The Executive Branch and the Federal Bureaucracy College Government

The Executive Branch and the Federal Bureaucracy

College Government

The Executive Branch and the Federal Bureaucracy

Bureaucracy A set of complex hierarchical

departments, agencies, commissions, and their staffs that exist to help a chief executive officer carry out his or her duties

Bureaucracies may be private organizations of government.

Origins and Growth of the Federal Bureaucracy

1789 only three departments under the Articles of Confederation Foreign Affairs, War, and Treasury Washington inherited these.

Head of each called a “secretary” Foreign Affairs renamed Department of State

1816 to 1861 size increased and demands increased Post Office expanded as country grew Major source of jobs (spoils system/patronage)

Civil War and the Growth of Government Civil War spawned need for new government

agencies. Department of Agriculture (1862)

Not given Cabinet-level status until 1889 Pension Office (1866) Department of Justice (1870) Spoils system

The firing of public-office holders of a defeated political party and their replacement with loyalists of the newly elected party

Patronage Jobs, grants, or other special favors that are given as

rewards to friends and political allies for their support

From the Spoils System to the Merit System Garfield’s presidency

Besieged by office-seekers (patronage seekers) Wished to reform the system Irony: assassinated by a frustrated job seeker Reaction to Garfield’s death and increasing criticism of the

spoils system was the Civil Service Reform Act in 1883 Also called the Pendleton Act

Reform measure that created the Civil Service Commission to administer a partial merit system

The act classified the federal service by grades to which appointments were made based on the results of a competitive examination.

It made it illegal for federal political appointees to be required to contribute to a particular political party.

Civil service system operated to 1978 New version is the merit system

Regulating the Economy Growth of big business, price fixing, and other unfair

business practices after the Civil War stimulated Congress to create the Interstate Commerce Commission First independent regulatory commission

An agency created by Congress that is generally concerned with a specific aspect of the economy

Theodore Roosevelt Department of Commerce and Labor

Woodrow Wilson Divided it into two separate departments Encouraged Congress to create the Federal Trade

Commission 16th Amendment

The Modern Bureaucracy Who Are Bureaucrats

2.7 million federal workers 1/3 in the U.S. Postal Service

Tests usually for entry-level positions Mid-level to upper ranges of federal positions do not normally

require tests. 10 percent of federal workforce not covered by civil service.

Appointive policy-making positions (cabinet secretaries, for example)- Schedule C

Independent Regulatory Commissioners (appointed by the president) Low-level, non-policy patronage positions

Secretarial assistants to policy makers, for example Many located in Washington, D.C., but many are spread out throughout

the country (decentralized)

Formal Organization Cabinet Departments

Major administrative units with responsibility for a broad area of government operations

Indicates a permanent national interest Businesses established by Congress that perform functions that could

be provided by private businesses Example: Amtrak, Federal Deposit Insurance Corporation

Independent Executive Agencies Governmental units that closely resemble a Cabinet department but

have a narrower area of responsibility and are not part of any Cabinet Department

Example: Central Intelligence Agency Independent Regulatory Commissions

Agencies created by Congress to exist outside the major departments to regulate a specific economic activity or interest

Example: Federal Reserve Board

Government Workers and Political Involvement

Hatch Act Law enacted in 1939 to prohibit civil servants

from taking activist roles in partisan campaigns Could not make political contributions, work for a

political party or campaign for a particular candidate

Federal Employees Political Activities Act 1993 liberalization of the Hatch Act Allowed federal employees to run for office in

nonpartisan elections and to contribute money to campaigns in partisan elections

How the Bureaucracy Works

Weber Chain of command Division of labor/specialization Clear lines of authority Goal orientation Impersonality Productivity

How the Bureaucracy Works

Implementation The process by which a law or policy is put into

operation by the bureaucracy Iron triangles

Relatively stable relationships and patterns of interaction that occur among an agency, interest groups, and congressional committees or subcommittees

Issue networks The loose and informal relationships that exist among a

large number of actors who work in broad policy area Interagency Councils: working groups that bring

together representatives of several departments and agencies to facilitate the coordination of policy making and implementation

Increasing complexity of policy domains Interagency councils

Making Policy Administrative discretion

The ability of bureaucrats to make choices concerning the best way to implement congressional intentions

Rule making A quasi-legislative administrative process that has the

characteristics of a legislative act Regulations

Rules that govern the operation of a particular government program that have the force of law

1946 Administrative Procedures Act Public notice of time, place and nature of rule-making

proceedings provided in the Federal Register Submission of written arguments Statutory purpose and basis of rule to be stated Once rule is written, 30 days must elapse before it takes effect.

