President Bush yesterday named Susan Dudley as Acting Administrator of the White House Office of Information and Regulatory Affairs. Dudley is currently the administrator of OIRA, but, because Bush appointed her during a Senate recess, her appointment has expired.

Dudley could remain in charge of OIRA until President-Elect Obama nominates, and the Senate confirms, a new OIRA administrator — unless Obama appoints a different acting administrator upon taking office. According to BNA news service (subscription) "It was widely expected that Kevin Neyland, deputy administrator of OIRA, would take over as administrator in an acting capacity when Dudley's appointment expired."

If the process for installing Obama's pick for OIRA drags out, Dudley could end up serving in the Obama administration for a time. That could create quite the conflict — especially if Obama decides in his first few days to address any of the Bush administration's midnight regulations which Dudley had a hand in crafting.

Dudley's nomination to be OIRA administrator was opposed by public interest groups, including OMB Watch, because of her antipathy toward government regulation. Dudley received a recess appointment in April 2007. Under the Constitution, recess appointees are only permitted to serve through the end of the next session of Congress. When Congress reconvened yesterday, Dudley was out of the job. However, Bush was able to circumvent that pesky Constitutional provision by designating Dudley as an acting administrator.