Prohibiting Pocket Rescissions

Senate Roll Call Vote 19

2026 Recent Vote

Pro-environment vote

Yes

Votes For

47

Votes Against

52

Not Voting

1

Senator Jeff Merkley (D-OR) moved to waive a point of order against his amendment to H.R. 7148, the Consolidated Appropriations Act of 2026, which would block the administration from issuing so-called “pocket rescissions” within 90 days of the end of a fiscal year. “Pocket rescissions” function as line-item vetoes of appropriations enacted by Congress, which are unconstitutional. Office of Management and Budget Director Russell Vought has claimed the ability to unilaterally withhold congressionally appropriated funds that have not yet been spent by 90 days before the end of the fiscal year through a supposed loophole in the Impoundment Control Act. This supposed power directly contradicts the stated purpose of the law, which is to block the executive branch from doing just that, and leaving Congress as the sole decisionmaker on appropriations and rescissions. This amendment would close this supposed loophole and eliminate any justification for this unconstitutional gambit. On January 30, the Senate rejected the Merkley motion by a vote of 47-52 (60 votes were needed for passage – Senate roll call vote 19). YES IS THE PRO-ENVIRONMENT VOTE.

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