This appendix details the coding rules used to compile the data sets in our study. As a general rule, each of the data sets was coded independently by two different researchers, and then checked over by a third. Upon final entry, each law was then checked a fourth and final time by the authors.

MAJOR PROVISIONS

For the most part, counting the number of major provisions listed in Congressional Quarterly's legislative summaries was straightforward: Each new paragraph counted as a provision. In difficult cases, we followed these rules:

• Bullets and paragraphs count as separate provisions.

• Sub-bullets do not count if they merely elaborate on the previous paragraph.

• Sub-bullets do count if they include new substantive authority.

• Unbulleted paragraphs count as a separate provision if they are substantively distinct from the previous, bulleted paragraph.

• If a paragraph is followed by a colon and a list of elements, and if the elements of the list merely elaborate on the main point of the paragraph, then we count the paragraph and accompanying list as one provision.

DELEGATION

Our definition of delegation is any major provision that gives another governmental body the authority to move policy away from the status quo. To maintain consistency across laws, we developed the following guidelines.

Examples of what delegation is:

• The authorization of a new program with some discretionary powers;

• Discretion to make or modify decision-making criteria;

• Extension of discretionary authority that would otherwise expire;

• The creation of a new commission, board, or agency;

• Demonstration projects;

• Grants and loans where the agency determines the size of the award and/or the recipients;

• The right to issue subpoenas;

• The right to bring suit or intervene in an existing suit;

• The right to issue waivers;

• The ability to enter into contracts.