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Thursday, May 10, 2007

Dudley Inconsistent on Review of Guidance

Today, BNA news service (subscription) published the recap of a lengthy interview with new White House regulatory czar Susan Dudley, conducted by reporter Ralph Lindeman. Dudley claimed she does not anticipate any delay in the issuance of agency guidance documents during her tenure.

In January, President Bush amended the regulatory review process. Among the changes, the White House will begin reviewing agency guidance documents (interpretive memos, policy statements, etc.) for the first time. In April, Bush recess appointed Susan Dudley to head the Office of Information and Regulatory Affairs (OIRA) which gives her the responsibility of carrying out guidance review when the changes take effect in July.

Much of the rhetoric spewing out of the White House has been vague, but a few things are clear: OIRA will be reviewing agency guidance documents (possibly hundreds per year) for the first time; OIRA will not be adding additional staff; and, subsequently, the administrative mud that is the regulatory review process is about to become thicker and deeper.

As Reg•Watch blogged recently, OIRA review of guidance (currently voluntary) is already resulting in delay. But in the interview, Dudley refused to acknowledge the potential for delay, claiming OIRA will treat guidance document differently than it does regulations. This is at odds with the new White House directives, which outline a process for review of guidance quite similar to that of regulations. Moreover, if Dudley believes guidance will move through OIRA quickly and result in no noticeable change in the speed of their issuance, why did the White House make these changes at all?

Ultimately, Dudley acknowledged timetables for review of guidance "haven't been resolved." This is despite a recent memo which OIRA issued with the intention of defining how these changes will affect agency practices. The memo, written by Dudley, states "OIRA will complete its consultative process within 30 days or, at that time, advise the agency when consultation will be complete." Based on Dudley's own words, it seems like there will be ample opportunity for delay.