Bureaucratic Capacity, Delegation, and Political Reform JOHN D

Total Page:16

File Type:pdf, Size:1020Kb

Bureaucratic Capacity, Delegation, and Political Reform JOHN D American Political Science Review Vol. 98, No. 3 August 2004 Bureaucratic Capacity, Delegation, and Political Reform JOHN D. HUBER Columbia University NOLAN MCCARTY Princeton University e analyze a model of delegation and policymaking in polities where bureaucratic capacity is low. Our analysis suggests that low bureaucratic capacity diminishes incentives for bureaucrats W to comply with legislation, making it more difficult for politicians to induce bureaucrats to take actions that politicians desire. Consequently, when bureaucratic capacity is low, standard principles in the theoretical literature on delegation no longer hold. We also use the model to examine the issue of political reform in polities with low bureaucratic capacity. The model indicates that politicians in such polities will be trapped in a situation whereby they have little incentive to undertake reforms of either the bureaucracy or other institutions (such as courts) that are crucial for successful policymaking. he central tension motivating contemporary the- corruption. For a variety of reasons, then, it may be ories of delegation from politicians to bureau- very difficult for bureaucracies to implement policies Tcrats lies in the potential conflict between the effectively, even when leaders within the bureaucracy value of bureaucratic expertise, on one hand, and the have sufficient expertise to understand which policies desire for political control, on the other. This tension will yield desired outcomes. The problem for politi- is well-known, and has been debated at least since cians in such contexts is not how to create appropriate Weber’s classic work on bureaucracy. Modern bureau- incentives for high-powered bureaucrats. Instead, the cracies are staffed with individuals who, by virtue of problem is how to make policy when bureaucracy is “rational” bureaucratic organization, are highly skilled known to lack capacity. policy experts who in principle should be able to We develop a model of delegation that can help help less knowledgeable politicians achieve their goals. understand policymaking processes when bureaucratic However, the very skills and expertise that bureau- capacity is lacking. A central feature of our approach is crats enjoy create the possibility that bureaucrats will to distinguish the problem of information (knowledge usurp the rightful role of politicians in policymaking about the consequences of different actions) from the processes. Because the way this tension is resolved de- problem of capacity (the ability to accomplish intended termines the ultimate compatibility of democracy and actions). The information problem has dominated the bureaucracy, existing theories of delegation typically existing delegation literature, whereas the capacity is- focus on understanding how and to what extent politi- sue has been essentially ignored. We argue that the cians can resolve it.1 problems of information and capacity are conceptually In many contexts, particularly developing democra- distinct. Senior bureaucrats, for example, may have pol- cies, bureaucracy does not fit the “Weberian” charac- icy expertise but, because of the problems described teristics that are assumed in the existing delegation in the previous paragraph, be unable to execute re- literature. The bureaucracies may be staffed with in- liably the policies they intend. By disentangling the dividuals who lack the personal capacity to execute effects of expertise and capacity on delegation, we can orders effectively. The organizational structure may achieve important insights into policymaking in situa- lead to breakdowns within bureaucratic hierarchies, tions where bureaucratic capacity is low. making it difficult for senior administrators to control Specifically, we use the model of delegation to low- their subordinates. Departments and ministries may capacity bureaucracies to explore three substantive lack basic budgets and resources to undertake imple- issues. First, we examine how low bureaucratic ca- mentation actions. They may suffer from incentives for pacity diminishes the ability of politicians to achieve their policy goals. Our main argument is that although John D. Huber is Professor of Political Science, Department of Po- low bureaucratic