THE FEDERAL BUREACRACY Examining the “Fourth Branch”

What is the federal bureaucracy?

Bureaucracy Bureau is French for “small desk”. Bureaucracy literally means “government of small desks”. Large, complex organization of appointed, not elected, officials. Max Weber (20th century German economist) ~ bureaucracy is the rational way to run a government.

Who are bureaucrats? 1 out of 100 Americans work for the government bureaucracy 4 million employees; 2.8 million are civilians or “civil servants” President only appoints 3% (patronage or political appointments) 15 cabinet level departments 97% are career government employees, 30% work for the D.O.D. Most are white collar workers: secretaries, clerks, lawyers, inspectors & engineers 200+ independent agencies with 2,000+ bureaus, divisions, branches, etc. Biggest - Dept. of Defense, U.S. Postal Service, Veterans Administration Examples Amtrak Interstate Commerce Commission Federal Trade Commission Securities and Exchange Commission National Aeronautics and Space Administration

Characteristics of a Bureaucracy Hierarchical authority structure – chain of command Task specialization – individuals have unique jobs, division of labor Extensive rules – clear policies for the organization to follow Clear goals – clearly defined mission

Functions of the Federal Bureaucracy Implementation - carry out laws of Congress, executive orders of the President Administration - routine administrative work; provide services (ex: SSA sends social security checks to beneficiaries) Regulation - issue rules and regulations that impact the public (ex: EPA sets clean air standards) Munn v. Illinois (1877) – SC upheld that government had the right to regulate business rates and services

Organization of the Federal Bureaucracy President Congress Executive Office of the President (Ex: OMB) Cabinet Departments (Ex: State, Defense) Independent Executive Agencies (Ex: CIA, NASA) Independent Regulatory Commissions (Ex: FCC, SEC) Government Corporations (Ex: Amtrack, Postal Service)

Organization of the Federal Bureaucracy

The Cabinet Departments The 15 cabinet departments are headed by a cabinet secretary appointed by the president and approved by the Senate. Each department is the “expert” in specific policy area. Each department has its own budget that is approved by Congress each year. The Department of Homeland Security (2002) is newest department.

Department of Homeland Security Executive Secretary Commandant of Coast Guard (1) Legislative Affairs Secretary ---------------------------------- Deputy Secretary Inspector General Public Affairs General Counsel State and Local Coordination Civil Rights and Civil Liberties Citizenship & Immigration Service Ombudsman (1) Director, Bureau of Citizenship & Immigration Services (1) Special Assistant to the Secretary (private sector) Director of the Secret Service (1) National Capital Region Coordination Small & Disadvantaged Business Privacy Officer Chief of Staff International Affairs Shared Services Counter Narcotics Under Secretary Management Under Secretary Science and Technology Under Secretary Information Analysis and Infrastructure Protection Under Secretary Border & Transportation Security Under Secretary Emergency Preparedness and Response

Independent Executive Agencies Established by Congress with separate status outside the executive branch Given a specific mandate and generally perform a service function, not a regulatory one. Some examples include: Social Security Administration, CIA, NASA, EPA.

Independent Regulatory Commissions IRC’s exist to regulate a specific economic activity or interest such as the Federal Communications Commission or Federal Reserve Board. IRC’s operate independently from Congress and the President. Once appointed and seated, members cannot be removed without cause.

Government Corporations Government owned businesses created by Congress. May or may not be profitable, but serve a public need. Ex: U.S. Postal Service, Amtrak, Corporation for Public Broadcasting, Fannie Mae, Freddie Mac

Where do Federal Employees Work?

Who supervises the federal bureaucracy?

Accountability Bureaucracy is constrained and controlled by the US government Congress Appropriates money, authorizes the spending of money, oversees agency activity, create/abolish agencies. President Job appointments, executive orders, budget control, reorganize agencies. Supreme Court Judicial review of bureaucracies actions, due process.

Controlling the Bureaucracy Patronage - Rewarding supporters with jobs Pendleton Act (1883) Created in response to criticism of patronage, more jobs will be selected based on merit Hatch Act (1939) Agency employees can’t participate in political activities (elections, campaigns, fund raisers, etc.) Softened in recent decades, 1st Amendment issues

Public Perceptions and Criticism of Bureaucracies “Red tape” – maze of government rules, regulations, and paperwork that makes government overwhelming to citizens Conflict – agencies that often work toward opposite goals Duplication – agencies appear to do the same thing Unchecked growth – agencies expand unnecessarily at high costs Waste – spending more than necessary Lack of accountability – difficult in firing an incompetent bureaucrat

The Damages of the Bureaucracy

Iron Triangles A three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests. CONGRESS

How does it work? Everyone in the triangle has a similar interest. Legislators get funding from interest groups and make laws reality with the help of the bureaucracy Interest groups provide valued information to bureaucrats and money to legislators Bureau chiefs implement legislator policy and interest group goals.

Example – Why is tobacco not illegal? House and Senate agricultural subcommittees Tobacco lobby Department of Agriculture House and Senate representatives, sympathetic to tobacco, receive campaign funds and support from tobacco by interest groups, and the representatives make sure that tobacco farmers are defended through legislation. DOA agency executes the legislation while relying on the Congressional budget. The interest groups provide the DOA with valuable information to effectively execute laws.