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68 Cards in this Set
- Front
- Back
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The 7 Purposes for Congressional Oversight |
1) Assurance that administrators follow intent of congress (doing what you're told)
2) Investigation of instances of fraud, waste, and abuse (look for efficiencies) 3) Collection of information (evaluate the data and figure out if you need to change the progam) 4) Evaluation of program effectiveness 5) Protection of congressional prerogatives (protecting their own powers) 6) Personal Advocacy 7) Reversal of unpopular actions (because congress applies leverage; can cut agencies budget) |
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4 Factors that make an interest group strong |
1. The size of group's membership - the number of people might matter, the individual might matter. CIA Director vs. Joe the Plumber. Individuals in high-profile positions have more sway. Large number of people equals more voters, and more people who pay dues. 2. The organization's leadership - the access they can provide, such as the committee of the house. The better the access, the better the position the organization has to exercise their influence law makers and regulators 3. The organization's financial resources - they can send glossy advertisements, hire lobbyists 4. The organization's cohesiveness - the unity within |
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Who are the regulators? |
An elite corps of bureaucrats who constitute their own power center in Washington; technical specialists, public policy experts, lawyers, long time career federal employees, political appointees who are responsible for billions of dollars in regulatory expenditures annually. *They have the power to enforce rules as well as to create them. - Regulate: informally by giving notice, taking comment, deciding formally by using legal procedures such as hearings - Issue settlements, hand out benefits and licenses, inspect and ban products, supervise recalls, monitor ongoing business practices, render advisory opinions, award grants and contracts, give guidance, sanction rule breakers, and adjudicate disputes FDA - Food and Drug administration FAA - Federal Avation Administration EPA - U.S. Environmental Protection Agency FCC - Federal Communications Commission |
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Who really knows the regulators? |
Lobbyists, consultants, contractors, and corporate government reps. The president appoints these unelected officials based on their expertise and qualifications, and sometimes through influence and the Senate approves. Anonymous to the public |
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How are the Bureaucrats checked? |
By congress who control the budget. White house controls review of rules, and to some extent the people who may call for action.
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What are direct strategies? |
1. Hiring lobbyists - they can do one on one meeting, attend hearings, attend fundraisers 2. Organization leaders - can directly try to influence lawmakers and legislative staff instead of hiring a lobbyist |
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What are indirect strategies? |
1. Mass letter writing 2. Million man marches 3. Calling the U.S. Capital in mass 4. Lobby days 5. Political Contributions/activism 6. Ads in magazines and TV |
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What is a latent interests? |
Your interests will have political purpose in the future |
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What are material incentives? |
Free gifts or rewards for joining an organization |
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What sweeping reforms? |
Large overarching changes to government or government policy. ex. Obamacare or the no child left behind act |
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How is congress an interest? |
They have an interest to fulfill desires to constituents |
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What is the case of wine labels |
Strong Thurman's daughter died because of a drunk driver. Senator who increase taxes on wine. Alcohol Tobacco and Fiream |
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What are solidarity incentives |
Reasons having to do with desire to be with others who share hobbies or interests |
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Cost benefit analysis |
Idea that rules and regulations that government agencies enact should be cost effective Problematic because its difficult to quantify cost and benefit of things. ex. how many people can be saved if we require smog checks every year |
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Regulatory right to know act |
Mandates the OMB to do an annual analysis on the cost and benefits of federal regulatons for the previous year |
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Card Memo |
Provided for a 60 day delay in the effective date of rules. So that the new administration could review the new rules prior to their taking effect |
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What is the effect of regulation on business? |
Costs money and time Influences what businesses produce and what is available to customers Determine if you have large or small precence lobbying in Washington |
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What is the Federal Register? |
The official journal of the U.S. federal government that contains most routine publications and public notices of government agencies. It was created in the Federal Register Act of 1935 and was further enlarged and amended by the administrative procedure act of 1948 |
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What role does the Federal Register play in regulation? |
It promotes awareness and transparency of what is being done, thus, encouraging public participation.