capacity reduces the general qual- litical Science, Columbia University, New York, NY 10025 (jdh39@ ity of bureaucratic outcomes though a straightforward columbia.edu). efficiency loss, it also changes policymaking in a less Nolan McCarty is Professor of Politics and Public Affairs, Woodrow Wilson School of International and Public Affairs, Prince- obvious way. In particular, it diminishes incentives for ton University, Princeton, NJ 08540 ([email protected]). bureaucrats to comply with legislative statutes. Put dif- We would like to thank John Carey, David Epstein, David Lewis, ferently, bad bureaucracies are not only inefficient (i.e., and Eric Schickler for comments on early versions of the manuscript. less successful at implementing the policies they in- We are also grateful for feedback from participants in seminars at UC—–Berkeley and the University of Michigan and from participants tend), but also harder to control because their incom- in conferences on the Macropolitics of Congress and Brazilian Po- petence diminishes their incentives to implement the litical Institutions in Comparative Perspective. Huber is grateful to policies politicians describe in legislation. For this rea- Princeton’s University’s Center for the Study of Democratic Politics, son, politicians can often induce more desirable ac- where he was a visiting fellow during work on this project. tions from highly competent “enemy” bureaucrats (i.e., 1 Influential works include informal arguments by McCubbins, Noll, and Weingast (1987), the formal model in Bawn 1995, and the for- bureaucrats with policy preferences that differ from mal model and empirical tests in Epstein and O’Halloran 1999. See the politician’s) than from less competent “friendly” Huber and Shipan 2002, chap. 2, for a recent review of the literature. ones (who share the politician’s policy preferences). 481 Bureaucratic Capacity, Delegation, and Political Reform August 2004 Importantly, however, politicians need some level of public-sector salaries that are sufficiently high to attract policy expertise to take advantage of bureaucratic com- skilled individuals into public service (e.g., Besley and petence. Without it, competent bureaucrats can often McLaren 1993), the nature of social networks among work successfully to achieve outcomes that politicians bureaucrats (e.g., Carpenter 2001), insulation of agency oppose. budgets from excessive political influence (e.g., Geddes Second, we use the model to understand how delega- 1994), and training programs (e.g., McCourt and Sola tion strategies in situations of low bureaucratic capacity 1999). differ from delegation strategies that have been de- Importantly,low bureaucratic capacity can exist even scribed in previous research on high-capacity bureau- when high-level bureaucrats know what they would cracies. Our model suggests that when bureaucratic like to accomplish. A senior administrator in a depart- capacity is low, well-established principles in the ex- ment of education, for example, may have a clear idea isting literature no longer hold. In models that assume of which curriculum for students will yield the best test high-capacity bureaucrats, for example, politicians typ- scores, but implementation of this curriculum may be ically delegate more discretion to bureaucrats when difficult and uneven given variation in the quality of the bureaucrats are ideological allies and when ex post school principals and teachers. Or it may be the case monitoring possibilities are most effective. We find that a senior bureaucrat charged with administering a the opposite in low capacity systems. Thus, predictions pension system can establish a clear set of rules about about discretion in legislative statutes may not apply in eligibility and payments. But this bureaucrat may be political systems where bureaucratic capacity is low. unable to enforce adequately the application of these Finally, we use the model to understand incentives rules, as subordinates may favor particular individuals for political reform in polities with low bureaucratic over others, refuse pensions where they are deserved, capacity. We argue that politicians in such polities are or provide them to individuals who are ineligible. Or trapped in a situation where they have little incen- a senior bureaucrat may be assisted by international tive to reform not only the bureaucracy, but other development agencies regarding