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Date Created: 07/10/14
The Executive Branch and the Federal Bureaucracy The Fourth Branch of Government Federal Bureaucracy A set of complex hierarchal departments agencies commissions and their staffs that exist to help a chief executive officer carry out his duties Bureaucracies can be private organizations or government units Implement and administer federal laws and programs Congress makes the laws Bureaucrats in the executive branch enforce and implement them Agencies have a special expertise in defined policy areas Spoils system 0 An executive s ability to fire public office holders and replace them with party loyalists Patronage 0 Jobs grants or other special favors that are given as rewards to friends and political allies for their support Civil Service Reform Act in 1883 Pendeton Act 0 Reform measure that created the Civil Service Commission to administer a partial merit system 0 Classified the federal service by grades to which appointments were made based on the results of a competitive examination o Made it illegal for federal political appointees to be required to contribute to a particular political party Civil Service System 0 The legal system by which many federal bureaucrats are selected Merit System 0 The system by which federal civil service jobs are classified into grades or levels and appointments are made on the basis of performance on competitive examinations Independent Regulatory Commission 0 An agency created by Congress that is generally concerned with a specific aspect of the economy o Interstate Commerce Commission Became the first Created by Congress to be independent of direct Presidential authority 0 Commission members are appointed by the President and have fixed terms but are NOT removable by the President 0 Creation of the ICC marked a shift of the Bureaucracy form service to regulation Department of Commerce and Labor 1901 o TR wanted it so it could oversee employer employee relations 0 Wilson divided it in two 0 Federal Trade Commission Protect small businesses 16quot Amendment 0 Authority to implement a federal income tax o Provided a huge infusion of funds to support new federal agencies services and programs Government Involvement GI Bill 0 Provided college loans for veterans o Reduced mortgage rates for veterans Equal Employment Opportunity Commission 1965 0 Created by the Civil Rights Act of 1964 Bureaucrats 0 Career government employees who work in the executive branch in the Cabinet eve departments and independent agencies General Schedule o Federal employees advance within fifteen GS grades as well as steps within those grades moving into higher GS levels and salaries 10 of the federal workforce is no t covered by the Civil Service System o Appointive policvmakinq positions 3000 presidential appointees Responsible for appointing highlevel policymaking assistants who form top of Bureaucratic hierarchy Schedule C appointees Bush increased by 24 mill 0 Independent Requlatorv Commissioners Appointed by the President up to 100 appointees Independent of direct Presidential influence o Lowlevel Nonpolicy Patronaqe Positions Secretarial assistants to policy makers Agencies have regional offices Decentralization of Bureaucracy allows for access to the public Executive branch departments are headed by Cabinet members called Secretaries 0 Secretary of State etc 0 Except for the Department of Justice which is headed by the Attorney General Clientele Agencies 0 Particularly subject to outside lobbying from organized interests in Washington DC 0 Active at the regional level where they devote a substantial part of their resources to program implementation Government Corporations o Business established by Congress to perform functions that can be provided by private businessmen o Formed when government chooses to engage in commercial activities that produce revenue 0 Require greater flexibility than Congress usually gives AMTRAK Federal Deposit Insurance Corporation o Charge for their services unlike government agencies o Tennessee Valley Authority TVA provides electricity at reduced rates in a low income area Financial incentive for private industry to provide service is low so Congress thinks it must act OR government steps in to salvage valuable public assets Independent Executive Aqencies o Governmental units that closely resemble a Cabinet department but have narrower areas of responsibility and are not part of any Cabinet department o In example CIA Independent Requlatorv Commissions 0 Agencies created by Congress to exist outside the major departments to regulate a specific economic interest o In example Nation Labor Relations Board Federal Reserve Board Federal Communications Commission and SEC o Generally oversee a certain industry o Free from partisan political pressure o Board of 5 or 7 members who are selected by the President and confirmed by the Senate Hatch Act of 1939 Political Activities Act o Prohibited civil servants from taking activist roles in partisan campaigns 0 Prohibited federal employees from making political contributions working for a particular party or campaigning for a particular candidate Federal Employees Political Activities Act of 1993 o Liberalization of the Hatch Act 0 Federal employees are now allowed to run for office in nonpartisan elections and can now contribute money to campaigns in partisan elections and campaign for or against candidates Implementation 0 The process by which a law or policy is put into operation by the Bureaucracy Iron Triangle o The relatively stable relationships and patterns of interactions that occur among agencies interest groups and congressional committees Issue Networks 0 The loose and informal relationships that exist among a large number of actors who work in broad policy areas 0 Constantly changing as members with technical expertise or newly interested parties become involved in issue areas lnteraqencv Councils o Working groups created to facilitate coordination of policy making and implementation across a host of governmental agencies Policy Coordination Committees PCC s 0 To facilitate interaction among agencies at the subCabinet level Administrative Discretion o The ability of Bureaucrats to make choices concerning the best way to implement congressional intentions o Allows decision makers leeway 0 Exercised through rule making and administrative adjudication Rule Making 0 A quasi legislative administrative process that has the characteristics of a legislative act 0 Bureaucratic rule makers act as law makers and law enforcers Regulations 0 Rules that govern the operation of a particular government program that have the force of law Administrative Procedures Act of 1946 0 Established rule making procedures Public notice of time place and nature of rule making proceedings must be provided in the Federal Register Interested parties must be given the opportunity to submit written arguments and facts relevant to the rule The statutory purpose and basis of the rule must be stated 0 Once written there is 30 days until the Act takes effect Administrative Adiudication o A quasi judicial process in which a Bureaucratic agency settles disputes between two parties in a manner similar to the way courts solve disputes 0 Quasijudicial because law making by anyone other than Congress and adjudication by any body other than the judiciary violates the Constitution 0 Judges employed by the agencies are strictly independent and only removed only if it is an extreme situation IRS 1997 0 Agency became so removed from public so Congress had to step in and hold hearings Executive Orders 0 Rules or regulations issued by the president have the effect of law o They must be put in the Federal Register Police Patrol o Proactive allows Congress to set its own agenda for programs or agencies to review Fire Alarm Oversiqht o Reactive involves a Congressional response to a complaint filed by a constituent or politically significant actor Funds o Appropriations originate with the House Appropriations Committee Government Accountability Office o Oversee Bureaucracy s finances and how policies are implemented
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