[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4964 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 4964

    To prohibit Federal agencies from obligating funds for earmarks 
    included only in congressional reports, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2006

  Mr. Flake (for himself, Mr. Cooper, Mr. Gutknecht, Mr. Waxman, Mr. 
 Bass, Ms. Norton, Mr. Souder, Mr. Ford, Mr. Westmoreland, Ms. Loretta 
  Sanchez of California, Mr. Platts, Mr. Frank of Massachusetts, Mr. 
Marchant, Mr. Udall of Colorado, Mr. Pence, Mr. Hensarling, Mr. Miller 
of Florida, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, and 
   Mr. Poe) introduced the following bill; which was referred to the 
  Committee on Government Reform, and in addition to the Committee on 
 Rules, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To prohibit Federal agencies from obligating funds for earmarks 
    included only in congressional reports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Transparency and 
Accountability Act of 2006''.

SEC. 2. PROHIBITION ON OBLIGATION OF FUNDS FOR EARMARKS INCLUDED ONLY 
              IN CONGRESSIONAL REPORTS.

    (a) In General.--No Federal agency may obligate any funds made 
available in an appropriation Act or other Act to implement an earmark 
that is included in a congressional report accompanying the 
appropriation Act or other Act, unless the earmark is also included in 
such Act.

SEC. 3. PROHIBITION ON OBLIGATION OF FUNDS FOR EARMARKS INCLUDED IN 
              CONFERENCE REPORTS BUT NOT IN THE HOUSE- OR SENATE-PASSED 
              VERSIONS.

    (a) No Federal agency may obligate any funds made available in an 
appropriation Act or other Act to implement an earmark if the earmark 
was not in the House-passed or Senate-passed version of that measure 
committed to the conference committee.

SEC. 4. DEFINITIONS.

    As used in this Act:
            (1) The term ``assistance'' includes a grant, loan, loan 
        guarantee, or contract.
            (2) The term ``congressional report'' means a report of a 
        committee of the House of Representatives or the Senate, or a 
        joint explanatory statement of a committee of conference.
            (3) The term ``earmark'' means a provision that specifies 
        the identity of an entity to receive assistance and the amount 
        of the assistance.
            (4) The term ``entity'' includes a private business, State, 
        territory or locality, but does not include any Federal agency.

SEC. 5. DISCLOSURE OF EARMARKS IN LEGISLATION REPORTS.

    Rule XXII of the Rules of the House of Representatives is amended 
by adding at the end the following new clause:
    ``13. (a) In this paragraph, the term `earmark' has the meaning 
given to such term in section 4 of the Earmark Transparency Act of 
2006.
    ``(b) No bill or amendment between the Houses or conference report 
on such a bill shall be considered unless a list of--
            ``(1) all earmarks in such measure;
            ``(2) if possible, an identification of the member who 
        proposed the earmark; and
            ``(3) an explanation of the essential governmental purpose 
        for the earmark;
are available to all Members and made available to the general public 
by means of the Internet for at least 72 hours before its 
consideration.''.

SEC. 6. EFFECTIVE DATE.

    This Act shall apply to Acts enacted after December 31, 2006, and 
the amendment made by section 5 shall take effect immediately before 
noon January 3, 2007.
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