Interest groups look at the register religiously in order to keep track of different rules that passed that may affect them. Critics of regulation use the register as a way to show that regulation has become too overburdening and complicated for any small business or person to keep track of and follow because the book has increased in pages dramatically Some companies hire experts on the federal register so they can get updates on purposed rules. |
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Growth of the Bureaucracy |
Begins with 3 departments:
2.9 million employees, 1.4 million military, 16% of all jobs in the US economy are government employees. The bureaucracy is an ongoing expansion and it will only get bigger Created after Franklin D. Roosevelt's New Deal |
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What is a major rule? |
It has an impact of over 100 million dollars and it requires the cost benefit analysis |
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Regulator Restraints: Issues of Accountability |
- Regulators are professionals - are constrained in that they don't always get what they want - we need to find the balance of checking and efficiency -are accountable to congress, executive, etc. |
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The case of the Puny Prunes |
1. Prune workers working with the department of agriculture to issue marketing orders 2. This allows appointment of boards to decide industry standards, issue of quality, marketing campaigns etc. 3. Prune board was deciding to eliminate puny prunes 4. They decided to reduce supply of prunes by feeding the undersized prunes to livestock animals 5. End up with large prunes at a higher price per prune 6. Cost not felt by consumer (minimal) but positive effect felt by prune industry |
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The Case of Ergonomic Rules |
1. Aimed to prevent work-related musculoskeletal disorders. Science of fitting the employee to the work environment 2. Covered the heights of tables and chairs, angles of televisions, and the amount of weight an employee is able to lift 3. Mini Program designed to help those in the industry of manufacturing or labor intensive jobs. Designed to get management and employees involved in identifying the symptoms of musculoskeletal disorders and hazard identification 4. Full-Program consisted of all aspects of the mini-program plus more. |
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Repealing the Ergonomics Rule |
S.J. Res 6: Killing the Ergonomics Rule Congress, through the congressional review act, moved forward to repeal the Ergonomics rule. Bush signed the repeal into law. This was a win for small businesses and industry |
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Who makes the rules, and how much power do they have? |
Regulators make the rules. They have the power based on the rule and its significance. |
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The case of the Chief Tea Inspector |
1897 Import Tea Act established the need for chief federal tea taster. Wasted Spending, matter of tradition and the regulation is terminated when the person dies. No need to renew this regulation 1. Robert H. Dick spent more than fifty years tasting tea for the federal government 2. Role was to inspect/taste imported tea to make sure of its quality. 3. Received a salary of over six figures 4. Had 5 part time tea tasters. When he retired, they got rid of the position as well as the experts. 5. Faith Lim was his assistant |
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The case of the Federal Hazardous Substances Act and Jarts |
Background on act: A hazardous substance or mixture is toxic, irritant, combustible, generates pressure, if any of the substances cause injury or irritation to someone during handling or use. A jart is a toy...aka lawn dart - 1971 Case of Jarts vs. Richardson - 1970 Deputy Commissioner of FDA, under the direction of the secretary of health, education, and welfare in accordance of the child safety act of 1969 implemented rules for the transportation/selling of hazardous materials/substances in toys. - Kids were hurting themselves even though it was an adult game |
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Case of Low Flow Toilets |
1. Energy policy and conservation act of 1992 mandated low flow toilets to create a national standard for toilets; people generally don't like them. 2. Plumbing institute lobbied for a federal standard so they didn't have to make 50 different types for each state |
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Case of Wine Labeling |
1. question of whether wine was good for people, it can be heart healthy but did they want to put that on the bottle, is it sending the wrong or right message?
