[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1495 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1495

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2005

Mr. McCain (for himself and Mr. Coburn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To prohibit Federal agencies from obligating funds for appropriations 
    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 ``Obligation of Funds Transparency Act 
of 2005''.

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

    (a) In General.--No Federal agency may obligate any funds made 
available in an appropriation Act to implement an earmark that is 
included in a congressional report accompanying the appropriation Act, 
unless the earmark is also included in the appropriation Act.
    (b) Definitions.--For purposes of this section:
            (1) The term ``assistance'' includes a grant, loan, loan 
        guarantee, or contract.
            (2) The term ``congressional report'' means a report of the 
        Committee on Appropriations 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 State or locality, but 
        does not include any Federal agency.
    (c) Effective Date.--This section shall apply to appropriation Acts 
enacted after December 31, 2005.
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