Fighting for the Right to the Rules

Sally Katzen, former head of OMB's regulatory-review office under President Bill Clinton, was critical of the Bush order at a third hearing, before the House Judiciary subcommittee on commercial and administrative law in February. "This is not good government," she said.

"It over-politicizes the rulemaking system, it gives the White House unaccountable power over the agencies and it raises some constitutional issues," Gary Bass, executive director of OMB Watch, said in an interview. The nonprofit group monitors executive-branch actions.

There is widespread agreement that every administration tries to manage regulatory policy and that politics comes into play. Bass said this administration has put political considerations first, ignoring relevant data and scientific research, which should be an essential element of any regulatory decision.

The Bush administration was active, even before the new executive order, in reducing the clout of agency rulemakers. It issued "bulletins" that required agencies to get their rules reviewed by outside experts, subject their data to public challenge and quantify the risks that rulemaking addresses.

Controlling the White House and Congress until this year let the Republicans shape what starts or stops a rule and whether it is issued in a timely manner. The new executive order inflamed some public interest groups and Democrats, who now have the majority in Congress.

Susan E. Dudley, who was appointed by Bush to head OMB's regulatory-review office under a recess appointment in April, said the executive order's provisions are misunderstood.

Having a high-level, readily identifiable regulatory policy officer makes the rulemaking process more transparent, not less, Dudley said. That's because someone can be held accountable for a decision.

The OMB's Web site lists which positions the new regulatory policy officers hold but not their names. The OMB did supply the 29 names to Bloomberg News. They include deputy Cabinet secretaries, general counsels and other senior officials.

"It's surprising to us someone would think it was a bad idea, when it's a good government measure," Dudley said of the executive order.

Cindy Skrzycki is a regulatory columnist for Bloomberg News. She can reached atcskrzycki@bloomberg.net.