1. The Theory & Practice of Government Powers Module 3.7: Tools of Bureaucracy

2. Tools of Bureaucracy Functional tools Regulation Administration Adjudication Procedural tools Standard Operating Procedures Scientific Public Policy Process Cost/benefit analysis Risk assessment Impact statements Performance reviews Administrative discretion Political tools Agency Staff Lobbyists Administrative discretion Structural tools Enabling legislation Chain of command Departmental specialization Budgets Discretionary funds

3. Functional Tools Regulation –Use of Executive Power Law Administrative action Police action Rule-making and inspection –To compel or restrain action Administration –Appointment of officers to positions –Assignment of tasks to specific agents or agencies –Executive orders direct agencies to act or not act according to a particular interpretation of law or policy Adjudication –Dispute resolution between regulators and regulated parties –Appeals of administrative or regulatory actions

4. Political Tools Agency Staff –Tactical use of staff based on a variety of factors Experience Profile Access –Formal & informal networks Lobbyists –Petition on behalf of agencies to maintain or expand authority, staff, budget or influence Administrative discretion –Power to interpret applicable laws, regulations and administrative decisions –Decision to suspend or adjust interpretation to meet a policy objective or produce an outcome

5. Enabling legislation –Agencies cannot act unless authorized by law to do so Chain of Command –Agencies are generally structured hierarchically in a formal accountability structure Departmental Specialization –Agencies are defined by the area of policy they regulate or administer Budgets –All agency action carries a cost; budgets generally itemized by action or range of actions Discretionary funds –Funds allocated to an agency without defining a specific task –Budgets vary directly with the discretionary power of the agency Structural Tools

6. Standard Operating Procedures –Predefined policies and procedures determining “normal operation” Scientific Public Policy Process –Cost/benefit analysis –Risk assessment –Impact statements –Performance reviews Administrative discretion –Power to interpret applicable laws, regulations and administrative decisions –Decision to suspend or adjust interpretation to meet a policy objective or produce an outcome Procedural Tools

7. The Problem: Congress establishes administrative & regulatory agencies through enabling acts Enabling acts often vague in construction Bureaucracies enjoy a high degree of autonomy from both Congress and the Presidency due to enabling acts and the Civil Service system Congressmen face electoral pressure; bureaucrats don’t Congress is structurally representative; bureaucracies aren’t Regulatory Board Enforcement Division Inspectors Administrators Adjudication Division Ombudsman Review Board