Dear Acting Administrator Bershteyn:
Thank you for taking the time to discuss the status of the Spring 2012 Unified Agenda ("Spring Agenda") on October 12, 2012. It became clear during our conversation that rather than publishing the Spring Agenda, the Office of Information and Regulatory Affairs (OIRA) is working to publish the Fall 2012 Unified Agenda ("Fall Agenda"). OIRA's handling of the Spring Agenda is unacceptable and unlawful. To ensure OIRA meets its deadlines and the American people are no longer denied this important information, we write to request information and documents relating to the Spring and Fall Agendas.
The Regulatory Flexibility Act of 1980 requires federal agencies to publish, in April and October, a semiannual regulatory agenda in the Federal Register describing economically significant regulatory actions being developed. Executive Order 12866 requires agencies to publish every 6 months a regulatory agenda including all regulations under development or review during the 12 months following publication. The Office of Management and Budget (OMB) directed federal agencies to submit all Spring Agenda materials to OMB by April 13, 2012.
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Representative John Kline
Representative Virginia Foxx
Representative David Roe
Representative Tim Walberg