how to build a water institutions as well. The incentives of politicians to project but be unable to motivate subordinates to get reform low-capacity bureaucracies increase as politi- the job done right. We want to focus, then, on problems cians gain more policy expertise, for instance, but the that senior bureaucrats often face when attempting to incentives of politicians to gain policy expertise are have their subordinates implement policy and, there- smallest when bureaucratic capacity is low. Similarly, fore, to separate this problem of “capacity” in imple- incentives to reform low-capacity bureaucrats increase mentation from the problem of “expertise.” when enforcement of statutes—–which is often done Our approach to modeling policymaking in the pres- by courts—–becomes more effective, but incentives to ence of capacity and expertise problems is as follows. create effective
Recommended publications
  • Videos Depicting Actual Murder and the Need for a Federal Criminal Murder-Video Statute Musa K
    Florida Law Review Volume 68 | Issue 6 Article 9 November 2016 Who Watches this Stuff?: Videos Depicting Actual Murder and the Need for a Federal Criminal Murder-Video Statute Musa K. Farmand Jr. Follow this and additional works at: https://scholarship.law.ufl.edu/flr Part of the First Amendment Commons Recommended Citation Musa K. Farmand Jr., Who Watches this Stuff?: Videos Depicting Actual Murder and the Need for a Federal Criminal Murder-Video Statute, 68 Fla. L. Rev. 1915 (2016). Available at: https://scholarship.law.ufl.edu/flr/vol68/iss6/9 This Note is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized editor of UF Law Scholarship Repository. For more information, please contact [email protected]. Farmand: Who Watches this Stuff?: Videos Depicting Actual Murder and the N :+2:$7&+(67+,6678))"9,'(26'(3,&7,1*$&78$/ 085'(5$1'7+(1((')25$)('(5$/&5,0,1$/ 085'(59,'(267$787( 0XVD.)DUPDQG-U $EVWUDFW 0XUGHU YLGHRV DUH YLGHR UHFRUGLQJV WKDW GHSLFW WKH LQWHQWLRQDO XQODZIXONLOOLQJRIRQHKXPDQEHLQJE\DQRWKHU*HQHUDOO\GXHWRWKHLU REVFHQH QDWXUH PXUGHU YLGHRV DUH DEVHQW IURP PDLQVWUHDP PHGLD +RZHYHU LQ WKH ZDNH RI Vester Lee Flanagan II’s ILOPHG PXUGHUV RI UHSRUWHU$OOLVRQ3DUNHUDQGFDPHUDPDQ$GDP:DUGRQOLYHWHOHYLVLRQLW LV SHUKDSV RQO\ D PDWWHU RI WLPH EHIRUH PXUGHU YLGHRV EHFRPH DQ DFFHSWDEOHIRUPRIHQWHUWDLQPHQW)XUWKHU$PHULFDQVVKRXOGEHZDU\RI SRWHQWLDO “FRS\FDW” SHUSHWUDWRUV DQG WKHLU WKLUVW IRU LQIDP\ YLD LPPRUWDOL]DWLRQ RQ WKH ,QWHUQHW DV WKH IUHH GLVVHPLQDWLRQ
    [Show full text]
  • Statute of the International Atomic Energy Agency, Which Was Held at the Headquarters of the United Nations
    STATUTE STATUTE AS AMENDED UP TO 28 DECEMBER 1989 (ill t~, IAEA ~~ ~.l}l International Atomic Energy Agency 05-134111 Page 1.indd 1 28/06/2005 09:11:0709 The Statute was approved on 23 October 1956 by the Conference on the Statute of the International Atomic Energy Agency, which was held at the Headquarters of the United Nations. It came into force on 29 July 1957, upon the fulfilment of the relevant provisions of paragraph E of Article XXI. The Statute has been amended three times, by application of the procedure laid down in paragraphs A and C of Article XVIII. On 3 I January 1963 some amendments to the first sentence of the then paragraph A.3 of Article VI came into force; the Statute as thus amended was further amended on 1 June 1973 by the coming into force of a number of amendments to paragraphs A to D of the same Article (involving a renumbering of sub-paragraphs in paragraph A); and on 28 December 1989 an amendment in the introductory part of paragraph A. I came into force. All these amendments have been incorporated in the text of the Statute reproduced in this booklet, which consequently supersedes all earlier editions. CONTENTS Article Title Page I. Establishment of the Agency .. .. .. .. .. .. .. 5 II. Objectives . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 5 III. Functions ......... : ....... ,..................... 5 IV. Membership . .. .. .. .. .. .. .. .. 9 V. General Conference . .. .. .. .. .. .. .. .. .. 10 VI. Board of Governors .......................... 13 VII. Staff............................................. 16 VIII. Exchange of information .................... 18 IX. Supplying of materials .. .. .. .. .. .. .. .. .. 19 x. Services, equipment, and facilities .. .. ... 22 XI. Agency projects .............................. , 22 XII. Agency safeguards .
