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II
119th CONGRESS
2d Session
S. 5670
IN THE SENATE OF THE UNITED STATES

September 30, 2026

Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Appropriations

A BILL

To ensure the prudent obligation of budget authority, 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. Pocket rescissions and apportionment

(a) In general

Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.) is amended by adding at the end the following:

1018. Prudent obligation of budget authority and specific requirements for expiring budget authority

(a) Special message requirement

With respect to budget authority proposed to be rescinded or that is set to be reserved or proposed to be deferred in a special message transmitted under section 1012 or 1013, such budget authority—

(1)

shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013; and

(2)

may not be deferred or otherwise withheld from obligation during the 90-day period before the expiration of the period of availability of such budget authority, including, if applicable, the 90-day period before the expiration of an initial period of availability for which such budget authority was provided.

(b) Administrative requirement

With respect to an apportionment of any appropriations (as that term is defined in section 1511 of title 31, United States Code) made pursuant to section 1512 of such title, the appropriations shall be apportioned—

(1)

to make available all amounts for obligation in sufficient time to be prudently obligated; and

(2)

to make available all amounts for obligation, without precondition (including footnotes) that shall be met prior to obligation, not later than 90 days before the expiration of the period of availability of such appropriations, including, if applicable, 90 days before the expiration of an initial period of availability for which such appropriations were provided.

(b) September 25, 2026, rescission proposal

The special message dated September 25, 2026, submitted in accordance with section 1012(a) of the Impoundment Control Act of 1974 (2 U.S.C. 683(a)), relating to certain proposed rescissions, shall have no force or effect.

(c) Clerical amendment

The table of contents for the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act is amended by inserting after the item relating to section 1017 the following:

Sec. 1018. Prudent obligation of budget authority and specific requirements for expiring budget authority.