Making Policy

Administrative adjudication A quasi-judicial process in which a

bureaucratic agency settles disputes between two parties in a manner similar to the way courts resolve disputes

Making Agencies Accountable Executive Control

Appointments Executive orders

Rules or regulations issued by the president that have the effect of law

Congressional Control Constitutional powers Power of the purse General Accounting Office, Congressional Research

Service, and Congressional Budget Office Judicial Control

Problems with the Bureaucracy

• Bureaucratic Bloat / Lack of Efficiency– Lack of profit incentive and the bureaucratic mindset.• Does this complaint really hold up?– Post Office?– VA?– Social Security?– Medicare?• Michael Parenti’s Perspective– Red tape.– Expanding programs easier than cutting.

• Bureaucracies refuse to die.

Bureaucratic BloatIn the Department of Agriculture

Report on the Dept. of Agriculture byRep. Senator Richard Lugar:• Employs roughly 110,000 people.• One employee for every 1.9 farmers.• $1 spent for every dollar delivered.• 94% of U.S. counties have offices.• Since 2000, $1.3 billion paid to individualswho do no farming at all to not grow rice.


Backdrop to the 2007-08 debate overrenewing farm subsidies:• Subsidies:

– Begun in the 1930’s to save family farms from low prices during the 1930’s.– Includes direct payments to farmers for not growing food in order to keep crop

prices up.– Are now being continued when farm

prices and profits are at an all time historic high.


Backdrop to the 2007-08 debate over renewing farm subsidies:

• Subsidies:– Between 1996 and 2008, $177 billion has

been paid to farmers with the top 10% receiving 75% of the subsidies.

– The top recipient in 2006 was Riceland foods of Arkansas, which received $7.7 million.


The $290 billion 2008 Farm Bill:– Provides $40 billion over the next 5 years to farmers for doing nothing more than having grown a subsidized crop in the past.– Includes funding of the food stamp program.– Includes first time funding of $2.2 bil. for CA vegetable growers.– Caps aid to wealthy farmers beginning with those making over $2.5 million a year.– Cuts off food stamp aid at $17,808 (per couple).– The largest 10% of beneficiaries still get 60% of the money.– Only about 8% of minority farmers receive any aid.


The $290 billion 2008 Farm Bill:– Plus A few Earmarks.

• $170 million to CA fishermen.• $126 million to Kentucky racehorse owners.• $3 billion for marketing off fruits and veggies.• Sale of national forest land to a Vermont ski resort.

Despite being passed by veto-proof majorities in both Houses, Bush threatened a veto.


Congress’s Role: The Farm Bill House Debates:

“Pelosi’s prime motivation in supporting the current farm policyapparently is to preserve the re-election prospects offreshman Democrats in rural districts who toppledRepublicans last November. Nine of the freshmen sit on theHouse Agricultural committee. Several said they feared anyvote to reform farm programs would endanger their politicalprospects.” S.F. Chron. 7/22/07


Congress’s Role: The Farm Bill House Debates:A Democratic amendment to limit subsidies failed as Southern lawmakers pushed hard to protect unlimited payments for cotton and rice growers.

S.F. Chron. 11/17/07

ProblemsRegarding the Federal Bureaucracy

• Bureaucratic Bloat / Lack of Efficiency.• Horizontal and Vertical Conflict.• Bureaucrats Acting as Lawmakers.• The Influence of Special Interests.

ProblemsRegarding the Federal BureaucracyBureaucratic Management and Conflict:The ideal bureaucratic pyramid:

Horizontal = specialization (across)Vertical = authority (down) and accountability (up)

Issues Regarding the Federal Bureaucracy• Bureaucratic Management and Conflict

– Horizontal Infighting:• Conflict between overlapping agencies.– Examples:• Establishing For. Policy: State vs. Defense vs. NSC• Fighting Terrorism: Dept. Justice vs. Defense• Controlling Emissions: EPA vs. Dep. Of Trans. vs. Dep. Of Energy

New rules for Green House gases proposed by Bush might require concurrence of the EPA and Departments of Energy, Agriculture, Transportation, as well as the OMB, and Council on Environmental Quality.

Frank O’Donnell - Clear Air Watch

Issues Regarding the Federal Bureaucracy

• Bureaucratic Management and Conflict.– Vertical Infighting:

• Top ranking political appointees vs. rank and file civil service.

– Political Appointees: (about 600)• Hold top, policy making, positions.• Partisan, often not specialists.• Temporary.

– The Civil Service: (about 2.8 million)• Hold middle positions on down. (non-policy making)• Staffed by qualified professionals– civil service tests• Protected by law.

--------> bureaucratic impasse / stonewalling

Bureaucratic InfightingVertical Conflict at the EPAEPA Denial of Green House gas waiver for CA:“California failed to show the compelling and extraordinary conditions required to grant a waiver.”Stephen Johnson - EPA Administrator

However:

Staff universally endorsed it.Johnson endorsed the waiver until the WH intervened Staff protests waiver denial and leaks info to press.

