I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Earmark Trans5 parency and Accountability Act of 2006’’. 


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1 SEC. 2. PROHIBITION ON OBLIGATION OF FUNDS FOR EAR2 MARKS INCLUDED ONLY IN CONGRESSIONAL 

3 REPORTS. 

4 (a) IN GENERAL.—No Federal agency may obligate 

5 any funds made available in an appropriation Act or other 

6 Act to implement an earmark that is included in a con7 gressional report accompanying the appropriation Act or 

8 other Act, unless the earmark is also included in such Act. 

9 SEC. 3. PROHIBITION ON OBLIGATION OF FUNDS FOR EAR10 MARKS INCLUDED IN CONFERENCE REPORTS 

11 BUT NOT IN THE HOUSE- OR SENATE-PASSED 

12 VERSIONS. 

13 (a) No Federal agency may obligate any funds made 

14 available in an appropriation Act or other Act to imple15 ment an earmark if the earmark was not in the House16 passed or Senate-passed version of that measure com17 mitted to the conference committee. 

18 SEC. 4. DEFINITIONS. 

19 As used in this Act: 

20 (1) The term ‘‘assistance’’ includes a grant, 

21 loan, loan guarantee, or contract. 

22 (2) The term ‘‘congressional report’’ means a 

23 report of a committee of the House of Representa24 tives or the Senate, or a joint explanatory statement 

25 of a committee of conference. 


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1 (3) The term ‘‘earmark’’ means a provision that 

2 specifies the identity of an entity to receive assist3 ance and the amount of the assistance. 

4 (4) The term ‘‘entity’’ includes a private busi5 ness, State, territory or locality, but does not include 

6 any Federal agency. 

7 SEC. 5. DISCLOSURE OF EARMARKS IN LEGISLATION RE8 PORTS. 

9 Rule XXII of the Rules of the House of Representa10 tives is amended by adding at the end the following new 

11 clause: 

12 ‘‘13. (a) In this paragraph, the term ‘earmark’ has 

13 the meaning given to such term in section 4 of the Ear14 mark Transparency Act of 2006. 

15 ‘‘(b) No bill or amendment between the Houses or 

16 conference report on such a bill shall be considered unless 

17 a list of— 

18 ‘‘(1) all earmarks in such measure; 

19 ‘‘(2) if possible, an identification of the member 

20 who proposed the earmark; and 

21 ‘‘(3) an explanation of the essential govern22 mental purpose for the earmark; 

23 are available to all Members and made available to the 

24 general public by means of the Internet for at least 72 

25 hours before its consideration.’’. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act shall apply to Acts enacted after December 

3 31, 2006, and the amendment made by section 5 shall 

4 take effect immediately before noon January 3, 2007. 

Æ 


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