    [Show full text]
  • Oklahoma Statutes Title 12. Civil Procedure
    OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31
    [Show full text]
  • Rome Statute of the International Criminal Court
    Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2.
    [Show full text]
  • Legislative History Research on the Idaho Legislature's
    Legislative History Research on the Idaho Legislature’s website If you need to research the legislative history of a recent law, that is becoming easier to do for yourself from the convenience of your computer. The legislative history of a law comes into play when the wording of a statute is ambiguous or silent on some point and the court may look to the intent of the legislature in interpreting a statute. To do this, go to the Idaho Legislature’s web site: www.legislature.idaho.gov Go to the particular statute you want to research and find the history line at the end of the statute. The history line will tell you when a statute was added, and will also show you every time the statute has been amended. If the statute was added or amended in 2003 or more recently, you will be able to pull up the statute’s legislative history on the web site (anything older and you have to hit the books in the Legislative Library in the Capitol). Take, for example, this law prohibiting texting while driving, which was passed in 2012. The first step is to figure out which bill was behind this session law. To do that, go to the portfolio item Idaho Laws / Rules, select Session Laws and choose the year, and look up the chapter number (in this case, Ch. 301). An alternative way to find a bill’s number is to look up the statute’s citation under the “Code Sections Affected” index under the session. Directly beneath the Chapter number in the Session Laws will be the bill number.
    [Show full text]
  • Major Banking Laws
    Major U.S. Banking Laws The most important laws that have affected the banking industry in the United States are listed below (in chronological order). • National Bank Act of 1864 (Chapter 106, 13 STAT. 99). Established a national banking system and the chartering of national banks. • Federal Reserve Act of 1913 (P.L. 63-43, 38 STAT. 251, 12 USC 221). Established the Federal Reserve System as the central banking system of the U.S. • The McFadden Act of 1927 (P.L. 69-639, 44 STAT. 1224). Amended the National Banking Laws and the Federal Reserve Act and prohibited interstate banking. • Banking Act of 1933 (P.L. 73-66, 48 STAT. 162). Also known as the Glass-Steagall Act. Established the FDIC as a temporary agency. Separated commercial banking from investment banking, establishing them as separate lines of commerce. • Banking Act of 1935 (P.L. 74-305, 49 STAT. 684). Established the FDIC as a permanent agency of the government. It extended the branching provisions of the Banking Act of 1933 to FDIC non-members and required state member banks to obtain Federal Reserve Board approval of new branches. • Soldiers and Sailors Civil Relief Act of 1940 (50 App. U.S.C. § 501). The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA), as amended, was passed by Congress to provide protection for individuals entering or called to active duty in the military service. It is intended to postpone or suspend certain civil obligations to enable servicemembers to devote full attention to duty. The Act applies to the United States, the states, the District of Columbia, all U.S.
