Bureaucratic Accountability:

Who’s in charge?

What authority does the President have over the bureaucracy?

What authority does Congress have over the bureaucracy?

What authority does the Judiciary have over the bureaucracy?

How do you affect the bureaucracy, and how is it related to “red tape”?

How are agencies held accountable?

• If an agency becomes too removed from the public, Congress must intervene – IRS in late 1990s

• Many factors control the power of bureaucracy, hard to define “public interest”

• Must be a system of checks and balances – Executive, legislative, judicial branch

The Executive• Appoint/remove agency heads and other top bureaucrats• Reorganize the bureaucracy (with Congressional

approval)• Make changes in an agency’s annual budget proposals• Ignore legislative initiatives originating within the

bureaucracy (ex.:• Initiate/adjust policies that would, if enacted by

Congress, alter bureaucracy’s activities• Issue executive orders—rules/regs. issued by Pres.

that have the effect of law (without Congress)– EO 9066: Japanese internment by FDR

• Reduce an agency’s annual budget

*one of the most important powers the executive has over the bureaucracy/legislation is ability to influence budget*

The Legislation (Congress)

• Pass legislation that alters the bureaucracy’s activities– “police patrol” and “fire alarm” oversight (p.328)

• Abolish existing programs• Refuse to appropriate funds for certain programs

– “power of the purse”

• Investigate bureaucratic activities; compel bureaucrats to testify about them– FEMA’s actions after Katrina

• Influence presidential appointments of agency heads/other top officials– Especially Senate

• Write legislation to limit the bureaucracy’s discretion

Congressional Oversight

Oversight—ability of Congress to oversee the implementation of legislation by the executive branch

• Government Accountability Office (GAO)—tracks money spent by bureaucracy, monitors how policy is implemented

• Office of Management and Budget (OMB)—assists President in preparing the budget, measures the quality of agency programs, policies, and procedures to see if they comply with the President’s policies.

• Congressional Research Service (CRS)—non-partisan group that offers Congress research and analysis on all current/emerging issues of national policy

• Congressional Budget Office (CBO)—non-partisan group that helps Congress make economic and budgetary decisions on a wide array of programs covered by the federal budget (fiscal)

The Judiciary

• Rule on whether bureaucrats have acted within the law

• Require policy changes to comply with the law

• Force bureaucracy to respect rights of individuals through hearings/other proceedings

• Rule on constitutionality of all challenged rules/regulations

Check yourself:Red tape, the colloquialism used for bureaucracy, exists because:a. That’s how the government operatesb. It allows both beneficiary and bureaucrat to see progress, no

matter how slowc. It prevents Congress from having control over administrationd. It allows bureaucratic output to be measurede. It allows agency accomplishment to be measured

A “captured agency” refers to a bureaucracy that:a. Becomes an agent for the industry it’s suppose to regulateb. Is put forcibly under control of Congressc. Is put forcibly under control of the presidentd. Is put forcibly under control of both Congress and the presidente. Is taken over by interest groups

Essay question

“Bureaucracy is not an obstacle to democracy but an inevitable complement to it.”

Assignment: Do you agree with this statement? Plan and write an essay in which you develop your position on this issue. Support your point of view with reasoning and examples taken from your readings, notes, research and background knowledge.

• Due to…• As a result…

• DRAFT INTRO (THESIS) DUE NEXT CLASS.