How to reverse the vetocracy

Since publishing some work earlier this year about vetocracy, I have been thinking about how we might be able to reverse the trends. Here are some ideas.

  • Refactoring / reform
  • Time limits / shotclocks
    • The Federal Communications Commission applied to the shot clock idea “to approval of personal wireless facilities, thereby turning timeframes for municipal review and approval or disapproval of applications to deploy wireless facilities into a possible federal claim, if not met.”
    • The Prescription Drug User Fee Acts (PDUFA) “mandated FDA performance goals in reviewing and acting on drug applications within specified time periods, in return for levying fees on drug manufacturers' submissions.” One paper found that “PDUFA raised the private surplus of producers, and thus innovative returns, by about \$7 to \$11 billion.”
  • Create exemptions / exclusions
    • A categorical exclusion (CE) is a class of actions that a Federal agency has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement is normally required. The use of categorical exclusions can reduce paperwork and save time and resources. On the topic of NEPA categorical exemptions, see Eli’s post here.
    • Expand one exception area into another like the OTARD rules at the FCC.
    • Are regulatory sandboxes their own category or a kind of exemption? 
  • Make rights alienable
  • Other areas to research

First published Nov 29, 2022