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What Makes an Agency Independent Codebook What Makes An Agency Independent Codebook This codebook describes the data collected for the manuscript “What Makes An Agency Independent,” published in the American Journal of Political Science. The dataset describe in this codebook has three components: 1) the codebook describing the variables and their coding, 2) the statutory provisions justifying the coding, and 3) a Microsoft Excel spreadsheet containing the data. Data Collection Between 2013 and 2014, I collected data on all federal agencies and politically important bureaus in the federal executive establishment. First, I identified the structural features of the 107 agencies in the federal executive branch that are led by one or more political appointees appointed by the president and confirmed by the Senate. The data for these agencies were also collected for the ACUS Sourcebook of United States Executive Agencies.1 Given the political importance of many agency bureaus (e.g., Food and Drug Administration, Consumer Financial Protection Bureau), I also include the 214 bureaus within these agencies that either (1) promulgated a rule covered by the Congressional Review Act from 1996-2012; or (2) are listed in both the September 2012 Employment Cube in the Office of Personnel Management’s FedScope and in an agency’s organizational chart in the 2012 Government Manual;2 or (3) are excluded from all of the above for security reasons. In total, my dataset includes 7 agencies and 1 bureau in the Executive Office of the President, 15 executive departments and 205 bureaus within the departments, and 85 agencies and 8 bureaus located outside of the executive departments and the EOP. For each agency or bureau in my dataset, I identify the original public law that established the agency and that law’s corresponding citation in the current U.S. Code. I collected information on a total of 50 structural features. These include: the location of each agency, features of agency governance, agency powers, and aspects of political oversight. Agency statutes are the primary source of data for each agency. The choice to rely on statutory language was made for the sake of consistent coding across all agencies and to capture the agreed-upon structural deal made between Congress and the President. For a few variables, notably those relating to OMB review, congressional oversight, and agency administrative law practices, I referenced materials outside of the agency’s statute. Where possible, I validated my data using a variety of different sources.3 1 Lewis, David E. and Jennifer L. Selin. Sourcebook of United States Executive Agencies. Washington, DC: Administrative Conference of the United States. Available at http://www.acus.gov/publication/sourcebook-united- states-executive-agencies 2 A bureau must have been listed in the organization chard as directly reporting to an undersecrtary or its equivalent. I excluded administrative offices that are common across all agencies, such as Offices of Public Affairs, General Counsel Offices, and the like. 3 Sources include Breger and Edles (2000); Datla and Revesz (2013); Free Enterprise Fund v. Pub. Co. Accounting Oversight Bd., 130 S.Ct. 3138 (2012) (Breyer, J. Dissenting). Variables This section of the codebook includes a description of each variable and its coding for the statutory characteristics coded in the “What Makes An Agency Independent” dataset. Housekeeping Variables Name: Name of Agency EOP: This variable is coded with a (1) if the agency is a component of the EOP and (0) otherwise. Cabinet: This variable is coded with a (1) if the agency is an executive department or a component of an executive department and (0) otherwise. Bureau: This variable is coded with a (1) if the agency is a component of a larger department or agency and (0) otherwise. CodeRef: This variable is coded with a (1) if the agency is referenced anywhere in the United States Code and (0) otherwise. Source: United States Code. StatMandate: This variable is coded with a (1) if a federal statute mandates the establishment of the agency and (0) otherwise. Examples of statutory language mandating the establishment of an agency include the statute authorizing the Food and Drug Administration, which states “There is established in the Department of Health and Human Services the Food and Drug Administration,”4 and the statute authorizing the National Telecommunications and Information Administration, which states “There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Adminsitration.”5 Source: Agency statute. StatPermit: This variable is coded with a (1) if a federal statute permits, but does not mandate, the establishment of the agency and (0) otherwise. An example of statutory language merely permitting the establishment of an agency includes the statute recognizing the Natural Resources Conservation Service, which states that “The Secretary is authorized to establish and maintain within the Department [of Agriculture] a Natural Resources Conservation Service.”6 Source: Agency statute. 