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The Bureaucracy

The Bureaucracy and Policymaking

Becoming a Bureaucrat

The Bureaucracy and Policymaking, page 2

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Bureaucrats put government policy into practice, and therefore the federal bureaucracy has a large impact on policymaking. In order to get their policies passed, the president and Congress must work with the bureaucracy. Controlling the bureaucracy can be difficult for the following reasons:

  • Size: The president cannot monitor everyone or even every group within the bureaucracy, so much of what bureaucrats do goes unmonitored.
  • Expertise of bureaucrats: The people who administer policy often know much more about those issues than the president or members of Congress. This expertise gives the bureaucrats power.
  • Civil service laws: Firing bureaucrats, even for incompetence, is very difficult.
  • Clientele groups: Many federal agencies provide services to thousands of people, and those people sometimes rally to defend the agency.
  • Policy implementation: When Congress creates a new program, it does not establish all the details on how the policy will be implemented. Instead, Congress passes enabling legislation, which grants power to an agency to work out the specifics. Although the agency must stay within some bounds, it has a great deal of latitude in determining how to carry out the wishes of Congress.

Rule-making

The federal bureaucracy makes rules that affect how programs operate, and these rules must be obeyed, just as if they were laws. The rule-making process for government agencies occurs in stages. After Congress passes new regulatory laws, the agency charged with implementing the law proposes a series of rules, which are published in the Federal Register. Interested parties can comment on the rules, either at public hearings or by submitting documents to the agency. After the agency publishes the final regulations, it must wait sixty days before enforcing those rules. During that time, Congress can review and change the rules if it desires. If Congress makes no changes, the rules go into effect at the end of sixty days.

Federal regulations affect many groups of people, who have often challenged those regulations in court. Because litigation is a slow and expensive way to change regulations, Congress passed the Negotiated Rulemaking Act of 1990 to limit the need for litigation by opening the rulemaking process to those affected by it. The act encouraged federal agencies to engage in negotiated rule-making. If an agency agrees to the proposed regulations, for example, it publishes the proposals in the Federal Register and then participates in a negotiating committee overseen by a third party. Agreements reached by the committee are then open to the normal public review process. Parties to negotiated rule-making agree not to sue over the rules.

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