[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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