The Executive Branch and the Federal Bureaucracy

What is the federal bureaucracy?

"Fourth branch of government"* Thousands of agencies * Administers federal laws/programs

Determines who gets what, when, and how ...

What are the roots of the federal bureaucracy?

Started small - Jackson increased through "spoils system" - a form of patronage.

Civil War - Agriculture - well fed troops, and Pension (later Veterans Affairs).

Merit System - created as a the result of the Pendleton Act, which was passed as a result of Garfield's/Hayes's wishes. Open, competitive exams now ruled who became federal employees. 90% of them are covered now! (10% initially)

Regulating commerce through the Gilded Age ...

Every time the government decides it would like to do something new, you must understand the implications on the size of the government ...

Some examples ...

Interstate Commerce Commission, ICC - created to regulate unfair RR practices in G.A.

*Shifted the focus of bureaucracy from service to regulation!

T.R. - Progressivism

16th Amendment - income taxes, someone has to do the collecting ... IRS created.

FDR ... NEW DEAL + WW2

The Modern Bureaucracy

Business Government

Exist to make $

Exist for public good

Motivated by $

Motivated by re-election

Taking risks good

Fairness at all costs

Who are bureaucrats?

Career employees

2,000 bureaus

2.7 million workers

Positions not covered under CS exam ...1. Appointive policy- making positions2. Independent regulatory commissioners3. Low-level, nonpolicy patronage positions

The jobs are as diverse as in the public sector ...

Because most of the federal bureaucratic jobs are outside of Washington D.C, decentralizing into 10 regions makes access to offices more realistic.

Examples, Social Security and FBI offices ...

Lingering concerns ...

* Aging of bureaucrats* Outsourcing bureaucrats

* Inability to find quality for $* Private contractors in Iraq

= $538 Billion in 2008!!

Private Security Contractors

Black Water, U.S.A - now known as Academi

Formal Organization of the Bureaucracy

Agencies fall into four general types:

1. Cabinet Departments (15): Major administrative units that are of permanent national interest. Here, 60% of federal work is done. State/Treasury.

2. Independent Executive Agencies: Like Cabinet Depts., but narrower responsibility. Perform services rather than regulation. NASA/EPA.

3. Independent Regulatory Commissions: Created by Congress to exist outside the major depts. to regulate a specific economic activity or interest. National Labor Board/Federal Reserve Board/FCC.

4. Government Corporations: Businesses established by Congress that could be provided by private businesses. Charge fee for service. Amtrak/FDIC.

Federal Workers involved in politics - conflict of interest?

Hatch Act (1939): Prohibited federal workers from becoming directly involved in campaigns, i.e., political donations, working for a party or candidate.

What problems do you see with this?

Federal Employees Political Activities Act of 1993: Eased Hatch Act, allowing federal employees to run for office in nonpartisan elections and contribute money to campaigns in partisan elections.

What does the FEPAA of 1993 stipulate?

How does the bureaucracy work?

Max Weber - German sociologist, believe bureaucracies to be rational way for complex societies to organize themselves - based on:

1. A chain of command, top to bottom.

2. Division of labor, specialization.

3. Clear lines of authority b/w workers/bosses.

4. Goal orientation: structure, authority, rules.

5. Impersonality - no discrimination.

6. Productivity - everything governed by rules.

Ideal ... our fed bureaucracy not there yet.

Implementation: the process by which a law or policy is put into operation.

Iron Triangles: stable relationships and patterns of interaction that occur among agencies, interest groups, and congressional (sub)committees.

Issue Networks: Loose and informal relationships that exist among a large number of actors who work in broad policy areas (lawyers, consultants, and anyone interested in issue as well as Iron Triangle)

Interagency Councils: Working groups created to facilitate the coordination of policy making and implementation across a host of agencies. Post 9/11, Homeland Security Policy Coordinating Comm.

The point of all this is to make policy ...

Low-level bureaucrats have power ...Administrative discretion: bureaucrats can make choices on how to implement decisions.

They exercise this in two ways:

1. Rule Making: Quasi-legislative process that results in regulations that have the characteristics of a legislative act. Regulations are the rules that govern the operation of all government programs and have the force of law.2. Administrative Adjudication: Quasi-judicial process in which a bureaucratic agency settles disputes b/w two parties in a manner similar to the way courts resolve disputes.

How is a regulation made?

Accountablity

Checks and Balances/Separation of Powers