EO 13433
Effective Date: May 18, 2007

Responsible Office: Office of the General Counsel
Subject: Protecting American Taxpayers from Payment of Contingency Fees

Protecting American Taxpayers From Payment of 
                Contingency Fees

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                Section 1. Policy. To help ensure the integrity and 
                effective supervision of the legal and expert witness 
                services provided to or on behalf of the United States, 
                it is the policy of the United States that 
                organizations or individuals that provide such services 
                to or on behalf of the United States shall be 
                compensated in amounts that are reasonable, not 
                contingent upon the outcome of litigation or other 
                proceedings, and established according to criteria set 
                in advance of performance of the services, except when 
                otherwise required by law.

                Sec. 2. Duties of Agency Heads. (a) Heads of agencies 
                shall implement within their respective agencies the 
                policy set forth in section 1, consistent with such 
                instructions as the Attorney General may prescribe.

                (b) After the date of this order, no agency shall enter 
                into a contingency fee agreement for legal or expert 
                witness services addressed by section 1 of this order, 
                unless the Attorney General has determined that the 
                agency's entry into the agreement is required by law.

                (c) Within 90 days after the date of this order, the 
                head of each agency shall notify the Attorney General 
                and the Director of the Office of Management and Budget 
                of any contingency fee agreements for services 
                addressed by section 1 of this order that are in effect 
                as of the date of this order.

                Sec. 3. Definitions. For purposes of this order:

                (a) The term ``agency' means an executive agency as 
                defined in section 105 of title 5, United States Code, 
                and the United States Postal Service and the Postal 
                Regulatory Commission, but shall exclude the Government 
                Accountability Office and elements of the intelligence 
                community (as defined in section 3(4) of the National 
                Security Act of 1947 as amended (50 U.S.C. 401a(4)).

                (b) The term ``contingency fee agreement' means a 
                contract or other agreement to provide services under 
                which the amount or the payment of the fee for the 
                services is contingent in whole or in part on the 
                outcome of the matter for which the services were 
                obtained. The term does not include:

(i) qualified tax collection contracts defined in section 6306 of title 26, 
United States Code, and

(ii) contracts described in sections 3711 and 3718 of title 31, United 
States Code.

                Sec. 4. General Provisions. (a) This order shall be 
                implemented consistent with applicable law and subject 
                to the availability of appropriations.

                (b) Nothing in this order shall be construed to impair 
                or otherwise affect:

(i) authority granted by law to an agency or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals.

[[Page 28442]]

                (c) This order is not intended to, and does not, create 
                any right, benefit, or privilege, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, instrumentalities, or entities, its officers 
                or employees, or any other person.
                    President, George Bush

                THE WHITE HOUSE,

                    May 16, 2007.


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