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 Massachu-
setts, 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 ad-
dition to the Committee on Rules, for a period to be subsequently deter-
mined 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 ear-
marks included only in congressional reports, 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 ‘‘Earmark Trans-
parency and Accountability Act of 2006’’. 
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SEC. 2. PROHIBITION ON OBLIGATION OF FUNDS FOR EAR-
MARKS 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 con-
gressional 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 EAR-
MARKS 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 imple-
ment an earmark if the earmark was not in the House- 
passed or Senate-passed version of that measure com-
mitted 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 Representa-
tives or the Senate, or a joint explanatory statement 
of a committee of conference. 
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(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 private busi-
ness, State, territory or locality, but does not include 
any Federal agency. 
SEC. 5. DISCLOSURE OF EARMARKS IN LEGISLATION RE-
PORTS. 
Rule XXII of the Rules of the House of Representa-
tives 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 Ear-
mark 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 govern-
mental 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.’’. 
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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. 
Æ 
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