Republican presidential nominee Donald Trump said Monday that if elected, he would issue a moratorium on new regulations, but he might be hard-pressed to enforce such an edict with independent agencies such as the NCUA.
In the text of a speech delivered to the Detroit Economic Club on Monday, Trump vowed to cease the flow of new rules.
“Upon taking office, I will issue a temporary moratorium on new agency regulations,” he said, adding that Republican vice presidential nominee Gov. Mike Pence of Indiana issued a similar order when he became governor.
Trump vowed to go further.
“Next, I will ask each and every federal agency to prepare a list of all of the regulations they impose on Americans, which are not necessary, do not improve public safety and which needlessly kill jobs,” he said. “Those regulations will be eliminated.”
A lobbyist for Public Citizen, a group that advocates for strict regulations, said a U.S. president would not have the power to issue such an order covering agencies like the NCUA.
“Presidential executive orders are not binding on independent regulatory agencies,” Craig Holman, the group’s government affairs lobbyist, said. “However, executive orders frequently have been issued to independent regulatory agencies asking for their compliance.”
He cited a 2011 executive order issued by President Obama. That order urged independent agencies to use a regulatory system that protects “public health, welfare, safety and our environment while promoting economic growth, innovation, competitiveness and job creation.”
That executive order also made it clear that Obama was not exercising power over independent bodies.
“It is understood that this guidance is issued with full respect for the independence of the agencies to which it is addressed, and hence nothing said here is meant to be binding,” the order said.
In addition, Sens. Rob Portman (R-Ohio) and Mark Warner (D-Va.) have proposed legislation that would require independent agencies to conduct cost-benefit analyses of proposed rules. However, that legislation would not authorize the president to review rules before they are finalized.
The Congressional Research Service has said that a president could try to make independent agencies comply with executive orders, but he and the courts would be hard-pressed to enforce the order.
