ExecutiveOrdersEO
EO 13457Executive OrderG.W. Bush · R Quiet signal

Executive Order 13457

Protecting American Taxpayers From Government Spending on Wasteful Earmarks

Democracy & GovernanceDemocracy & GovernanceFederal WorkforceFederal WorkforceEconomy & LaborEconomy & Labor

In simple terms

This executive order directs federal agencies to ignore non-statutory earmarks—those found in congressional committee reports, communications from lawmakers, or other non-binding sources—when committing or spending funds. It requires agencies to base funding decisions solely on statutory text and merit-based criteria, and mandates public disclosure of written congressional earmark requests within 30 days of receipt.

Federal Register Open PDF 73 FR 6417

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 73 FR 6417

    Federal Register PDF

  3. Written congressional earmark communications must be publicly posted on Internet

Key directives

  • Agencies shall not commit, obligate, or expend funds on earmarks from non-statutory sources (committee reports, congressional communications, etc.) except when required by law or based on agency-determined merit
  • Agency earmark decisions must be based on text of laws, not non-statutory congressional statements
  • Agency earmark decisions must follow authorized, transparent, statutory criteria and merit-based decisionmaking per OMB M-07-10 Section II
  • No oral or written communications concerning earmarks shall supersede statutory criteria, competitive awards, or merit-based decisionmaking
  • Written congressional earmark communications must be made publicly available on the Internet within 30 days of receipt, unless agency head (non-delegable) consults OMB Director to preserve confidentiality
  • Agency heads must provide earmark and compliance information to OMB Director upon request

Who is ordered

What to expect

Immediate

  • EO effective for all appropriations laws enacted after January 29, 2008
  • agencies prohibited from obligating funds based on non-statutory earmark sources

Near term (90d)

  • agencies must establish procedures for 30-day public disclosure of written congressional earmark communications
  • agency heads must begin compliance reporting to OMB upon request

Long term

  • structural shift in executive-legislative dynamics on spending
  • potential reduction in total earmark volume
  • institutionalization of merit-based allocation processes

Risks & tensions

  • Potential constitutional tension: Congress may view this as executive encroachment on legislative power of the purse; non-statutory report language has traditionally carried significant practical weight
  • Definition of 'earmark' is broad and somewhat subjective—'circumvents otherwise applicable merit-based or competitive allocation processes' leaves room for agency discretion and potential inconsistency
  • Exception for agency head (non-delegable) to withhold disclosure after OMB consultation creates opacity risk; 'appropriate confidentiality between executive and legislative branches' is vague
  • EO applies only to legislation enacted after signing date—does not retroactively affect existing appropriations, limiting immediate scope
  • No enforcement mechanism specified beyond OMB oversight and agency self-policing
  • Political optics vs. practical impact: high symbolic value but actual earmark reduction depends on congressional behavior and statutory language
Executive Order 13457: Protecting American Taxpayers From Government Spending on Wasteful Earmarks · Executive Orders