2. Senator Thurmond (R S.C.) says it is irresponsible, poor public policy to put any positive message on the bottle/label of an alcoholic beverage. 3. He introduced bills that would stripped the Bureau of Alcohol’s (ATF) authority to label wine, restricted ability to increase taxes on wine industry and directional labeling. (pg 128-129) |
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Who are Regulators? |
Tech. specialists, lawyers, public policy experts, longtime federal employees, and political appointees. Some are highly qualified while others have no particular qualifications other than political connections or a desire to serve in a public capacity |
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Who really knows the Regulators? |
Lobbyists, consultants, contractors, and corporate government reps. who are as specialized as they are |
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Who checks the Bureaucrats? |
Congress, who controls the budget White house that controls review of rules, and to some extent the people who may call for action Interest groups can also hire lobbyists and the courts |
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How democratic is it? |
Participation: 1. People/interest groups have the freedom/rights to vote and attend hearings 2. Equal capacity for through financial resources; information; access Accountability: 1. Bureaucracy responsible for the elected congress and president through checks and balances 2. Congress or the president responsible for people because of elections; and campaign contributions |
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Guidelines or Rules for Regulators |
Administrative Procedures Act of 1946. Became legal template for agency procedures.Basically the new law laid out the core elements of rule making: information or publicnotice about the fact that a rule is under way and when it becomes final,publicparticipation through through written comments or other forms of communication, andaccountability in the form of judicial review of rules. |
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Ann Brown vs. Mary Shelia Gall as Head of Consumer Product Safety Commission (CPSC) |
- Both nominated to be head of consumers commission - Bush nominated Sheilia to take Clinton's appointees place Brown - Brown was an active - Shelia Gall = Relaxed - There was a problem with bath rings, and the hazard it could cause to babies Gall was disinterested and wishy-washy so she did not get the position. |
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Eugene Scalia as Solicitor of the Department of Labor |
- Scalia was nominated by G.W. Bush
- Dad was Antonin Scalia= Supreme court justice - Opposed ergonomics rule and was Assumed to be a conservative just like his dad - There was a concern that a conservative being a top lawyer dealing with labor issues might not seem to protect who would be impacted by labor law. - Became a controversial issue - Won vote, but never got formally confirmed. Ended up getting appointed by Bush during congressional break |
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Arthur Levitt vs. Harvey Pitt at the Securities and Exchange Commission |
1. Arthur Levitt appointed by Bill Clinton, moderate democrat- worked at stock exchange
2. Harvey Pitt, appointed by G. W Bush, republican, big spending- worked as lawyer 3. Arthur had an active approach, in regulations did not follow the rules he would want to investigate 4. Pitt used more of a relaxed method, you come forward and come to report you did something wrong 5. Pitt proposed that company or corporation would be able to regulate themselves. - example of how people who are placed into certain positions bring their backgrounds with them |
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Appointee Backgrounds |
Different perspectives can lead to different results |
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Do appointees/appointments matter? |
Appointees matter because they have a lot of power as regulators their backgrounds matter theymight support corporate interests, public interests they might believe in regulation or free marketsetc this relates to the stories behind some of the individuals on your review sheet Brown, Gall,Pitt, Levitt etc
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What is an interest? |
An organized group of individuals sharing common objectives who actively attempt to influence policy makers in all three branches of government and in all levels
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Why join an Interest Group? |
• Latent Interests: a concern shared by a group of people on which they have not yet chosen to act collectively, (undisclosed, unfound interests - they have no political interest yet)
• “The Free Rider Problem.”: Problem in getting people to join them, when people can benefit from the organization’s activities without joining/participating Ex. Howard Jarvis Taxpayer association 1978 property tax overhaul – fight taxes in CA .. they fight higher taxes, whether or not I ever join and I pay/give them support, they will still fight and if they succeed I reap the benefits as well • Solidarity Incentives: Reasons or motives having to do with the desire to associate with others who share an interests/hobby. • Material Incentives: the free gifts you get for joining. Ex. Triple A roadside assistance. Discounts with hotels, car rentals. • Purposive Incentives: Reasons for supporting an organization because you agree with their goals and what they are going to do. You might be a gun enthusiast so you join the NRA. |
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What can interest groups do? |
● organize individuals with similar interests
● inform the public and elected officials ● organize electoral competition ● organize government ● link the state and local political system to the national political system |
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How do interest groups choose inside or outside strategies? |
· More people → Grassroot strategies
· More money → can hire a lobbyist · If you have money you Might also be able to pursue grassroot strategies · Money+ a lot of people → might pursue both a grassroots strategy and hire a lobbyist · More leadership/Access → Direct Strategy (if you have good access take the direct approach) · Less leadership/less Access → options are Unclear as to which approach (no money for lobbyist or ppl to pursue grassroot approaches) · More cohesive+people – a lot people working towards the same goal - grassroots strategies · Less money+few people → options become limited (you can’t afford to hire lobbyist, you don’t have access or know someone who can give you the access you don’t have 2000 ppl, your options are limited)-you start to see money matters. You can get your voice heard, money behind the interest. |
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The Case of Ergonomic Standards |
Ergonomic standards deals with employee workplace – science of fitting the worker to the physical demands of the job
Dealt with Back injuries, carpal tunnel, lifting pulling, pushing. Why is the rule worthy of examination when it comes to regulating? Because of the cost. Because of 4.5 billion and 100 billion, this isn’t congress this is an Agency that is costing us a 10th of a trillion, that is impacting American business that was 10 years in the making. It was a GHW Bush and Clinton Era rule. Rather than getting the courts to strike down the rule, the business community and Bush administration lobbied congress because they passed the Congressional review act which allowed congress to review and overturn the final rules that government agencies had created. What diff between Clinton and Bush, bush did not support rule and Clinton admin did. After 2000 election GW Bush, republican president and republican congress, since he was pro-business, there was no reason for him not to repeal the rule. |
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Defeating the Ergonomic Standards Rule |
In order to defeat the rule there was a Combination of Washington lobbyist, money from corporate interest, business interest, US chamber involved all trying to defeat the rule. However, organized labor supported the rule. No middle ground involved. Lots of interest orgs involved.
