Statement on ABA Proposals to Amend APA

At its 2016 Midyear Meeting, the ABA's House of Delegates approved Resolution 106B. The resolution proposes various reforms to the rulemaking provisions of the Administrative Procedure Act, many of which embrace principles endorsed in past ACUS recommendations. This project reviewed the resolution and served as an opportunity for the Conference to offer comments, where appropriate. At its April 26, 2016 meeting, the Committee on Rulemaking chose not to proceed with a formal statement on ABA Resolution 106B. A comparison chart identifies points of overlap between the resolution and past ACUS recommendations.