[Weekly Compilation of Presidential Documents Volume 43, Number 20 (Monday, May 21, 2007)]
[Pages 638-639]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13433--Protecting American Taxpayers From Payment of 
Contingency Fees

May 16, 2007

    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.

[[Page 639]]

    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.
    (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.
                                                George W. Bush
 The White House,
 May 16, 2007.

 [Filed with the Office of the Federal Register, 8:45 a.m., May 17, 
2007]

Note: This Executive order was published in the Federal Register on May 
18.