To prohibit Federal agencies from obligating funds for appropriations earmarks included only in congressional reports, and for other purposes.

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. WILSON 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 committee concerned

To prohibit Federal agencies from obligating funds for appropriations 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 `Obligation of Funds Transparency Act of 2005'.

SEC. 2. PROHIBITION ON OBLIGATION OF FUNDS FOR APPROPRIATIONS EARMARKS INCLUDED ONLY IN CONGRESSIONAL REPORTS.

(a) In General- 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.

(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 assistance and the amount of the assistance.

(4) The term `entity' includes a State or locality, 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 REQUIREMENT 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 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.'.

(b) Prohibiting Rule Waiving Restriction- Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended--

(1) by striking the period at the end of subparagraph (2) and inserting `; or'; and

(2) by adding at the end the following new subparagraph:

`(3) a rule or order proposing a waiver of clause 13 of rule XXII.'.

END