{
  "id": "RL34373",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL34373",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 344581,
      "date": "2008-02-13",
      "retrieved": "2016-06-21T21:38:57.345819",
      "title": "Earmarks Executive Order: Legal Issues",
      "summary": "On January 29, 2008, President George W. Bush signed Executive Order 13,457, \u201cProtecting American Taxpayers from Government Spending on Wasteful Earmarks.\u201d The order states that it is the policy of the federal government \u201cto be judicious in the expenditure of taxpayer dollars.\u201d In order \u201c[t]o ensure the proper use of taxpayer funds,\u201d the order provides that the number and cost of earmarks should be reduced, that their origin and purposes should be transparent; and that they should be included in the text of bills voted upon by Congress and presented to the President. For appropriations laws and other legislation enacted after the date of the order, it directs executive agencies not to commit, obligate, or expend funds on the basis of earmarks included in any non-statutory source, including requests in reports of committees of Congress or other congressional documents or communications on behalf of Members of Congress, or any other non-statutory source, except when required by law or when an agency itself has determined that a project, program, grant, or other transaction has merit under statutory criteria or other merit-based decision-making.\nIn the context of the order, an \u201cearmark\u201d is defined as any\nfunds provided by Congress for projects, programs, or grants where the purported congressional direction (whether in statutory text, report language, or other communication) circumvents otherwise applicable merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the executive branch to manage its statutory and constitutional responsibilities pertaining to the funds allocation process.\nThere is a long tradition of congressional inclusion of, and agency compliance with, spending directives that are delineated in committee report language or in joint explanatory statements issued by conference committees. If applied rigorously, the provisions of Executive Order 13,457 could significantly alter this traditional dynamic. Accordingly, this report provides an overview of the provisions of the order; addresses questions that have arisen regarding both the President\u2019s authority to control executive branch activity in this context and the effect of non-statutory congressional spending directives; and considers and evaluates potential congressional responses to the executive order. The report will be updated as events warrant.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "Appropriations",
    "Constitutional Questions"
  ]
}