UNIT 10 The Bureaucracy

1. UNIT 10The Bureaucracy The “4th Branch” of Government

2. The large and complex organization of allUNELECTED(hired & appointed) officials of the Executive branch who are charged with running the day-to-day operations of gov’t. I. WHAT EXACTLY IS THE “BUREAUCRACY” ?

3. A. Bureaucracy’s Size • Total number: 2.9 million people (30% of these work for DoD alone - 1.4 million people serve in the military but are not considered to be bureaucrats.

4. The Bureaucracy’s Size (cont) • The federal workforce composes about 2% of the total U.S. workforce. • The size of the civilian bureaucracy shrank as a % of the population from the 1970’s to 2002, but grew again under Bush Jr. (homeland security reasons) and Obama (domestic issue reasons) - 1970 U.S. population was 240 million Bureaucracy size: 2.8 million = 1.2% of population - 1990 U.S. population was 281 million Bureaucracy size: 2.4 million = .85% - 2012 population was 310 million Bureaucracy size: 2.9 million = .94% of population

5. II.Bureaucratic Administration

6. TheBureaucracy is Hierarchical A. Organized hierarchically around 15 executive departments that make up the Cabinet. Each is headed by a Secretary (DOJ has an Attorney General) who manage specific policy areas. 1. Each dept has an Assistant Secretary as well as numerous Deputy and Under Secretaries who head up major divisions within the departments. They are supported by thousands of high & mid-level managers within those divisions.

7. 2.Bureaucratic Units The bureaucracy is also composed of 50+ independent agencies and over 2,000 other administrative units based on mission or clientele served: - services(U.S. Secret Service) - offices (Office of Management and Budget) - administrations (Social Security Administration) - bureaus(Bureau of Indian Affairs; FBI) - agencies(NASA; FEMA) - boards(National Labor Relations Board) - commissions(Federal Trade Commission; ICC)

8. B.Cabinet: The Primary Bureaucracy • Allowed by the Constitution; created by Congress and expanded over time at presidents’ request. • Serves as a “sounding board” in various policy areas to advance the president’s ideological agenda.

9. C. Cabinet Composition -Members are appointed based on experience, diversity, or patronage (close friends, political donor, loyal party member) - Not all cabinet officers or other appointed bureaucrats are experts in their dep’t… they must rely on careerbureaucrats for advice and knowledge.

10. D. Bureaucrats are “turf” oriented What is “turf”? How is it applied? • Try to increase their own agency’s budget at the expense of the others. • Promote own organization’s prestige and roles by pushing high visibility programs. • Resist change and outsider interference. - Their loyalty is often split between their departments and the President! - Politicians use the bureaucracy as a “scapegoat” to assign blame for public policy failures or cost overruns (it may just be bad law).

11. Entities that are a cross between a government agency and a private business. They provide a service that could be done by the private sector, but are better left to the government to do. They are supposedly self-supporting in that they are expected to make money to run their operations from the services they provide to the public. The U.S. Postal Service is the largest one. E.Government Corporations

12. Other Government Corporations • Corporation for Public Broadcasting (CPB) • Federal Deposit Insurance Corp. (FDIC) • Tennessee Valley Authority (TVA) • Amtrak (passenger train service)

13. You idiot! Joe and Delores Delgado of Dallas, Texas wrote Vice President Al Gore about their concerns that Amtrak consolidation was wiping out the Texas Eagle (train service), in their area. Mr. Gore was very sympathetic in his reply letter…. “I share your view that the urgent problem of species extinction and the conservation of biological diversity should be addressed.” -- In the Loop, 12/6/96 Hey Al, Joe Biden called and wants you on his team right now! Bring your shotgun.

14. F.Independent Regulatory Agencies/Commissions Bureaucratic organizations that are independent of executive departments and have broad “watchdog” powers toenforce laws and punish violators within the U.S. economy or society. - Examples: EPA, SEC, FAA, FDA, FCC, OSHA 1. The president has little control over them however, Congress has more control via its oversight role and law-making.

15. Independent Agencies (cont’d) 2. In the U.S. model, the gov’t regulates privately owned enterprises, rather than operates publicly owned ones. 3. Each independent agency or commission is run by a chairman with a Board of Commissioners. - President appoints Board members and Senate confirms them. - Terms of office vary (3-14 yrs) - Terms overlap congressional and presidential terms to protect against undue influence and political firings.

16. G.The Civil Service • The Civil Service establishes the qualifications by which most career bureaucrats enter and are promoted within the bureaucracy. - Makes lists of job openings - Hires and promotes on competitive merit. - Investigates corruption,incompe-tence, and “whistle-blowing”. • Created in 1883 by the Pendleton Act to rid the gov’t from office seekers using patronage & favoritism to get jobs. - What caused this change?

17. G.TheArmedForces • The Sec’y of Defense oversees the military bureaucracy day-to-day and reports directly to POTUS as C-in-C - Top levels of military control are in the hands of civilians. • Military policy is developed jointly by the military and its civilian leaders. • Each military branch has its own civilian service secretary (e.g. Sec’y of the Navy) who reports directly to the Sec’y of Defense.

18. Each military service has a senior uniformed officer called a service chief and a Chairman who make up the Joint Chiefs of Staffwho reports to the Sec’y of Def. Army Navy Chairman Air Force Marine Corps

19. III. Law and Policy Implementation I’m just a bill, but wait until you see how I’m implemented! “I’m just a bill!”

20. A. Bureaucrats work in a conflicting environment … 1. Even though they work for the Executive branch, bureaucrats can interpret the intent of Congressional laws (discretionary authority) and write the necessary rules and regulations to put those laws into effect (implementation). • All the above is commonly referred to as:“quasi-legislative” power.

