[20180718]LSB10172_总统可以通过行政命令修改法规吗？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Can a President Amend Regulations by Executive Order? July 18, 2018 An executive order signed by President Trump on July 10, 2018, raises the question of whether a Presidentwith the stroke of a pencan amend federal rules codified in the Code of Federal Regulations (CFR). In Executive Order 13843, the President changed the hiring process for administrative law judges (ALJs), “excepting” them from the competitive service. Somewhat unusually, the order directly amends three provisions in the CFR, rather than directing an agency to amend the regulations. Generally, rules may only be amended through special procedures governed by the Administrative Procedure Act (APA). This process, known as notice-and-comment rulemaking, usually requires advance notice and a period for public comment on proposed rule amendments. As a result, Executive Order 13843 raises the question of whether the President, if otherwise vested with the authority to make rules, could bypass this normal process and directly amend the rule by executive order. Supreme Court precedent suggests that presidential actions, such as execut