When NGOs Make the Rules: Safeguarding State Sovereignty
State policymakers in Missouri and elsewhere often face the daunting task of crafting complex regulations. Enter nongovernmental organizations (NGOs), ready with model rules and expert recommendations. But as two recent reports caution—Beware the Trojan Horse of Rulemaking Nongovernment Organizations from The Buckeye Institute in Ohio and NGOs and Their Effect on Regulatory Policy from the Texas Public Policy Foundation—accepting these ready-made regulations can undermine state sovereignty and bypass public accountability.
Both reports warn against uncritical reliance on NGOs. The Buckeye Institute’s report highlights how groups like the National Association of Insurance Commissioners (NAIC) and the International Code Council (ICC) provide prepackaged regulations that states often adopt with minimal changes. This might simplify rulemaking but risks surrendering control over policies meant to serve unique state interests.
Similarly, the Texas Public Policy Foundation stresses that NGOs wield significant influence due to their specialized knowledge. However, when this expertise is accepted without scrutiny, state leaders may find themselves locked into policies shaped by national or even global agendas, often misaligned with local priorities.
Transparency emerges as a key recommendation from both reports. The Buckeye Institute calls for opening up the entire regulatory process, urging state governments to publicly disclose all interactions with NGOs, including drafts, meetings, and financial agreements. This would allow taxpayers to see who’s behind the policies affecting their lives.
The Texas Public Policy Foundation also emphasizes transparency but frames it as a cautionary principle: state leaders must “exercise extra caution and deliberation” when adopting NGO-driven proposals. Their point is simple—just because NGOs offer expertise doesn’t mean their rules are the best fit for every state.
The Buckeye Institute goes further by offering specific policy solutions:
- Legislative Oversight: Every NGO-driven regulation should face legislative review before adoption.
- Public Input: Create forums for broader public participation in the rulemaking process to counterbalance NGO influence.
- Tailored Standards: States should adapt model rules to fit local contexts rather than adopting them wholesale.
The Texas Public Policy Foundation takes a broader approach, focusing more on raising awareness about the issue. The message: recognize the influence NGOs wield and remain vigilant.
Missouri’s policymakers should take these warnings seriously. Kansas City’s adoption of the 2021 International Energy Conservation Code (IECC) serves as a cautionary tale. The city’s unmodified adoption of the more costly standards stalled new home construction.
Missouri must balance benefiting from NGO expertise with preserving state sovereignty. Public transparency, legislative oversight, and tailored regulations are essential safeguards.
As the Buckeye report warns, if policymakers fail to inspect every policy offer carefully, they risk inviting a Trojan Horse into state rulemaking—complete with hidden costs and unintended consequences. In an era of growing regulatory complexity, vigilance is necessary.
