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EO 13893Executive OrderTrump 45 · R Quiet signal

Executive Order 13893

Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO

This executive order reinstates and strengthens a budget-neutrality requirement called 'Administrative PAYGO,' mandating that executive agencies offset any discretionary administrative actions that increase mandatory spending with comparable spending cuts. It requires agency heads to submit proposals to OMB for review and gives the OMB Director authority to approve offsets, grant waivers, and pursue additional deficit reduction.

Federal Register Open PDF 84 FR 55487

Impact dates

  1. OMB issues implementation instructions for Administrative PAYGO

  2. OMB revokes Memorandum M-05-13

Key directives

  • Agencies must submit all discretionary administrative actions to OMB Director for review with budgetary effect estimates
  • Agencies must propose comparable mandatory spending offsets for any action increasing mandatory spending
  • Agency general counsel must provide written opinion to OMB Director if claiming action is statutorily required
  • OMB Director has discretion to determine whether offsets are comparable
  • OMB Director may waive requirements for essential services, effective program delivery, or public interest
  • OMB Director may pursue additional deficit reduction through agency administrative actions

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing
  • agencies must begin submitting discretionary administrative actions to OMB for review

Near term (90d)

  • OMB must issue implementation instructions
  • OMB must revoke Memorandum M-05-13

Long term

  • ongoing mandatory spending offset requirements for all discretionary administrative actions
  • potential structural constraint on agency rulemaking and program expansion

Risks & tensions

  • Vague 'comparable' standard for offsets gives OMB Director substantial discretionary power with limited transparency
  • Waiver authority in Section 7 is broadly worded ('public interest'), potentially undermining the rule's consistency
  • Written legal opinions to OMB (Section 4) may create tension between agency legal independence and OMB oversight
  • Constraint on mandatory spending increases could limit agency responsiveness to emerging needs without offsetting cuts
  • Exclusion of tax receipt changes from offset requirements (Section 6 mentions 'non-tax receipts' evaluation only) leaves fiscal gap
Executive Order 13893: Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO · Executive Orders