If you tried to defeat the rule at agency level, didn’t happen. But at congress level, election is what made the difference |
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The Case of General Electric vs. EPA |
GE had left a lot of pollution in the river and so they were ordered to dredge the river. However they tried to inform the public and influence public opinion to allow them not too because dredging the river would cause all the pollution to rise to the surface.
They did not win the case the government later found that it was not solely GE that was producing the pollution and they ended up having to spend a lot of money fixing the river |
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How is Congress an Interest? |
1. Role of lawmaking and oversight from Congress.
- They also deal with constituents’ representation. - Apply pressure to gov’t agencies. 2. Congress can hold hearings, review budget, have 1 on 1 meetings. 3. If Congress wanted to get involved in an issue, they will find a way to get in on that issue. a. Subpoena under oath |
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Sweeping Reform |
large overarching changes in government or government policy e.i. health care aka Obamacare |
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Incremental Reform |
done in stages, not all at once. Progressive change. Changeincrementally. If you’re going to change things, what do you change? Fewer regulators? Fewerrules?
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The Congressional Review Act as a reform tool |
o Congress had a mechanism for reviewing regulatory agency actions and this is the Congressional Review Act its part of the ( Small Business Regulatory Enforcement Fairness Act of 1996 )
o Act Allows congress to review the actions, the rulemaking actions of regulatory agencies. Congress can review the final rules, and eliminate them entirely with a vote of the Congress. o Congress votes to create a law, agency interpret implement and enforce the laws by creating rules, and if Congress doesn’t like the rule the agency creates, this act allows Congress to review and check the agency. This allows the elected officials in Congress to check the unelected appointed bureaucrats/regulators. It’s a democratic check.o Simple majority of the House, The Senate to revoke a rule, and willing president to sign bill. 50+1. If President vetoes then 2/3 o Then the Regulatory agency is not allowed to create similar rule without formal approval of Congress o Congress has 60 days to review an agency’s action; then a bill gets introduced by a member and if it gets majority and presidential signature, it would not take effect. This Act serves as a Tool for agency accountability to Congress. o Doesn’t mean Congress will or could use the act, just the fact that the act exists, it may be enough to keep the agencies in check |
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The Office of Information and Regulatory Analysis |
Branch or Part of the OMB that reviews rules and judges their worthiness |
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"The Power of OIRA." |
reviews rulesOIRA reviews draft regulations under Executive Order 12866 and develops and oversees the 9 implementation of governmentwide policies in the areas of information technology, informationpolicy, privacy, and statistical policy.
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John D. Graham |
- Appointed as the head of the Office of Information and Regulatory Affairs (part of the OMB)
- Pro business, former head of Harvard’s center for risk analysis, questionable donations from Kraft and Phillip morris - His background was a concern; Senators had concerns about him because he was supported by corporate sponsors and questions arose about whether regulation of those sponsor 7s would be the same - Bush appointee to OIRA in 2001, big proponent of cost benefit analysis - Wanted NHTSA to require indirect brake-system tire pressure sensors after the Firestone problems |
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Elaine Chao |
- Bush administration’s new secretary of the department of labor
- sent a letter to senators to persuade them to vote against the ergonomics rule - pledged other action to combat ergonomic injuries - “will seek more comprehensive approach to ergonomics, which may include new rulemaking" - Instrumental of the scrapping of ergonomics regulation of the Clinton Administration, byassuring members of congress wavering in opposition that voting against the Clinton rule wasnot a vote against the ergonomics rule and that the administration (Bush) would revisit the issuewith a plan of their own. She was W. Bush’s labor secretary and only appointee that stayed withhim till end of term, served from 20012009. |
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Susan Dudley |
Susan E. Dudley is an American academic who served as Administrator of the Office ofInformation and Regulatory Affairs (OIRA), Office of Management and Budget in theadministration of George W. Bush.
