Orrin Hatch: “Once again Senator Reid argues that Simon/Hatch implicitly grants to the President authority to impound funds, to…”

“Once again Senator Reid argues that Simon/Hatch implicitly grants to the President authority to impound funds, to suspend the operation of spending measures, or to rescind earmarked funding measures. Admittedly, the law of Presidential impoundment is far from clear. However, the plain meaning and the structure of Senate Joint Resolution 41, buttressed by its legislative history, indicate that the amendment does not grant to the President any additional authority, and, in fact, is intended only to circumscribe Congress' taxing, borrowing, and spending powers. Specifically, section 1 of Senate Joint Resolution 41 directs that outlays exceed receipts only if three-fifths of both Houses of Congress vote so provide. The only mention of the President is in section 3, which requires that the President submit a balanced budget to Congress for each fiscal year. This view is supported by the committee report and prior floor debates, which make it clear that the amendment grants to the President no new additional authority. Finally, section 6 of the BBA mandates that Congress promulgate enforcement legislation. This is a strong indication that Congress, and not the President, has the exclusive authority to establish a mechanism to ensure a balanced budget. The President's constitutional role is limited to enforcing that legislative mechanism. In any event, impoundment authority is probably irrelevant.”