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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 674 Introduced in House (IH)]

109th CONGRESS
  2d Session
H. RES. 674

 Amending the Rules of the House of Representatives to require parity 
                and transparency in the earmark process.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2006

  Mr. Lewis of Kentucky submitted the following resolution; which was 
referred to the Committee on Rules, and in addition to the Committee on 
 Government Reform, 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

_______________________________________________________________________

                               RESOLUTION

 
 Amending the Rules of the House of Representatives to require parity 
                and transparency in the earmark process.

    Resolved,

SECTION 1. PARITY IN THE EARMARK PROCESS.

    Rule XXI of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
    ``7. (a) Before any subcommittee of the Committee on Appropriations 
may report any general appropriation bill to the full committee, it 
shall--
            ``(1) submit a report to the House setting forth the total 
        amount of funds that shall be available for funding 
        recommendations and project requests from all Members for such 
        bill; and
            ``(2) divide such total amount by the total number of 
        Members, allocate that subdivided amount for funding 
        recommendations and project requests for each congressional 
        district from the Member representing that district, and 
        indicate that subdivided amount in the report.
    ``(b)(1) Whenever any Member requests less funding for his district 
than the amount referred to in paragraph (a)(2) or fails to request any 
such funding of any such subcommittee, then the suballocation made to 
that subcommittee under section 302(b) of the Congressional Budget Act 
of 1974 for the applicable fiscal year shall be automatically reduced 
by the amount of such shortfall and shall not be available for 
reallocation pursuant to section 302(e) of such Act.
    ``(2) The chairman of each subcommittee of the Committee on 
Appropriations shall promptly notify the Committee on the Budget of the 
aggregate amount of the shortfall for the general appropriation bill 
within that subcommittee's jurisdiction that causes any automatic 
downward adjustment of the applicable section 302(b) suballocation.
    ``(c) As used in this clause, the term `Member' refers to any 
Representative in, or Delegate or Resident Commissioner to, the 
Congress.''.

SEC. 2. TRANSPARENCY IN THE EARMARK PROCESS.

    (a) Prohibition on Obligation of Funds for Appropriations Earmarks 
Included Only in Congressional Reports.--(1) 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.
    (2) For purposes of this section:
            (A) The term ``assistance'' includes a grant, loan, loan 
        guarantee, or contract.
            (B) 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.
            (C) The term ``earmark'' means a provision that specifies 
        the identity of an entity to receive assistance and the amount 
        of the assistance.
            (D) The term ``entity'' includes a State or locality, but 
        does not include any Federal agency.
    (3) This subsection shall apply to appropriation Acts enacted after 
December 31, 2005.
    (b) Identification of Earmarks.--Rule XXI of the Rules of the House 
of Representatives (as amended by section 1) is further amended by 
adding at the end the following new clause:
    ``8. For each earmark set forth in any general appropriation bill, 
the accompanying report shall disclose the name and district of the 
Member, Delegate, or Resident Commissioner sponsoring requesting 
earmark.''.
    (c) Prohibiting Waiver of Germaneness Requirement for Conference 
Reports.--(1) Rule XXII of the Rules of the House of Representatives is 
amended by adding at the end the following new clause:
    ``13. (a) A report by the Committee on Rules on a rule or order 
that would waive clause 10(a)(1)(A) may not be called up for 
consideration over the objection of any Member, except when so 
determined by a vote of three-fifths of the Members voting, a quorum 
being present.
    ``(b) A question of consideration under this clause shall be 
debatable for 20 minutes equally divided by a proponent of the question 
and an opponent.
    ``(c) This clause is intended to admit the question of 
consideration not only in the case of a special rule that explicitly 
waives clause 10(a)(1)(A) but also in the case of a special rule that 
waives all (or unspecified) points of order.''.
    (2) Clause 6(c) of rule XIII of the Rules of the House of 
Representatives is amended--
            (A) by striking the period at the end of subparagraph (2) 
        and inserting ``; or''; and
            (B) by adding at the end the following new subparagraph:
            ``(3) a rule or order proposing a waiver of clause 13 of 
        rule XXII.''.
                                 <all>
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