of a legislative act. • See the handout on How Regulations are Made • Administrative Procedures Act of 1946 set rules for rule-making procedures • Public notice of time, place and nature of rule-making proceedings be provided in the Federal Register. • Interested parties be given the opportunity to submit written arguments and facts relevant to the rule • The statutory purpose and basis of the rule be stated • Once rules are written, 30 days must elapse before they take effect.

17. Administrative Adjudication – quasi-judicial process. Board of judges settles disputes over whether a corporation or person is violating a rule or regulation • Examples: • Federal Trade Commission • EEOC • Social Security Judges • All of the decisions by these are reviewable by the Federal Courts if need be

18. Accountability • Congressional Control • Two types of Oversight • Police patrol – proactive, allowing Congress to set its own agenda for programs or agencies to review • Fire Alarm – reactive, involves a Congressional response to a complaint (most used) • Power of the Purse – to fund or not to fund…that is the question • House Appropriations Committee • Government Accounting Office • Congressional Research Office • Congressional Budget Office

19. Judicial Control • Less apparent than Congressional and Presidential Control • Federal judges can issue injunctions or orders to specific Federal Agencies