The Quality and Use of Regulatory Impact Analysis in the United States James Broughel Program Manager, Regulatory Studies Program Mercatus Center at George Mason University Arlington, Virginia USA www.mercatus.org/reportcard Why Are We Doing This Project? 1) Agency Accountability 2) Better Analysis = Better Rules 3) Academic Research 4) Stakeholder Participation Project Description 1) 12 criteria from E.O. 12866 and Circular A-4 2) Proposed “economically significant” regulations 3) Team of economists 4) Read RIA and entire Federal Register preamble 5) Qualitative evaluation with numerical scores 6) 2008 to present Scoring Criteria - Openness • • • • Accessibility Data documentation Research documentation Clarity Scoring Criteria - Analysis • • • • Systemic problem/Market Failure Outcome definition Alternatives Benefit-Cost Scoring Criteria - Use • • • • Evidence of use of analysis Cognizance of net benefits Goals and measures Data for retrospective analysis Evaluation Scale 5 Complete analysis of all or almost all aspects, with one or more “best practices” 4 Reasonably thorough analysis of most aspects and/or shows at least one "best practice" 3 Reasonably thorough analysis of some aspects 2 Some relevant discussion with some documentation of analysis 1 Perfunctory statement with little explanation or documentation 0 Little or no relevant content 12 criteria 0-5 points each Total Score: 0-60 points Highest Possible Score = 60 points Best score ever: 48/60 points (80%) Average 2008-12: 28/60 points (47%) Report Card findings • Little difference in average quality of analysis between administrations • Lower-quality analysis comes from agencies whose policy preferences (ideologies) are closer to the administration’s • “Midnight” regulations and regulations left for the next administration to finalize have worse analysis • Agencies are more likely to claim they used an analysis if its quality is higher Average Scores by criterion (2008-2012) Criteria Score* Outcome definition 3.2 Alternatives 2.8 Some use of analysis 2.2 Systemic problem 2.2 Retrospective data 1.6 Goals and measures 1.3 * Scores out of 5 possible points Outcomes • Analysis cited in peer reviewed literature. • Regulation & Governance, Risk Analysis • Cited in legislation • The Regulatory Accountability Act • Positive feedback on project has led to other projects exploring costs of regulation, and growth of regulation over time • Cost Calculator, RegData