A century-old question has recently resurfaced as a major controversy: How much detail must Congress provide to agencies when it delegates power? Some think that Congress is incapable of providing detailed instructions to agencies and that Congress merely gives agencies the green light to act, but the agencies should then determine all the important details. This research report challenges that perspective, analyzing in depth the statutory delegations involving major regulations issued over two years (2014 and 2018) and concluding that Congress provides at least reasonably detailed instructions roughly half the time. When Congress does not give much detail about how to regulate, it often gives agencies clear directions for how to determine the details. This research report also argues that Congress should be expected to meet that higher bar and that if the Supreme Court decides to ratchet up the nondelegation rule and require more of Congress (as many believe it might), Congress is up to the task. Also, by providing more detailed directions to agencies, Congress can help to cool the partisan passions that have enveloped the administrative state in recent years.

Read the full report here.