Lawmakers' Preferences for Bureaucratic Discretion: The Clean Air Act Amendments of 1990 and the Telecommunications Act of 1996

Research on delegation stresses that chief executives are “privileged actors” well positioned to influence bureaucratic policy decisions. Therefore, legislative coalitions provide less authority to agencies when they disagree with executives about what policy should look like. Otherwise, executives would take advantage of voluminous agency discretion to direct bureaucrats to make decisions inconsistent with legislative coalitions’ policy goals. I stress that, in the U.S. lawmaking system, congressional committees are also privileged actors. As such—as with the president—those who experience policy disagreement with committees should wish to limit bureaucratic discretion. In addition, I examine individual lawmakers’ preferences for bureaucratic discretion to evaluate this perspective on agency design. As policy disagreement increases between senators and the Senate committee that oversees the agency/agencies receiving authority, senators prefer to limit the volume of discretion agencies receive.