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Bush Is Putting Team in Place for a Full-Bore Assault on Regulation

By STEPHEN LABATON
New York Times

WASHINGTON, May 22 — Across an array of federal agencies, the Bush
administration has begun to make good on its commitment of broad
deregulation, promoting a policy transformation long sought by the business
community and opposed by consumer, labor and environmental organizations.

Well beyond the intersecting spheres of energy and the environment, where the
shifting policies have been apparent for months and crystallized last week in
the proposal for a relaxation of regulations to encourage energy development,
the scaffolding of a new regulatory framework is taking shape.

It would affect antitrust enforcement, telecommunications, workplace rules,
consumer protections, financial services and even how the military and other
agencies buy goods and services from the private sector.

For instance, Mary Sheila Gall, the official selected to head the Consumer
Product Safety Commission, has a decade-long track record at the agency of
voting against proposed safety rules because she has often said that injuries
are caused not by faulty product designs but by negligent consumers. Her
record has attracted widespread support from many manufacturers and strong
criticism from Consumers Union and other similar groups.

She has criticized the agency for promoting "a federal nanny state." Safety
experts and industry executives predict that after she takes over, a number
of proposals under consideration, like one requiring flame-resistant
treatment of upholstered furniture and another regulating baby bath seats,
will be dropped.

Timothy J. Muris, the nominee to head the Federal Trade Commission, has
repeatedly said that the Clinton administration was insensitive to the
economic benefits of large corporate mergers and too aggressive in bringing
major monopoly cases and challenging a large airline for predatory pricing.
Mr. Muris, a top antitrust official in the Reagan administration, complained
at his Senate confirmation hearing last Wednesday that under the previous
administration, "there were many large monopoly investigations at the
Department of Justice sending a signal that I thought was inappropriate."

And John D. Graham, another Bush appointee for a senior regulatory post, has
long maintained that the federal government has imposed too many onerous
environmental, health and safety regulations on big business without properly
calculating the financial costs of such regulations.

Dr. Graham, a Harvard professor whose research on risks has been sponsored by
corporations with stakes in the outcome of regulatory debates, has maintained
that exposure to low levels of dioxins, which the government classifies as a
human carcinogen, may actually reduce cancer and that there is insufficient
evidence to demonstrate any harmful effect of residual pesticides on food. He
is expected to become the White House's senior budget official for reviewing
almost every proposed federal regulation.

The approach being pursued by the Bush regulators involves a far more
rigorous examination of the financial costs and benefits of regulation, one
that experts predict will tip the balance of power from consumer,
environmental and labor groups to businesses and will lead to a wholesale
elimination of scores of rules that have prevented American companies from
both growing and having more flexibility in making business decisions.

Supporters of the existing regulations say that the rules promote many
benefits that are not easily quantifiable and are certain to be overlooked
under such cost-benefit analyses, from protecting consumers from dangerous
products to preserving the environment and limiting companies from dominating
certain crucial industries like telecommunications. But the administration is
sympathetic to companies that have been deeply critical of the financial
costs of such rules.

"There are those who believe cost should be no object," said Mitchell E.
Daniels Jr., the White House budget director and a central player in the
regulatory process. "They take the position that if an objective feels good,
we should impose a regulation without regard to costs. That's not a very
realistic approach."

While many of the Bush appointees are still awaiting confirmation, leaders of
American businesses say they can already feel the different regulatory
climate in Washington.

"Under Clinton, some of the regulatory agencies had a view that they didn't
trust business and the government did a lot of things even if they had to go
over the line," said Thomas J. Donohue, president and chief executive of the
United States Chamber of Commerce. "The Bush guys have more of an
understanding of the effect of regulation on the business community and on
the economy. And they are doing it while there is an energy crisis on their
hands and an economy that is not doing well."

But others say that the administration is simply repaying its campaign debts
to its most important supporters.

"The big oak tree is bending all the way over," said Joan Claybrook,
president of Public Citizen, a public advocacy group, and a senior safety
regulator in the Carter administration. "Bush is going full bore to support
his industry supporters. He wants to completely change the regulatory process
to be one that supports the industry."

Not since the Reagan administration's wholesale reversals of regulatory
policies have the scales tipped so abruptly, according to lobbyists for both
sides in the long-running regulatory debate.

Just as during the so-called Reagan Revolution, the deregulatory renaissance
is largely a reflection of the pro-business agenda that President Bush
campaigned on. But the change is especially swift this time because Congress
and the White House are controlled by the Republicans for the first time in
nearly half a century. When the legislative and executive branches of
government are controlled by different parties, the regulatory agencies
typically take more moderate positions as they walk a line between Congress
and the White House.

While Bill Clinton and his administration courted business from Silicon
Valley to Wall Street, certain agencies in the 1990's were far more
aggressive in their rules and enforcement than in the prior administration.
This could be seen in actions ranging from the Microsoft antitrust case to
enforcement of environmental regulations.

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