[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR]

[Page 217-218]

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

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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.

(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.

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