I 
109TH CONGRESS 
1ST SESSION H. R. 1642 
To prohibit Federal agencies from obligating funds for appropriations 
earmarks included only in congressional reports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2005 
Mr. FLAKE (for himself, Mr. GUTKNECHT, Mr. PENCE, Mr. HENSARLING, Mr. 
MARCHANT, Mr. WESTMORELAND, Mr. SAM JOHNSON of Texas, Mr. 
ROHRABACHER, Mr. TANCREDO, Mr. JONES of North Carolina, Mr. WIL-
SON of South Carolina, Mr. HOSTETTLER, and Mr. MILLER of Florida) 
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 com-
mittee concerned 
A BILL 
To prohibit Federal agencies from obligating funds for appro-
priations earmarks included only in congressional re-
ports, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 AP-
PROPRIATIONS EARMARKS INCLUDED ONLY 
IN CONGRESSIONAL REPORTS. 
(a) IN GENERAL.—No Federal agency may obligate 
any funds made available in an appropriation Act to im-
plement 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 assist-
ance and the amount of the assistance. 
(4) The term ‘‘entity’’ includes a State or local-
ity, but does not include any Federal agency. 
(c) EFFECTIVE DATE.—This section shall apply to 
appropriation Acts enacted after December 31, 2005.
SEC. 3. PROHIBITING WAIVER OF GERMANENESS REQUIRE-
MENT FOR CONFERENCE REPORTS. 
(a) PROHIBITING WAIVER.—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 pro-
ponent 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.’’. 
(b) PROHIBITING RULE WAIVING RESTRICTION.— 
Clause 6(c) of rule XIII of the Rules of the House of Rep-
resentatives is amended— 
(1) by striking the period at the end of sub-
paragraph (2) and inserting ‘‘; or’’; and 
(2) by adding at the end the following new sub-
paragraph:
‘‘(3) a rule or order proposing a waiver of 
clause 13 of rule XXII.’’. 
Æ