Article

Back-Channel Representation: A Study of the Strategic Communication of Senators with the US Department of Labor

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Abstract

An underappreciated way members of Congress represent interests is by pursuing policy goals through their communication with the bureaucracy. I argue that the bureaucracy provides an alternative, covert way for cross-pressured legislators, who face diverging pressures from party leaders, interest groups, and subconstituencies, to satisfy conflicting interests. Using original data of senators’ communication with the US Department of Labor from 2005 to 2012 (109th through 112th Congresses), I show that, when faced with cross-pressures from party and constituency, senators strategically choose less visible, back-channel means for pursuing policy goals. These findings provide a new perspective on representation by demonstrating that legislators pursue policy goals outside of the legislative process in an effort to evade accountability.

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... These avenues of influence should be considered in light of literature examining the causes and consequences of political control of the administrative state. Methods include the appointments process (Calvert et al., 1989;Lewis, 2008), the oversight process (Clinton et al., 2014;McCubbins & Schwartz, 1984), agency design and procedural selection (Bawn, 1995;Lewis, 2003;McCubbins et al., 1987), active "lobbying" of administrators by legislators, including letter-marking Mills et al., 2016;Ritchie, 2018;Ritchie & You, 2019), the directing of contracts (Gordon, 2011;Witko, 2011), and more. ...
... This relationship exists despite the presence of objective evaluative criteria. 15 Other literature shows agencies are more likely to respond more quickly and more favorably to legislators in particularly influential positions (Lowande, 2019;Weingast & Moran, 1983) and there exists considerable heterogeneity in how often legislators even attempt to influence administrative agencies (Lowande, 2019;Ritchie, 2018). Indeed, the mixed evidence regarding legislative influence is puzzling due to strong theoretical reasons for agencies to accommodate legislators (Arnold, 1979), particularly those more senior (Helland, 1999;Lowande, 2019;Roberts, 1990;Rundquist et al., 1996;Young & Sobel, 2013), serving on relevant committees (Alvarez & Saving, 1997;Hudak, 2014;Kim et al., 2020;Lowande, 2019;Rundquist et al., 1996;Weingast & Moran, 1983; but see Berry et al., 2010), in the majority (Albouy, 2013;Berry et al., 2010;Dynes & Huber, 2015;Helland, 1999), or in the executive's party (Berry et al., 2010; but see Dynes & Huber, 2015). ...
... First, previous literature suggests members of relevant oversight committees are more likely to contact agencies (Lowande, 2019;Ritchie, 2018) and agencies are more likely to respond more quickly (Lowande, 2019) and more generously (Hudak, 2014;Rundquist et al., 1996), with the relationship also sometimes holding outside of the US context (Kim et al., 2020). 16 Indeed, as Arnold (1979) notes, "committee members are more likely to know and have frequent contact with program administrators, both formally during [legislative] hearings and informally throughout the year… [which] gives them better opportunities to criticize past bureaucratic actions and make suggestions about future actions" (pp. ...
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To what extent are elected legislators able to influence administrative decisionmaking? Recent research has been divided on this question, with some studies suggesting legislators are effectively unable to influence administrative outcomes, whereas others suggest influence is common. Here, we examine this question in the context of Pennsylvania's Abandoned and Orphan Well Plugging Program (WPP). Despite the WPP using objective evaluative criteria to prioritize which abandoned and orphan oil and gas wells should be plugged before others, our results suggest legislators are able to influence the WPP's decisions. Specifically, we find that wells are plugged more quickly when the districts in which they are located are represented by (a) more experienced legislators, (b) legislators who sit on the state House or Senate Environmental Resources & Energy Committees, and (c) more liberal/Democratic legislators. These results have implications for those interested and involved in the legislative-administrative nexus. This article is protected by copyright. All rights reserved.
... Un análisis más amplio de otras instituciones públicas establecerá un panorama más claro sobre los aspectos positivos o negativos de la imagen y de las representaciones sociales de las instituciones públicas de esa zona. Hunter, 1998;Du Gay, 2005;Richardson, 2011;Ahumada, Giacone y Hirtz, 2014) desde la administración pública (Crozier, 1964;Jenning, 1966;Blau y Meyer, 1971;Carrasco Canals, 1975;Hummel, 1977;Arnold, 1991;i nap, 2005;Meier y Bohte, 2007;Byrkjeflot y Engelstad, 2018;Carnevale y Stivers, 2019), e incluso desde la filosofía (Eymar, 2009), el derecho (Meléndez George, 2005) y la historia (Cañas Gálvez, 2012), mientras que en el campo de la comunicación también existen investigaciones sobre la burocracia que se han centrado en la impersonalidad de las relaciones entre las personas y los servidores públicos (Lystad y Stone, 1956), en la anomia de las personas frente a las instituciones públicas y la burocracia (Marsh, Dolan y Riddick, 1967), en el lenguaje persuasivo utilizado por las personas ante los servidores públicos (Danet, 1971), en los diferentes tipos de comunicación burocrática (Rubin, 1974), en la comunicación interna dentro de las instituciones burocráticas (Bacharach y Aiken, 1977), en los entornos y la cultura organizacional de las instituciones públicas (Meyer, 1995), en los problemas burocráticos y la corrupción de grandes empresas (Picard, 1996), en la vinculación de las tecnologías de la información y la comunicación con la burocracia para generar procesos de transparencia (Snellen, 2001) o para que las instituciones públicas sean más funcionales (Bovens y Zouridis, 2002), en el reemplazo de la burocracia mediante las tecnologías de la información y