Presidential Documents

28441 

Federal Register 

Vol. 72, No. 96 

Friday, May 18, 2007 

Title 3— 

The President 

Executive Order 13433 of May 16, 2007 

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. 


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28442 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Presidential Documents 

(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. 

THE WHITE HOUSE, 

May 16, 2007. 

[FR Doc. 07–2518 

Filed 5–17–07; 8:45 am] 

Billing code 3195–01–P 


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