The Bureaucracy
Analyze bureaucratic discretion, rulemaking, implementation, oversight, iron triangles, issue networks, and accountability.
A lesson of AP United States Government and Politics, in Branches and Bureaucracy, about 10 minutes.
The Federal Bureaucracy
By the end of this lesson, you will be able to describe the structure of the federal bureaucracy, explain how it makes policy through rulemaking, and analyze the principal-agent problem and bureaucratic accountability.
What Is the Bureaucracy?
The federal bureaucracy consists of the departments, agencies, and regulatory bodies that implement and administer federal law. Together, they employ about 2.7 million civilian workers.
The bureaucracy is the "fourth branch" — it has enormous power to make policy through implementation, even though it is not mentioned in the Constitution. Congress passes broad legislation; agencies fill in the details through rulemaking.
Types of Federal Organizations
Cabinet departments (15): the largest departments, each headed by a Secretary appointed by the President.
- Department of Defense, State, Treasury, Justice, Education, Energy, etc.
- Secretaries sit in the President's Cabinet and serve at the President's pleasure
Independent agencies: created by Congress outside the Cabinet; may have more independence from the President.
- NASA, EPA, SEC, FTC, Social Security Administration
- Some headed by a single administrator (EPA); others by multi-member commissions (FEC, FCC)
Independent regulatory commissions: designed to be insulated from presidential control; members serve fixed terms and can only be removed for cause.
- Federal Reserve Board, SEC, FCC, NLRB, FTC
- "Fourth branch" concern: highly powerful, somewhat insulated from democratic control
Government corporations: hybrid government-business entities.
- Amtrak, USPS, FDIC, Fannie Mae
How the Bureaucracy Makes Policy
Implementation: translating legislation into real-world action. Congress passes laws; agencies implement them.
Rulemaking (administrative process):
- Congress passes enabling legislation authorizing an agency to regulate in a broad area
- The agency proposes a rule and publishes it in the Federal Register (public comment period — 30-60 days)
- After considering comments, the agency publishes the final rule
- The rule has the force of law
Example: Congress passes the Clean Air Act, broadly requiring the EPA to regulate air pollutants. The EPA then determines specific standards for ozone, particulate matter, etc. through rulemaking. Congress didn't set those numbers — the EPA did.