comunicación (Harris, 2006;Ionescu, 2016), en la mejora de los servicios de las instituciones burocráticas (Pärna y von Tunzelmann, 2007), en los procesos de innovación de las instituciones públicas (van Duivenboden y Thaens, 2008), en las dinámicas de interacción de las instituciones públicas para convertirlas en instituciones flexibles adaptadas al entorno (Klemsdal, 2013), en la interacción entre la burocracia de las instituciones públicas y los medios respecto a la ayuda extranjera (Joly, 2014), en la transición hacia el e-Gobierno mediante las tecnologías de información y comunicación (Buffat, 2015), en los procesos burocráticos de comunicación interpersonal (Monteiro, 2016), en el establecimiento de una agenda política a través de la burocracia (Baekgaard, Mortensen y Seeberg, 2018) o en el uso de la política como parte de la comunicación burocrática (Ritchie, 2018), así como en las experiencias burocráticas de comunicación interpersonal mediadas por las tecnologías de información y comunicación (Hansen, Lundberg y Syltevik, 2018). ...
... Sin embargo, ninguna de esas investigaciones ha tomado como punto de partida la imagen de una institución pública y su vinculación con las representaciones sociales como parte de un proceso de comunicación o interacción social. Aunque la burocracia es inoperante para la mayoría de las personas, es muy funcional para ciertos grupos privilegiados que la utilizan como una herramienta de poder, permitiéndoles establecer agendas políticas y económicas de control y dominación, además de obstaculizar la transparencia de la información y alcanzar una verdadera democracia (Baekgaard, Mortensen y Seeberg, 2018;Ritchie, 2018), por lo que seguir investigando sobre ella todavía es relevante para comprender otros aspectos que rodean a este modelo de organización, trabajo y administración de las instituciones públicas. ...
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A pesar de que la burocracia y la función pública son modelos, actuaciones y resultados de una forma muy específica de organización, trabajo y administración, inoperante para la mayor parte de la sociedad civil, las instituciones públicas que las practican generan una imagen institucional y diversas representaciones sociales que pueden ayudarnos a comprender las percepciones, aspiraciones, experiencias, juicios de valor y explicaciones, positivas o negativas, que las personas tienen al interactuar con ellas. Por lo que, a través de las redes semánticas naturales, se pudieron determinar los campos semánticos que hay sobre la burocracia y la función pública de una institución en 100 personas de la ciudad de Villahermosa, Tabasco. Los resultados arrojan la coexistencia de valores positivos y negativos como parte de la imagen y de las representaciones sociales. De manera más específica, la burocracia tiene una imagen y representación social negativa, pero los funcionarios públicos tienen una imagen y representación social positiva. Un análisis más amplio de otras instituciones públicas establecerá un panorama más claro sobre los aspectos positivos o negativos de la imagen y de las representaciones sociales de las instituciones públicas de esa zona.
... Members of Congress communicate with agencies through informal channels (e.g., letters, emails, phone calls, meetings) thousands of times each year. Despite previous assumptions that these interactions are confined to casework and requests for grants, about a quarter of these contacts are about matters of national policy (Ritchie 2018). Of course, House members and senators (and their staff) contact agencies to support grants for their districts and states and to expedite passport renewals and visa applications, but they also contact agencies to comment on regulations, offer interpretations of law, and to request the agency's assistance in crafting legislation. ...
... These data have led to several novel substantive contributions. We now know that members of Congress regularly contact agencies about policy, and that these interactions are widespread across legislators, rather than exclusive to committees with oversight (Ritchie 2018). These data have also provided evidence of agency responsiveness to requests from House members and senators (Ritchie and You 2019) and shown how women, racial and ethnic minorities, and veterans in Congress advocate for their respective communities through their interactions with agencies (Lowande, Ritchie, and Lauterbach 2019). ...
... We begin with the congressional practice of correspondence as a method of control. Studies such as Lowande (2018) and Ritchie (2018) focus on inquiries (contacts) made by individual legislators to agencies. This form of communication is informal and nonstatutory but, as with hearings, can take the form of oversight as communication between legislature and agency about legislative priorities. ...
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... Another, even less visible, activity is lobbying bureaucracies on behalf of (groups of) constituents (Lowande et al., 2019;Judge-Lord et al., 2018). Indeed, legislators spend a fair amount of their time contacting bureaucratic agencies-especially for traditionally underrepresented groups like women, minorities, and veterans (Lowande et al., 2019)-when agency goals conflict with parties' agendas or core constituents' demands (Ritchie, 2018). These legislative requests can have influence on policy decisions and implementations by U.S. bureaucracies (Ritchie and You, 2019;Mills and Kalaf-Hughes, 2015). ...
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... First, they allow them to act on behalf of their constituencies in a manner that is outside of and unconstrained by the legislative process (ritchie 2015, 2018). second, direct requests, often in the form of letters or phone calls, offer a traceable, credible device for credit claiming (Fiorina 1989;ritchie 2015, 2018, which can elude legislators' ability to link their efforts to other policy outcomes (arnold 1990;Lee 2003Lee , 2004Mayhew 1974). 3 When legislators reach out to agencies with requests, it signals to agencies both the legislator's preference and that the request is a priority for the legislator. ...
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