Senate Oks ‘Legislative Veto’ Over Environmental, Safety Rules

Moving to assert new authority over the executive branch, the Senate unanimously approved legislation Wednesday that would give Congress power to block all rules issued by federal agencies aimed at protecting the environment and public health and safety.

The vote was a big victory for American business, which has complained for years about what it says are onerous rules that stifle competitiveness, and a defeat for consumer, public interest and environmental groups.

“Regulations are a hidden tax on every American and they must be brought under control,” said Sen. Don Nickles, R-Okla., the bill’s co-author. “This bipartisan bill sends a clear message to the regulators at every federal agency that Congress is ready to accept its oversight responsibilities.”

Sen. Harry Reid, D-Nev., the other coauthor, called the measure an antidote to “regulatory excesses” and the “armies of bureaucrats (who) are turning simple laws into complex rules that go way beyond congressional intent.”

The Republican-initiated drive to curtail administrative rule-making began earlier this year in the House, which has adopted a yearlong moratorium on the issuance of new regulations - pending congressional enactment of broader regulatory reforms.

But the Senate bill takes a different approach. It gives Congress - on a permanent basis - 45 days to block any new rule from taking effect that has a projected economic impact of $100 million or more. Such a process would require a majority vote by both houses. A president could veto the congressional action blocking a rule, but Congress could override with a two-thirds vote.

Only emergency rules would be exempt from such congressional review. Both the Senate and House bills would be retroactive to Nov. 20, 1994.

The differences between the House and Senate bills must be resolved in a conference committee and the prospects for a compromise were not clear Wednesday. House Majority Whip Tom DeLay, R-Texas, who drafted the House version with considerable input from business lobbyists, is said to be determined to retain the moratorium.

Consumer advocacy groups have assailed both measures but particularly the House version, as a hindrance to public and environmental protection and an invitation to special interests to assert themselves in the rulemaking process.

The Senate vote Wednesday also was noteworthy because it came on a day that may mark a turning point in this Congress.

Since the Republicans took control of the House in January, they have all but tripped over one another in a drive to reduce congressional prerogatives and authority. They have trimmed committee staffs by onethird, eliminated three House committees, killed funding for legislative service organizations and given the president a line-item veto to delete congressional appropriations and some tax measures.

With the Senate vote giving Congress what amounts to a “legislative veto” over rulemaking, said Reid, “we are reasserting the powers of the legislative branch.”

Federal agencies now write detailed rules and regulations to carry out laws passed by Congress. But there is no expedited procedure for Congress to significantly alter, much less block, such rules and regulations - short of amending or changing the underlying law, according to congressional staff members.