Executive Order 13433: Protecting American Taxpayers From Payment of Contingency Fees

President: George W. Bush

Barred federal agencies from new contingency-fee contracts for legal and expert services absent a legal requirement.

Status: In effect. Is Executive Order 13433 still in effect? Yes. Executive Order 13433 remains in effect. See Federal Register record.

What does Executive Order 13433 do?

Agencies were to pay reasonable amounts set in advance, not based on litigation outcomes; new covered contingency-fee agreements needed an Attorney General finding that law required one. Agency heads had a 90-day notification duty. The U.S. Code prints the order as a note to 5 U.S.C. 3109, including its agency exclusions and statutory exception.

Administration position: The policy controls covered federal agreements; it does not ban all contingency-fee work in the United States.
SignedMay 16, 2007
Earlier frameworkFederal agencies contracted for legal and expert-witness services under procurement and appropriations rules.
Responsible bodyFederal agency heads and Attorney General
Follow-up evidence2026 code edition: The U.S. Code prints the order as a note to 5 U.S.C. 3109, including its agency exclusions and statutory exception.

Before and after

Before the order

Federal agencies contracted for legal and expert-witness services under procurement and appropriations rules.

After the order

Agencies were to pay reasonable amounts set in advance, not based on litigation outcomes; new covered contingency-fee agreements needed an Attorney General finding that law required one. Agency heads had a 90-day notification duty.

The U.S. Code prints the order as a note to 5 U.S.C. 3109, including its agency exclusions and statutory exception.

What did the signed order change?

Federal agencies contracted for legal and expert-witness services under procurement and appropriations rules. Agencies were to pay reasonable amounts set in advance, not based on litigation outcomes; new covered contingency-fee agreements needed an Attorney General finding that law required one. Agency heads had a 90-day notification duty.

What happened later?

U.S. Code — 5 U.S.C. 3109 note: The U.S. Code prints the order as a note to 5 U.S.C. 3109, including its agency exclusions and statutory exception.

What does that evidence establish?

The order excludes GAO and intelligence-community elements and yields when an agreement is required by law. Its terms govern legal and expert-witness services to or on behalf of the United States. A codified note is not a count of avoided fees or an audit of agency compliance. Read the signed order for its original terms.

Who had to do what

Agency / officeActionTiming / position
Federal agency heads and Attorney GeneralApply advance fee criteria and review any legally required exceptionUnder the signed order and governing law

What happened next

EO 13433 signed.

Signed order and follow-up evidence reviewed.