4 21 U.S.C. § 393(a) (2013). 5 47 U.S.C. § 902(a)(1) (2013). 6 7 U.S.C. § 6962(a) (2013). Leadership Structure and Agency Personnel Multimember: This variable is coded with a (1) if the agency is a multi-member commission, has a board of directors, or the like and (0) otherwise. Source: Agency statute. NumberMembers: If the agency is a multi-member commission or, the number of voting members on the commission or board of directors. (.) denotes an agency is not a commission or does not have a board. This includes multi-member bodies that do and do not have fixed terms. Source: Agency statute. QuorumRules: (1) Statute specifies the number of commissioners or board members that constitute a quorum; (0) Statute does not specify the number of commissioners or board members that constitute a quorum; (.) Quorum rules not applicable because not commission or board. An example of a statute defining a quorum is the statute authorizing the Corporation for National and Community Service which states, “A majority of the appointed members of the Board shall constitute a quorum.”7 Source: Agency statute. QuorumNumber: If QuorumRules is coded (1), the number of members or commissioners the statute specifies constitute a quorum. Source: Agency statute. Agency-specific personnel: For the purposes of the chapters of Title 5 relating to pay and allowances, certain agencies’ employees are excluded from the definition of “employee”8 and others agencies’ statutes permit employment systems particular to that agency. Examples of statutory language indicating separate employment systems include “members, officers, and employees of the agency are not federal employees for any purpose”9 or “rates of basic pay for all employees may be set and adjusted by the agency without regard to civil service provisions.”10 Other statutes allow for some agency employees to fall outside of civil service provisions but place limitations on the number. Examples of this sort of language include the agency “may appoint not more than 425 of the scientific, engineering, and administrative personnel of the Administration without regard to civil service laws.”11 Agency-specific personnel system is coded (3) if 5 U.S.C.A. § 5102 excepts agency employees from the definition of “employee;” (2) if the agency’s statute permits the agency to use employment systems particular to that agency; (1) if the agency statute allows a limited number of employees to fall outside of civil service 7 42 U.S.C. § 12651b(b) (2012). 8 5 U.S.C. § 5102 (2012). 9 40 U.S.C. § 14301(b)(3) (2012) (Appalachian Regional Commission). 10 7 U.S.C. § 2(a)(7)(B) (2012) (Commodities Futures Trading Commission). 11 51 U.S.C. § 20113(b)(1) (2012) (National Aeronautics and Space Administration). provisions; (0) the statute does not specifically allow for any agency employees to fall outside of civil service provisions. Source: 5 U.S.C. §A. § 5012 (2012); Agency statute. Limitation on Appointments: Expertise: (1) Statute places an expertise or experience limitation on the nomination/selection of members or commissioners or the agency head; (0) Statute does not place an expertise or experience limitation on members/commissioners/agency head. For example, the statute authorizing the Chemical Safety Hazard and Investigation Board states, “Members of the Board shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety engineering, human factors, toxicology, or air pollution regulation.”12 Source: Agency statute. LLExpertise: (1) Statute places an expertise or experience limitation on the nomination/selection of individuals below the level of agency head; (0) Statute does not place an expertise or experience limitation on members/commissioners/agency head. For example, the Judge Advocate General of the U.S. Army “shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court of the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned officers.”13 Expertise requirements for members of advisory commissions are excluded from this variable. Source: Agency statute. Conflict of Interest: (1) Statute places a conflict of interest limitation on the nomination/selection of members; (0) Statute does not place a conflict of interest limitation on members. For example the statute authorizing the Commodity Futures Trading Commission states, “No Commissioner or employee of the Commission shall accept employment or compensation from any person, exchange, or clearinghouse subject to regulation by the Commission under this chapter during his term of office, nor shall he participate, directly or indirectly, in any registered entity operations or transactions of a character subject to regulation by the Commission.”14 Source: Agency statute. Congressional Input: (1) Statute provides some mechanism for congressional input in the nomination process aside from confirmation; (0) Statute does not provide 12 42 U.S.C.
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