Regulatory Independence Fund: Adequately Funding Rule-Making Agencies to Match Industry Legal Resources
Description
Reduce regulatory capture by addressing the root cause — the resource asymmetry between regulatory agencies and the industries they regulate — through a dedicated Regulatory Independence Fund (RIF) that provides automatic, multi-year funding to major regulatory agencies independent of political budget cycles.
The RIF has four key components: (1) Statutory minimum funding floors: Each major regulatory agency (FDA, EPA, OSHA, FTC, etc.) receives funding equal to 5% of the annual revenue of the sectors it regulates. This aligns regulatory resources with industry size and ensures underfunding is not an excuse for capture.
(2) Dedicated rule-making budgets for high-priority areas (safety, environmental impact assessment, market integrity) that cannot be raided for other agency purposes.
(3) Legal defense fund: Agencies can draw dedicated resources for defending rules against industry litigation, eliminating the current dynamic where agencies win at the scientific/technical level but lose in court because they lack adequate legal resources.
(4) Talent pipeline: Regulatory agencies can offer salaries competitive with private sector counterparts (currently 30-50% lower), reducing the revolving door incentive. Modeled on the independence model used for independent central banks, the RIF removes annual budget negotiations that create points of political leverage.
Implementation Pathway
Phase 1 (2026–2027)
- • Congress enacts RIF statute establishing funding formula and governance structure
- • RIF capitalized at $50B from general revenue
- • First cohort of agencies receives funding increase to statutory minimums
Phase 2 (2027–2030)
- • All major regulatory agencies reach 5% revenue funding threshold
- • Legal defense fund deployed in 100+ high-priority rule litigation cases
- • Regulator compensation reaches 85% of comparable private sector positions
Phase 3 (2030+)
- • Regulatory agency capacity normalized relative to industry resources
- • Rule-making timelines compressed to 18–24 months from current 5+ years
- • Industry litigation success rate for challenging rules drops from 40% to 15%
Required Resources
Impact Analysis
Overall Net Impact
Combined analysis across all timeframes
Short-term
0-2 years
No benefits identified
No harms identified
Mid-term
3-10 years
No benefits identified
No harms identified
Long-term
10+ years
No benefits identified
No harms identified
