8.2 Executive Agencies and the Federal Bureaucracy

The executive branch relies on a vast network of agencies to implement policies and regulate industries. Cabinet departments, independent agencies, and regulatory bodies work together to carry out the president's agenda and enforce federal laws.

The federal bureaucracy, governed by civil service rules, employs millions of workers who handle day-to-day government operations. These agencies create regulations, implement policies, and exercise discretion in applying laws, shaping how government impacts citizens' lives.

Executive Agencies

Cabinet Departments and Independent Agencies

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• Cabinet departments consist of 15 major executive agencies headed by secretaries
  • Established by Congress to advise the president and implement policies
  • Include departments like State, Defense, Treasury, and Justice
• Independent agencies operate outside the cabinet structure
  • Perform specialized functions not tied to a specific cabinet department
  • Examples include NASA, CIA, and EPA
• Both types receive funding through congressional appropriations
• Agency heads appointed by the president and confirmed by the Senate

Regulatory Agencies and Their Functions

• Regulatory agencies create and enforce rules for specific industries or activities
  • Established by Congress to protect public interest and ensure fair practices
  • Possess quasi-legislative and quasi-judicial powers
• Key regulatory bodies include FCC, SEC, and FDA
• Issue regulations that carry the force of law
• Conduct investigations and impose fines or penalties for violations
• Often face criticism for potential regulatory capture by industries they oversee

Executive Office of the President

• Provides direct support and advice to the president
• Consists of several key offices and councils
  • Office of Management and Budget (OMB) prepares federal budget and oversees agency performance
  • National Security Council (NSC) advises on foreign policy and national security matters
  • Council of Economic Advisers analyzes economic trends and policies
• Staff members serve at the pleasure of the president without Senate confirmation
• Plays crucial role in policy formulation and implementation across executive branch

Federal Bureaucracy

Civil Service System and Merit-Based Employment

• Established by the Pendleton Civil Service Reform Act of 1883
• Replaced the spoils system with merit-based hiring and promotion
  • Aimed to reduce corruption and increase efficiency in government
• Competitive examinations used for most federal job applications
• Provides job security and protections for federal employees
  • Includes due process rights for termination and disciplinary actions
• Office of Personnel Management (OPM) oversees federal workforce policies

Administrative Law and Rulemaking Process

• Administrative law governs the operations of executive agencies
• Agencies create rules and regulations through a formal process
  • Notice of Proposed Rulemaking (NPRM) published in Federal Register
  • Public comment period allows stakeholders to provide input
  • Final rule issued after consideration of comments
• Administrative Procedure Act (APA) of 1946 sets standards for agency actions
  • Ensures transparency and accountability in bureaucratic decision-making
• Courts can review agency decisions for compliance with statutory authority

Bureaucratic Discretion and Policy Implementation

• Agencies possess significant discretion in interpreting and applying laws
• Street-level bureaucrats make day-to-day decisions affecting policy outcomes
  • Examples include police officers, social workers, and immigration officials
• Discretion allows for flexibility in addressing unique situations
• Can lead to policy drift or uneven implementation across jurisdictions
• Oversight mechanisms include:
  • Congressional committees monitoring agency activities
  • Presidential directives and executive orders
  • Judicial review of agency actions for arbitrariness or abuse of discretion