    [Show full text]
  • ELI Statute English
    THE EUROPEAN LAW INSTITUTE (ELI) AISBL IVZW IVOG ARTICLES OF ASSOCIATION: (as amended by Council Decision 2013/5 of 2 April 2013) Article 1: Name, Identity and Duration (1) The Association is called "European Law Institute", abbreviated ELI. It may be referred to under equivalent names, which may be specified in Byelaws, in each of the official languages of the European Union. (2) The Association has legal personality and is established as an International Non-Profit Organisation (Association Internationale Sans But Lucratif AISBL / Internationale Vereniging Zonder Winstoogmerk IVZW / Internationale Vereinigung ohne Gewinnerzielungsabsicht IVoG) under Belgian law. (3) The Association is founded for an indefinite period of time. Article 2: Basic Principles The Association is based on and committed to the principles of political and economic independence, diversity of legal traditions and disciplines, and cooperation among jurists from different vocational backgrounds, including academics, judges, lawyers, notaries and other legal professionals, and jurists involved in government or the legislative process. Article 3: Aims (1) The Association has as its aims to study and stimulate European legal development in a global context. Its field of activity covers all branches of the law. (2) The Association may, either on its own or, where appropriate, in collaboration with other institutions, inter alia: - evaluate and stimulate the development of EU law, legal policy, and practice, and in particular make proposals for the further development
    [Show full text]
  • Title 35 Public Health and Safety
    TITLE 35 - PUBLIC HEALTH AND SAFETY CHAPTER 1 - ADMINISTRATION ARTICLE 1 - IN GENERAL 35-1-101. Local contributions; disposition. All monies paid to the state treasurer representing contributions by city councils, county commissioners, trustees of school districts, or other public agencies, for public health purposes, shall be set up and designated on the books of the state treasurer in a separate account, and shall be expended and disbursed upon warrants drawn by the state auditor against said account when the vouchers therefor have been approved by the department of health. 35-1-102. Sanitation of public institutions. It shall be the duty of the officers, managers, superintendents, proprietors and lessees of all hospitals, asylums, infirmaries, prisons, jails, schools, theaters, public places and public institutions to remedy any and all defects relating to the unsanitary condition of such institution, or institutions, as may be under their control, when such defects shall have been called to their attention in writing by the department of health. 35-1-103. Neglect or failure of officials to perform duty. Any member of the department of health, any county health officer, or any officer, superintendent, or principal of any city, town, county or institution named in this act, who shall fail or neglect to perform any of the duties herein required of them, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county jail for a period of not less than six (6) months, nor more than a year, or both.
    [Show full text]
  • Statute and Common Law Current Legal Issues Seminar Series 17 August 2017 Adam Pomerenke
    Statute and Common Law Current Legal Issues Seminar Series 17 August 2017 Adam Pomerenke Introduction We often speak of two broad sources of law: statute law (the law made by the Commonwealth, State and Territory Parliaments) and common law (for present purposes, the law made by judges in the exercise of both common law and equitable jurisdiction1). These sources of law do not exist independently of each other. Rather, they are part of one integrated system of laws under the Constitution.2 They have been said to have a symbiotic relationship.3 They interact directly and indirectly. We are all familiar with the main modes of interaction. Subject to constitutional constraints, statute law prevails over the common law. Statutes are interpreted in accordance with common law principles of interpretation (as supplemented or modified by interpretation statutes4). And the “principle of legality” ensures that statutes do not casually obliterate at least some common law rights.5 These basic ideas are often assumed to be sufficient to enable one to get by in practice. However, the safety of that assumption has been challenged. In 1992, The Honourable Paul Finn drew attention to some complexities in the relationship between statutes and the common law which had been analysed extensively in the United States for almost a century, but had been the subject of little analysis within the Commonwealth.6 In 2013, just over 20 years later, Finn observed that the Bar was “slowly awakening” to the matter.7 1 There is, however, a substantial case for separate treatment of the relationship between equity and statute: Leeming, “Equity: Ageless in the ‘Age of Statutes’” (2015) 9 J Eq 108.