Bureaucratic InfightingVertical Conflict at the EPAEasing of Air Pollution Reporting:

Rather than measuring spikes during 3 and 24 hours periods, levels would be averaged over the course of a year, allowing spikes to be discounted even though EPA scientists say they will worsen air visibility.

The EPA proposed changing the way the government measures air pollution … despite objections by EPA staff.

S.F. Chron. 5.1/16/08

Bureaucratic InfightingVertical Conflict at the EPA

When industry (or its administration backers feel persecuted), it complains to the program managers, who in turn give us an earful. Under Clinton, we were usually able to push back if we had to – we would often win the day. Yet when the Bush officials took over, my office was asked to stop enforcing air pollution laws in favor of “voluntary studies.

Eric Schaefer, and 18 year veteran

on on why he quit the EPA.

Bureaucratic InfightingVertical Conflict at the EPA

More than 1/2 of the scientists at the Environmental Protection Agency whoresponded to a survey said they have experienced political interference intheir work.

Washington Post 3/24/08

Issues Regarding the Federal Bureaucracy

• Bureaucratic Bloat / Lack of Efficiency• Management and Control• Bureaucrats as Lawmakers:– Bureaucracies write rules and regulations that carry the weight of law.

Because laws are usually general, the bureaucracies have leewayin writing up the rules regarding how they will be enforced

– Administrative law must be based on statutory law.– Yet, the power to write administrative law/rules often reshapescongressional legislation.

Example: Bureaucrats as LawmakersIn the Dept. of AgricultureStopping the Sale of Horse Meat:

Congress amended an agricultural bill to ban the use of taxpayer funds to inspect horse meat (which would stop the slaughter of horses since all meat must be inspected). But the Dept. of Agriculture, lobbied by the owners of the plants, issued new rules last month to allow the plants to pay the cost of the inspections.S.F. Chron. 4/1/06

Example: Bureaucrats as lawmakers

In the Dept. of Education

Granting Gender Equality:• Title IX - Ed. Act of 1972: Forbids discriminationbased on gender:– No one “shall, on the basis of sex, be subjected to discrimination under any education program or activity receiving Federal financial assistance.”– Agencies may issue “rules, regulations or orders …consistent with achievement of the objectives of the statute.”– Why is attempting to provide this controversial?» The issue of girl’s sports:Is equality here a fundamental right?

Example: Bureaucrats as Lawmakers

In the Dept. of Education

Granting Gender Equality:• The “three prong test” established by the Dept. of Ed (CivilRights Office). Est. 1979:#1 = show proportionate numbers#2 = show expansion of women’s programs#3 = show program accommodates interests of womenRequired multi faceted approach with the burden on school toprove its case.

• New rule for complying with prong #3 issued in 2005:Allowed prong #3 to be fulfilled by email survey.

Is this a fair way of showing compliance with Title IX?Survey methodology: non-responses

Example: Bureaucrats as Lawmakers

In the EPA

Enforcing the Clean Air Act:• The Clean Air Act of 1970:– Mandates regulation of pollutants that “may reasonably beanticipated to endanger public health or welfare.”– Allowed the EPA to establish rules concerning how and whenindustries must meet commitments.

• Is CO2 a “pollutant”?– The EPA: “The causes of global warming remain a subject ofsubstantial scientific uncertainty.” 2007(This despite reports of its own scientists.)– THE EPA: “Even if CO2 does cause global warming it is not a“pollutant” and thus is not covered by the Clean Air Act.”

Example: Bureaucrats as LawmakersIn the EPA (cont.)

• Supreme Court Ruling: March 2007– Demands that the EPA regulate CO2 under the Clean Air Act of 1970.

• Continued EPA Intransigence:– The head of the EPA said the EPA “will not be rushed into deciding whether to regulate emissions linked to global warming …. as such action needs to be examined broadly as to other impacts.” (sf chron. 3/24/08)

Bureaucrats as LawmakersIn the Dept. of Trans

Setting fuel economy standards:

To cut the deal, Democrats made one significant retreat - they dropped a provision that would have required a 4% annual increase in fuel standards from 2020 to 2030. Instead, they agreed to weaker language saying federal regulators should increase fuel efficiency each year to the “maximum feasible” level. The watered down language appeared to be a nod to President Bush, who has been seeking more flexibility to allow the Department of Transportation to set fuel-economy standards.

Bureaucrats as LawmakersIn the EPA (Again)

Regulation of Toxics:

The EPA reduced the amount of information that needs to be disclosed in Toxic Inventory Reports and by allowing many companies to use shorter forms. The EPA estimates that the changes would save industry $6 million annually, but the GAO said the change would allow 3,500 to no longer disclose information. The change came as a result of pressure from the White House OMB.

Documents

The Executive Branch and the Federal Bureaucracy College Government