President Bush Issues Executive Order on Earmark Reform


The White House published Executive Order 13457, Protecting American Taxpayers From Government Spending on Wasteful Earmarks, in the February 1, 2008 Federal Register (Volume 73, Number 22).  The order, issued January 29, 2008, instructs federal agencies to not adhere to earmarks or other Congressional direction (e.g., committee reports or phone-marking) in future appropriations unless the direction is included within the text of the legislation, or the agency makes a merit-based decision to accept it.  President Bush’s goal is to require Congress to make all federal spending public and transparent, thereby reducing earmarks and creating cost savings.

Critics are worried that it will be arduous for Congress to correct funding inadequacies caused by unrealistic cuts in the annual President’s Budget.  As a result, Congress could decide to postpone finalization of the FY 2009 appropriations process (expected to begin Spring / Summer2008) until after the elections.

The order is effective for future spending bills (FY 2009), and not the FY 2008 package signed in December 2007.  Not coincidentally, the order was issued less than one week before the President’s FY 2009 Budget rollout on February 4, 2008.