S. 5670Senate119th Congress (2025-2027)In Committee

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

Introduced September 30, 2026

AI-Generated Summary

Updated October 9, 2026 at 3:42 AM UTC

The bill amends the Impoundment Control Act of 1974 to require that any budget authority slated for rescission, reservation, or deferral be obligated in a timely manner and not be held back during the final 90 days before its availability expires. It also sets new rules for how appropriations must be apportioned, ensuring funds are available without pre‑conditions shortly before they expire, and it nullifies a specific rescission proposal dated September 25, 2026.

Key Provisions

  • Adds a new section that says budget authority proposed for rescission or deferral must be obligated promptly and cannot be withheld during the last 90 days before its availability period ends.
  • Requires that all appropriations be apportioned so the full amount is available for obligation in time to be prudently spent, and that no pre‑conditions (including footnotes) block obligation at least 90 days before the expiration of the availability period.
  • Specifically invalidates the special message submitted on September 25, 2026, which proposed certain rescissions, giving it no legal effect.
  • Updates the table of contents of the Congressional Budget and Impoundment Control Act to include the new Section 1018.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Appropriations.

September 30, 2026

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SenateIntro Referral

Introduced in Senate

September 30, 2026

SenateIntro Referral

Read twice and referred to the Committee on Appropriations.

September 30, 2026

Floor Debate

20 members

What members said about S. 5670 on the floor

10 Republicans10 Democrats
Jeff Merkley
Sen. Jeff MerkleyD-OR · Sep 30, 2026

Madam President, we have a challenge--a problem--and that is the President is exercising a line-item veto, and line-item vetoes are unconstitutional because the Constitution assigns the power of the…

Thom Tillis
Sen. Thom TillisR-NC · Sep 30, 2026

Mr. President, I ask unanimous consent to enter into a colloquy with my colleagues Senator Curtis and Senator Armstrong. Mr. President, I have the privilege--I have been in the Senate for 12 years,…

Eric Schmitt
Sen. Eric SchmittR-MO · Sep 30, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the Federal Government has become a gold mine for fraudsters. Just last week, we saw that one…

James Lankford
Sen. James LankfordR-OK · Sep 30, 2026

Madam President, reserving the right to object--I would like to reserve the right to object on this. My friend came with a proposal to try to ban the sale and ownership of stocks by Members of…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Sep 30, 2026

Madam President, I join my colleagues this evening to express my deep concerns. And I share your outrage, Senator Kaine, about the Trump administration's decision to recklessly take away funding for…

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Richard Blumenthal
Sen. Richard BlumenthalD-CT · Sep 30, 2026

Mr. President, I am here to talk about the Kids Online Safety Act and receive unanimous consent for its passage, but I cannot begin this conversation without remarking on the colloquy that we just…

Margaret Wood Hassan
Sen. Margaret Wood HassanD-NH · Sep 30, 2026

Mr. President, 2 years ago, the American people elected a new Congress and a new President. The American people did so based on a promise that the President and his allies in Congress would work to…

Sen. Alan ArmstrongR-OK · Sep 30, 2026

Thank you, Senator Curtis, and it was truly a joy to travel with you. This was not luxurious travel. We were getting tired of each other's odor by the time we got done with this trip. And we were…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Sep 30, 2026

Mr. President, in 1972, there were just 300,000 female athletes in high school and collegiate sports. Today, there are over 3 million young women who are competing in high school and collegiate…

Patty Murray
Sen. Patty MurrayD-WA · Sep 30, 2026

Madam President, I thank my colleague from Oregon for setting out what is going on here because, as he said, on Friday night, President Trump announced that he was stealing more money from the…

Tim Kaine
Sen. Tim KaineD-VA · Sep 30, 2026

Madam President, I rise with my colleagues. I appreciate the Senator from Oregon and the UC he will seek in a few minutes about a very important bill to reclaim congressional authority over…

Ron Wyden
Sen. Ron WydenD-OR · Sep 30, 2026

Mr. President, I rise to express the strongest possible support for the Taxpayer Assistance and Service Act. Senate Democrats began working on this more than a decade ago when I first became chairman…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Sep 30, 2026

Mr. President, I reserve the right to object. Mr. President, I rise in opposition to Senator Blackburn's resolution. Make no mistake, the Senator's resolution is not about celebrating the impact of…

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Tammy Baldwin
Sen. Tammy BaldwinD-WI · Sep 30, 2026

Madam President, I rise today because for the second year in a row, the President is trying to illegally steal money from the people I work for. Eight months ago, Congress overwhelmingly passed…

John R. Curtis
Sen. John R. CurtisR-UT · Sep 30, 2026

Thank you, Senator Tillis, Senator Armstrong. It was a delight to travel with you. I think it is appropriate to point out how much work goes into a trip like this. To our team and our staff that put…

Ashley Moody
Sen. Ashley MoodyR-FL · Sep 30, 2026

Mr. President, thank you to my good friend and colleague Senator Schmitt. The grift is real, and the grift is great. I rise today to urge my colleagues to pass this vital legislation to stop the…

Mike Crapo
Sen. Mike CrapoR-ID · Sep 30, 2026

Mr. President, Senator Wyden, thank you. You are right, this bill is no small potatoes; it is a legacy piece of legislation that will be of massive support and strengthening to American citizens. I…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Sep 30, 2026

Mr. President, reserving the right to object, I have to start by noting that President Trump and his cronies are using the White House to commit political fraud and corruption on an epic scale. This…

Ron Johnson
Sen. Ron JohnsonR-WI · Sep 30, 2026

Madam President, reserving the right to object, I would like to make two points. First of all, the law that is at stake here that we are discussing is the Impoundment Control Act--surprisingly, very…

Rand Paul
Sen. Rand PaulR-KY · Sep 30, 2026

Reserving right to object, if good intentions created laws--or created good laws--there would be no need for congressional debate. I have no doubt that the authors of this bill genuinely want to…

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 30, 2026

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.

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:

.