Two senators sent a letter to White House Office of Management and Budget (OMB) Director Rob Portman urging OMB to abandon its plans for government-wide risk assessment standards. The letter comes shortly after the White House indicated it may renew its efforts on finalizing the standards.

In January 2006, OMB issued its Proposed Risk Assessment Bulletin. The Bulletin calls for strict and uniform standards for agency risk assessments. Federal agencies use the process of risk assessment to evaluate the extent to which public hazards may adversely affect health, safety and the environment. Risk assessments are important to scientific and technical understanding of a wide array of issues. They may also be a component of the cost-benefit analyses OMB requires for many proposed regulations.

OMB subjected the Bulletin to a notice-and-comment period and a peer review. Both commenters and peer reviewers found fault with the proposed guidelines. In comments, OMB Watch and Public Citizen argued the Bulletin, if finalized, would "hinder agency response to risks facing the public" and "taint science with White House politics." The Bulletin was also consistently criticized for reducing agency discretion and attempting to institute a one-size-fits-all approach across a wide range of scientific disciplines and their respective risk assessment methods.

The peer review produced the most damaging criticism of all. OMB asked the National Research Council (NRC) — an arm of the National Academies of Science often providing science policy advice to decision makers — to peer review the Bulletin. In January 2007, NRC completed its review and issued a stinging rebuke.

NRC did not oppose the idea of OMB guidelines on risk assessment but determined the Proposed Risk Assessment Bulletin, in its current form, "could not be rescued." NRC criticized the Bulletin on specific matters such as its manipulation of statistical risk interpretation, which could discount vulnerable populations. More generally, NRC criticized the Bulletin's definition of a risk assessment — which incorrectly defined it as a document instead of a process. Ultimately, NRC found that "the OMB bulletin is fundamentally flawed and recommends that it be withdrawn." It is rare for NRC to make such strong recommendations.

In response to the peer review, OMB tabled the proposal. Lawmakers on Capitol Hill supported withdrawal of the Bulletin. Rep. Bart Gordon (D-TN) said, "Congress has repeatedly rejected one-size-fits all approaches to developing scientific and technical information." He went on to say, "OMB should withdraw this Bulletin promptly and abandon its attempts to micromanage agencies' work."

The issue of the Bulletin did not emerge again until May 9. In an interview with BNA news service (subscription), Susan Dudley, the new, recess-appointed administrator of OMB's Office of Information and Regulatory Affairs, indicated the White House may make a renewed push on the Bulletin. In the article, Dudley is quoted as stating, "The National Academies didn't say 'you shouldn't do this.' They said 'this is a good idea but here are some problems.'" Dudley's statement appears to be at odds with the written recommendations of the NRC peer review.

On May 14, unrelated to the Dudley statement, Sens. Jeff Bingaman (D-NM) and Joe Lieberman (I-CT) sent a letter to Portman urging OMB to permanently withdraw the Bulletin. The letter extensively cites the flaws identified by NRC. In concluding the letter, the senators state, "Finalizing the proposed OMB guidance would impede federal agencies' ability to develop public health and environmental protections, promote public safety, encourage good business practices, improve consumer protections, and efficiently use taxpayer funds."

The fate of the Risk Assessment Bulletin is unclear. However, it is quite likely OMB will make a concerted attempt to impose some form of risk assessment guidance before the end of the Bush administration. The letter from Bingaman and Lieberman indicates OMB will not be able to do so without Congressional scrutiny, especially since Lieberman chairs the Senate committee that oversees OMB.