 From Legislation to Regulation Jason Webb Yackee UW Law School Susan Webb Yackee UW-Madison 2/2015: Preliminary Work; Please Do Not Cite Without Permission

Delegation  Lack of Research Matching the (1) Demand for Delegated Policy with (2) Supply of that Policy  Agency Perspective is Often Missing  Implications for Congress, Bureaucracy, Law, and Policymaking  Widely Studied Congress-Bureaucracy (Ex Ante) A. Admin. Procedures (MNW) B. Statutory Specification (Huber and Shipan)

 Research Question: Why do agencies fail to regulate when commanded to do so? Why are some congressional laws not acted upon by government agencies?

Why? Why “Respond”?  Substantive Statute  Member/Voting  External Political Environment Why “Ignore”?  Workload/Resources  Other Priorities  Ex Post Oversight Weak

Measurement Demand  All Statutes giving Rule- Writing Authority to Secretary of Interior (DOI)  (1,058 Stat.)  (392 Stat.) Supply  All DOI NPRMs (and FRs)  (3,086 NPRMs)  Why DOI?  Authority Citation  One Would Expect… MATCH

Demand, Average=11.5 New Statutes Per Year

Demand,

Supply,

The Match Data  36% of Statutes Match with NPRMs  59% of Mandatory Statutes Match  EX) In 1987, at least 5 NPRMs were issued using only Discretionary Statutes, while 31 Mandatory Statutes (in the data) had not yet resulted in an NPRM.  68% Deadline Statutes Match Statutes w/1+ 1. Descriptives  Mode1  Median= 3  Range= 1 to Time to 1 st NPRM  Median= 1.76 years  Range= <1 to 32 years

Demand and Supply FWS 80% Matched NPS 62% Matched BIA 47% Matched BLM 47% Matched

First Look  Substantive Statute  Mandatory (+)*  Deadline (+)*  Statute Significance (+)*  Multiple Authority (+)  Statute Specificity (+)  Member/Voting  Conference Committee (-)  Vote Unanimity (+)  External Political Environment  Divided Gov’t (+/-)*  CQ Story (+)*  SOU (+)*  Senate Hearings (+)*  DC Court of Appeals (+)  Presidential Party (-)  Workload/Resources  Final Rules (-)  Employees (+)/(-)*  Budgets (+) Logit Model DV = Any NPRM Indicators = Agency & Decades Fit = Solid

Conclusion  Next Steps  P1) Adding Committee Info, Hearing Reports, and Co- Sponsors  P2) Event History Modeling  P3) Regulation Based Analyses  Implications  Delegation and Discretion  Are These “Closely” Linked?  How Much Slippage is Acceptable?  How “Long” is too “Long” for Responsiveness?

Thank you! Jason Webb Yackee Associate Professor UW Law School Susan Webb Yackee Professor UW-Madison

Demand, Standardized by Total # of Public Laws Standardized = 2.5%

Demand,

Demand, Statutes with Multiple Grants of Rulemaking

Demand, Frequency of Authorizing Words in Statutes by Year

Congress President Textbook Treatment Do These “Details” Matter? 1.Outcome is Important = Substance 2.Process is Important = Implement Policy Policymaking in Agencies Administrative Agency

Administrative Procedure Act of 1946 Draft Rule (NPRM) Public Comment Final Rule The Notice and Comment Rulemaking General Policy Decisions (Legally-Binding) Clearest Ex. of Delegated Policymaking

Demand and Supply FWS 67% Matched; 80% Matched NPS 50% Matched; 62% Matched BIA 20% Matched; 47% Matched BLM 38% Matched; 47% Matched