Obligation of Funds Transparency Act of 2005

Obligation of Funds Transparency Act of 2005 - Prohibits a Federal agency from obligating funds made available in an appropriation Act to implement an earmark that is included in a congressional report accompanying such Act, unless the earmark is also included in that Act.

Amends the Rules of the House of Representatives to prohibit waiver of the germaneness requirement for conference reports by a report by the Committee on Rules, unless approved by a vote of three-fifths of the Members voting, with a quorum being present. Limits debate on such a question to 20 minutes equally divided by a proponent and an opponent. States that the above also applies in the case of a special rule that waives all (or specified) points of order. Prohibits the Committee on Rules from reporting a rule or order waiving the above amendment to the rules.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1642 Introduced in House (IH)]






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. 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

_______________________________________________________________________

                                 A BILL


 
 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.''.
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