    [Show full text]
  • Public Law 95-91 95Th Congress an Act to Establish a Department of Energy in the Executive Branch by the Reorganiza- Aug
    PUBLIC LAW 95-91—AUG. 4, 1977 91 STAT. 565 Public Law 95-91 95th Congress An Act To establish a Department of Energy in the executive branch by the reorganiza- Aug. 4, IV / / tion of energy functions within the Federal Government in order to secure [S. 826] effective management to assure a coordinated national energy policy, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Department of be cited as the "Department of Energy Organization Act". Energy Organization Act. TABLE OF CONTENTS 42 USC 7101 Sec. 2. Definitions. note. TITLE I—DECLARATION OF FINDINGS AND PURPOSES Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Relationship with States. us TITLE II—ESTABLISHMENT OF THE DEPARTMENT Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Assistant Secretaries. Sec. 204. Federal Energy Regulatory Commission. Sec. 205. Energy Information Administration. Sec. 206. Economic Regulatory Administration. Sec. 207. Comptroller General functions. Sec. 208. Office of Inspector General. Sec. 209. Office of Energy Research. Sec. 210. Leasing Liaison Committee. TITLE III—TRANSFERS OF FUNCTIONS Sec. 301. General transfers. Sec. 302. Transfers from the Department of the Interior. Sec. 303. Administration of leasing transfers. Sec. 304. Transfers from the Department of Housing and Urban Development. Sec. 305. Coordination with the Department of Transportation. Sec. 306. Transfer from the Interstate Commerce Commission. Sec. 307. Transfers from the Department of the Navy. Sec. 308. Transfers from the Department of Commerce. Sec. 309. Naval reactor and military application programs. Sec. 310.
    [Show full text]
  • Laws Vs. Regulations: What’S the Difference?
    Laws vs. Regulations: What’s the Difference? The governmental process can be difficult to understand and navigate. Two of the most common misunderstandings of governmental oversight is understanding the difference between laws and regulations. The main topic of this article is to assist in understanding how these two ways of delineating policy and its enforcement are similar and how they are different. If you are someone trying to lobby to make changes to a law or regulation, this article might help in pointing you in the right direction to contact the appropriate bodies, but to also let you know the type of work that would go into making those changes. How are laws and regulations similar? • Laws and regulations are similar in that they both try to specify and organize what that authorizing body feels is appropriate behavior. In this sense, we can think of laws and regulations as rules that are established by the federal, state, or local government or their appropriating agency. Often, Regulations are written to implement the specifics of a particular law. (e.g. licensing laws and licensing regulations; Mental Health Parity laws, and their regulations) • Laws and regulations, under statute, have to hold public hearings open to anyone interested in testifying for public comment before making decisions about adopting, changing or eliminating a law or regulation. • Laws and regulations are also enforced to the full authority of the law. If you were to violate a law or regulation, there may be penalties up to or including imprisonment or fines. How are laws and regulations different? • Laws go through the bill process before becoming established as a law.
    [Show full text]
  • Gramm-Leach-Bliley Act
    Notes to the Reader 1. This document is extracted from Committee Print 108-B of the Committee on Financial Services of the U.S. House of Representa- tives, and was prepared at the direction of that Committee. 2. Any material contained within brackets ø¿ is not part of the text of the law but is inserted as an aid to the reader. 3. Citations have been included to enable the reader to locate the same material in the United States Code (U.S.C.). These citations are not a part of the text of the law in which they appear. For changes after the revision date of this excerpt (September 30, 2004) to provisions of law in this publication that have citations to the U.S. Code, see the United States Code Classification Tables pub- lished by the Office of the Law Revision Counsel of the House of Representatives at http://uscode.house.gov/uscct.htm. REVISED THROUGH SEPTEMBER 30, 2004 GRAMM-LEACH-BLILEY ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) ø12 U.S.C. 1811 note¿ SHORT TITLE.—This Act may be cited as the ‘‘Gramm-Leach-Bliley Act’’. * * * * * * * TITLE II—FUNCTIONAL REGULATION Subtitle A—Brokers and Dealers * * * * * * * SEC. 206. ø15 U.S.C. 78c note¿ DEFINITION OF IDENTIFIED BANKING PRODUCT. (a) DEFINITION OF IDENTIFIED BANKING PRODUCT.—For pur- poses of paragraphs (4) and (5) of section 3(a) of the Securities Ex- change Act of 1934 (15 U.S.C.
    [Show full text]