A bill to ensure the prudent obligation of budget authority, and for other purposes.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5670 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5670

  To ensure the prudent obligation of budget authority, and for other 
                               purposes.

_______________________________________________________________________

                   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:

``SEC. 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authority proposed to be rescinded or that is set to be reserved or 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.''.
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