Controlling the Bureaucracy
Congress established bureaucratic agencies because it did not have the resources or expertise to regulate the growing economy. In the process, Congress delegated some authority to the executive branch to help administer these agencies, although it retained the most important function: oversight. It's the responsibility of Congress to make certain that each agency remains true to its mission and is properly performing its duties. As former senator Phil Gramm put it, “Congress's duty doesn't end with passing a law — we have to make sure that the law works.” This is accomplished in several ways.
When career civil servants disagree with a particular policy direction, the preferred method of resistance is inaction, not confrontation. Both the State Department and Defense Department stalled on multiple orders from the Kennedy administration to remove Jupiter missiles from Turkey before finally relenting. During the Nixon administration, the FBI simply ignored the president's many requests to use “dirty tricks” to get back at his political opponents.
Pulling the Purse Strings
Congress's most effective oversight tool is the authorization and appropriations process. When an agency is established, Congress must authorize funds for it. In some cases, such as the Social Security Administration (SSA), this is a permanent authorization, meaning it never has to be renewed. For others, such as NASA, this authorization is periodic — it must be renewed every few years. In light of this, Congress wields much greater control over agencies that require periodic authorizations.
Congress also controls the annual budgets for both permanently and periodically authorized agencies through the appropriations process. This gives Congress the ability to abolish or modify agency programs by eliminating or cutting back funding. Many times, Congress will make agency appropriations contingent upon specific policy changes. In rare cases, Congress will do just the opposite, giving increased funding beyond what was requested for programs it finds particularly effective. Agency heads periodically testify before the Congressional committees and subcommittees with jurisdiction to request increased funding.
Nonappropriations Methods
Congress also has several nonappropriations tools that it uses to oversee the bureaucracy — some more effective than others:
Hearings and investigations. Congress can investigate agencies and call bureaucrats to testify before committees and subcommittees to determine whether the agency is complying with Congressional intent. It can also ask the Government Accounting Office (GAO) and the Congressional Budget Office (CBO) to investigate particular agency actions and conduct oversight studies.
Legislative vetoes. The legislative veto allows Congress to reject (by majority vote) an agency's policy proposal or action. Although the Supreme Court declared legislative vetos unconstitutional in 1983, Congress continues to enact them and agencies continue to abide by them.
Mandatory reports. Congress can require agencies, departments, and even the president to periodically assess programs and report their findings. Through these reports, Congress can determine whether the laws it has passed are having their intended effect. For example, the anti-drug law of 1986 requires that the president submit an annual report to Congress on whether nations that produce and transport narcotics are cooperating with the U.S. government. Congress can cut off aid to a nation if it is found not in compliance.
Inspectors general. Virtually every agency has inspectors general (IGs) who reside outside the bureaucratic chain of command. These inspectors regularly meet with Congress to report on waste, fraud, and abuse within the agency. On occasion, Congress will direct the IGs to perform specific audits and investigations on its behalf.
Bureaucratic Whistleblowers
The term “whistleblower” is used to describe someone who brings attention to (blows the whistle on) illegal or corrupt behavior, gross inefficiencies, or mismanagement. Whistleblowers show up in both the private and public sectors. Relying on whistleblowers for oversight is a recent phenomenon.
Perhaps the most famous whistleblower in U.S. history is the character of “Deep Throat” from Bob Woodward and Carl Bernstein's book All the President's Men. The duo credited Deep Throat with providing invaluable information regarding the Watergate burglary and coverup. To this day, only Woodward, Bernstein, and their editor Ben Bradlee know the whistleblower's identity.
Bureaucratic whistleblowers play an important role in agency oversight. They have been an invaluable resource for Congress and the public for aiding understanding of bureaucratic waste, abuse, and corruption. Whistle-blowers may be clerical workers, managers, experts, and even department leaders. Despite legislation that prohibits acts of retaliation against whistle-blowers by their superiors, most government whistleblowers end up leaving their jobs within three years of coming forward with their information.