was an academic, she favored deregulations |
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Cost-Benefit Analysis at Office of Management and Budget; What is it, how its used, what is its role, why its controversial |
- Used by all 3 branches
- people who want laws enacted and carried out but without all the government red tape - people who want government to be cost-effective , so tax dollars are not wasted - Finding a balance between regulators and non-regulators - Cost-Benefit Analysis helps us to evaluate whether a regulation is worth the price we would have to pay -But we use regulation to lessen the risk if policy areas went unregulated |
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Whose numbers does one use? |
Use OMB's numbers and figures so that they perceive it as accurate because in the end they are the ones that approve a rule and an agency's budget |
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Does Cost Benefit Analysis work? |
It’s a debate between both who want to qualitate (qualitative) and quantitate; those who want to understand the political system and those who want to quantify it with numbers and the degree to which something happened and its benefits. Those are in the eye of the beholder.
It can be used to justify support or opposition to a regulatory policy. |
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Politics of Cost Benefit Analysis |
It can be used to justify support or opposition to a regulatory policy.
- can overestimate or underestimate the benefit/ cost of something to serve their own agenda - not everything can be quantified; ie public goods like clean air |
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Prompt Letters |
"Prompt" letters are a mechanism created in 2001 that OIRA uses to proactively suggest issuesthat agencies might address. Prompt letters may suggest areas where further regulation may beneeded to fill gaps in current environmental, health or safety protections; or they could be used tosuggest areas where a current regulation is no longer needed and should be modified orrescinded.
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Card Memo |
- provided for a sixty day delay in the effective date of rules so that the new Administration could review the new rules prior to their taking effect
- 371 rules subject to the freeze - previous rules go in effect card memo freezes them so you can review them - 15 were delayed for more than a year - OMB took comments on modifying or rescinding 71 rules |
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The Regulatory Right to Know Act |
The Act requires the White House Office of Management and Budget to submit to Congress anannual report on the costs and benefits of federal regulations for the previous year.
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The Future of Regulation |
Varies by administration; Some will want to regulate, others won't (non-regulators) |
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The Case of OMB and NHTSA |
February 12, 2002: OIRA sends a return letter to legislators at NHTSA telling them their tire sensor rule does not meet cost benefit analysis.This is important because you see how rules are reviewed by OIRA and the effect special interesthave on top officials. Automakers influences Director of OIRA (Graham). OIRA did differentcost benefit analysis with the same data than NHTSA
● encourage car manufacturers to emphasize of brake locks verse flat tire indicator. ● its not about what is cheaper or safer idea of parents feel that if something is more expensive, it would be better for child's well being ● people use price indicators as a measure of the value of the product |
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The Case of Infants Flying and the FAA |
- Debate as to whether require children under 2 to be secured in safety seat and therefore get their own seat/ticket
- Did cost benefit analysis and decided that the cost of buying another ticket for child would cause families to drive instead of fly - Since driving is statistically much more dangerous than flying, deaths would actually go up, so they did not implement requirement |
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The Case of the Snowmobiles |
- Ban on use of snowmobiles at national parks under Clinton admin. Pitted against environmentaland sports enthusiasts. Clinton looking at environmental interest. Bush admin not interested inenvironmental interests but more interested in business side. Business can’t sell anymore, andlack of demand by people. Bush admin reverses Clinton’s decision. # of snowmobiles limited.
● significance: see difference in difference administrations why not have it? fuelemission and noise pollution(animals get scared) and damages wild life. Bush Adminsuggests reduce noise of snow mobiles and emissions . Clinton put initial ban but BushAdministration |
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The Case of Air Conditioning Standards |
- Seasonal energy efficiency rating (SEER): the 12 to a 13 rating was the difference between ordering an air conditioning manufacturer to increase 20-30% efficiency.
- Clinton wanted them to jump from a 10 to a 13, Bush came in and they were not going to amend the standard they were going to get rid of it entirely. Could not decrease energy standard or increase amount of energy used in the act so it had to be scrapped. If let into effect they would have to try and change the standard which would be breaking the law so instead of letting the standard go into effect the Bush administration increased the SEER energy from a 10 to a 12 instead of a 10 to a 13. |
