Modernizing the Administrative Procedure Act

Abstract

Despite dramatic changes in the modern regulatory state over the last seven decades, Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen times since its enactment in 1946. The current political climate may present an ideal opportunity for much-needed bipartisan legislative action. This Essay introduces the American Bar Association’s 2016 consensus-driven recommendations to reform the Administrative Procedure Act and then concludes that the Portman-Heitkamp Regulatory Accountability Act of 2017, which incorporates seven of the ABA’s nine recommendations, is the type of common-sense, bipartisan legislation needed to modernize the APA.

Keywords: administrative law, Administrative Procedure Act, APA, rulemaking, regulation, Regulatory Accountability Act