Executive Order 13893, signed on October 10, 2019, reinstated Administrative PAYGO requirements that fundamentally altered how federal agencies develop and implement new regulations. The mechanism operates straightforwardly: any agency proposing a new regulation must first identify and eliminate or substantially revise existing regulations with equal or greater costs. This "offset" requirement was designed to prevent regulatory expansion without corresponding deregulation, creating a zero-sum framework for the administrative state.
The practical impact falls directly on Americans across multiple sectors. Environmental agencies face constraints in strengthening pollution standards or climate-related rules without dismantling comparable environmental protections. Labor departments cannot expand worker safety requirements without eliminating existing labor rules of similar magnitude. Consumer protection agencies must choose between new financial regulations or existing consumer safeguards. Ordinary citizens dependent on these regulations for clean water, workplace safety, and product quality face a calculus where new protections become administratively contingent on eliminating old ones, effectively creating a regulatory standstill.
This executive order reflects a broader pattern within the Trump administration's approach to institutional governance and democratic processes. Like the executive orders targeting law firms representing political adversaries or the mass pardon authority exercised without transparency, Administrative PAYGO concentrates discretionary power while constraining institutional checks. The mechanism differs from direct political interference—it operates through procedural rather than personnel-based control—yet achieves similar outcomes by systematizing bias against regulatory action. Where earlier Trump actions directly manipulated voting systems, prosecutorial discretion, and judicial appointments, this order embedded anti-regulatory ideology into administrative routine itself.
The legal status remains largely unresolved. No major litigation has definitively challenged the order's constitutionality, though regulatory scholars have questioned whether such blanket requirements unlawfully constrain agency discretion granted by Congress through individual statutes. Congress retains authority to override the order through legislation, though partisan polarization has prevented such action. Reversing the order would require either congressional action or a subsequent executive order restoring agency flexibility in regulatory development.
Administrative PAYGO reinvigorated through executive order
🗳️ Democracy · First Term (2017–2021) · 🤖 AI-categorized
Executive Order 13893 was signed on October 10, 2019, reinstating Administrative PAYGO requirements that mandate federal agencies offset the cost of new regulations by eliminating or revising existing regulations of equal or greater cost. The order requires agencies to identify and remove regulations before implementing new ones, directly affecting the regulatory review process for rules that impact Americans across sectors including environment, labor, and consumer protection.