21. 3.Implementation Is Difficult • Those who are to be controlled often oppose regulation (e.g. oil companies, cigarette companies, auto manufacturers, unions) and make excuses as to why they can’t comply with regulations imposed on them. • Special interest groups try to weaken implementation by lobbying Congress. • Resulting conflict can destroy policy effectiveness through legislativeloopholes favorable to such groups(over 1,400 exemptions to OBAMACARE given to date!)

22. Independent regulatory agencies are often given the power to punish (fine, jail, or shut down) those who break the laws. Those regulated or punished can appeal to the courts for relief by suing to overturn laws or trying to limit authority of regulators. 4.”Quasi-Judicial” Powers

23. Aggressive enforcement, when supported by the President or Congress, can be effective in making the laws work by punishing violators. But, a lack of significant enforcement, or weakened requirements, will often result in non-compliance by those regulated. 5. Enforcement

24. 6.INCREMENTALISM • Bureaucrats and Congress are often forced by changing circumstances, public opinion, or politics to modify laws rather than make wholesale departures from them (e.g. Gun control; ObamaCare). • This leads to policy-making characterized by a series of decisions, each instituting modest change, bit by bit and step by step, over time.

25. President is head of bureaucracy in his role as Chief Executive. But, he often has LESS control over it than Congress does under this system of divided supervision (two masters!). Bureaucracies are permanent, presidents are temporary. Two, 4-year terms Unlimited service B. Presidential Controls

26. Presidential Controls • Appointment and promotion:President can fire most political appointees or civil service bureaucrats • Executive orders:to force compliance with policy • Exercise economic powers: alter department and agency budgets, but Congress does the actual appropriating • Reorganize the bureaucracy:creation of new agencies, deletion of old ones, combining missions (e.g. Homeland Security Dept creation required other executive departments to give up “turf”, $, and people)

28. Congressional Controls • Change jurisdictionof agencies • Alter budgetsof agencies and departments • Deny presidential appointmentsto bureaucratic posts • OVERSIGHT!Compel agencies to interpret and apply laws as Congress intended by holdinghearings, investigating bureaucratic failures, rewriting legislation.

29. Congressional Controls (cont’d) • Committee ClearanceThe ability of congressional committees to review and approve agency decisions in advance without the need to change previous laws or pass additional laws.

30. IV. A. An alliance of mid-level bureaucrats, outside interest groups, and members of congressional committees formed to promote common causes. • Goal:Create or change laws that may be seen as outdated, unfair, or prohibitive to business or government policies (client politics).

31. How to Build an Iron Triangle

32. ISSUE NETWORKS • Networks of interest groups, media outlets, academic institutions, congressional staff members, and private think tanksthat meet to advocate public policies. • Unlike iron triangles, issue networks are ideologically driven vs. interest driven.

33. V. REFORMING THE BUREACRACY

34. Privatization 1. The government outsources federal programsthrough bidding to a private company to administer those programs (e.g. running federal prisons, military food services, public housing, building security, etc). 2. Purpose: toencourage competition and job creation in the private business sector while reducing coststo the government.

35. 3.It’s controversial because… • The motivation for the private sector is PROFIT! • The bureaucracy isn’t supposed to run government services for a profit unless it’s a government corp.

36. B. DEREGULATION Reducing or ending gov’t regulations on businesses by allowing the market place to police itself as to behavior and prices. - Those in favor believe freedom in the market place is best way to achieve economic growth. - Those opposed see deregulation as a failure of government to protect consumers and society.

37. C. Hatch Act (1939) • Enacted to ensure the political neutrality of civil service employees in carrying out laws and policy. • PROHIBITED BUREAUCRATS FROM: • running for office • making political speeches • managing political campaigns • using their office to affect election outcomes • forcing subordinates to give campaign contributions

38. D. Revised Hatch Act (1993) Upheld a bureaucrat’s right to: • vote • assist in voter registration • make voluntary campaign contributions • join political parties • display partisan advertising • campaign for policy changes, laws, etc.

39. E.Other Bureaucracy Reforms 1. Government Performance and Results Act (2002): - Requires each agency to annually identify goals, adopt a performance plan, and have a system in place to measure performance in meeting its goals & objectives. - Marginally effective in creating better management techniques.

40. 2.CIVIL SERVICE REFORM ACT (1978) • Restructured the Civil Service top down • Lower management levels allowed to make and implement policy decisions • Bonuses for meritorious performances. • Easier to hire, fire and reassign people • Enacted “whistleblower” protections • Created Senior Executive Service (SES) which rotated career senior managers between agencies to bring in “new blood” with new ideas.

41. 3. National Performance Review Carried out during Clinton’s first term in 1993-95; overseen by “Mr. Global Warming”, Al Gore, Clinton’s V.P. Among Washington insiders, NPR was derisively referred to as “Reinventing Government”. Bureaucracy was seen to be too centralized, turf-oriented, and rule-bound, and not caring about program results or their effects.

42. N P R Results • Emphasized “customer satisfaction” within the bureaucratic system and rewarded employee initiative. - Eliminated many restrictive rules, practices and excessive paperwork • Less centralized management - Better purchasing practices initiated - Reduce duplication & waste among agencies - Made it easier to fire a bureaucrat • RESULT:Marginal change as bureaucrats resisted turf changes and burrowed further into their rules & regulations. WGOF!

43. 4.Reducing “Red Tape” • Red tapeis the system of complex rules and regs that must be followed to get the bureaucracy to act quickly on an issue or problem. • Often involves endless paperwork, clearances, or long drawn out procedures and decision-making that overwhelms citizens or businesses trying to get anything done with gov’t.

44. END OF UNIT 10