The Theory & Practice of Government Powers

Module 3.7: Tools of Bureaucracy

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

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

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

• 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

• 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

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

Adjudication Division

Inspectors

Administrators

Ombudsman

Review Board