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Hon. SAM J. ERVIN, JR., Chairman,

Subcommittee on Separation of Powers,
U.S. Senate.

DEPARTMENT OF AGRICULTURE, Washington, D.C., February 14, 1969.

DEAR SENATOR ERVIN: Thank you very much for your letter of February 3 requesting information on the executive impoundment of funds since 1945.

We are having our files searched and we will furnish you the information requested, to the extent it is available in our files, as soon as possible. Sincerely,

JOSEPH M. ROBERTSON, Assistant Secretary for Administration.

DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY,
Washington, April 29, 1969.

Hon. SAM J. ERVIN, Jr.,
U.S. Senate,

Washington, D.C.

DEAR SENATOR ERVIN: In reply to your letter of February 3, there is attached a statement on executive impoundment of funds since 1945.

Unfortunately, under our regular records disposal procedures, information is not available in most instances prior to fiscal year 1958. Therefore, this report may not be complete.

Since your request relates to "executive impoundments" we have excluded reserves established as a result of Congressional action (such as the reductions required under the Revenue and Expenditure Control Act of 1968), and specific contingency funds placed in budget reserve by various annual appropriation acts. We are unable to classify the reserves established precisely in the manner requested. However, we have prepared our report under the following headings: 1. Reserves established to comply with a general request of the President. 2. Other reserves including those recommended by the Department. We do not find any instances of the specific impoundment of funds as the result of a request from the President.

We hope that this information will meet your needs.

Sincerely,

JOSEPH M. ROBERTSON,

Assistant Secretary for Administration.

EXHIBIT 1

UNITED STATES DEPARTMENT OF AGRICULTURE

EXECUTIVE IMPOUNDMENT OF FUNDS SINCE 1945

I. Reserves established to comply with a general request of the President
Fiscal year 1964:

Reserves established pursuant to directives issued on November 30 and December 24, 1963, by the President to the heads of executive departments instructing them to tighten operations, reduce employment and effect savings.

The President, in a letter to the Speaker of the House dated March 26, 1964, indicated those amounts which could be rescinded. (See copy attached.)

Agricultural Research Service-Salaries and expenses.
Cooperative State Research Service-Payments and expenses_
Federal Extension Service-Cooperative extension work, payments
and expenses__

Farmer Cooperative Service-Salaries and expenses-

Soil Conservation Service:

$675, 000

3, 220

362, 500

1, 130

Flood prevention...

Conservation operations..

Economic Research Service-Salaries and expenses-
Foreign Agricultural Service-Salaries and expenses..
Commodity Exchange Authority-Salaries and expenses.
Rural Electrification Administration-Salaries and expenses.
Farmers Home Administration-Salaries and expenses -
Office of the General Counsel-Salaries and expenses__
Office of Information-Salaries and expenses. -

1,734, 079 198, 300 14, 530 85, 000 1,390 90,000 66, 900 4, 265 1, 390

National Agricultural Library-Salaries and expenses.
General Administration-Salaries and expenses...

Forest Service-Forest protection and utilization

Fiscal year 1958:

$2,000

3, 220

366, 100

Reserves established pursuant to President's request that all agencies keep the rates of commitments, obligations, and expenditures for the fiscal year 1958 at or below the level for the fiscal year 1957, to the extent feasible.

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Reserves established pursuant to instructions to reduce obligations in the

fourth quarter.

Agricultural Research Service-State experiment stations___.

Soil Conservation Service:

Water conservation and utilization.

Flood prevention _ _ _

Watershed protection_

Conservation operations_

Fiscal Year 1947: Soil Conservation Service:

Water conservation and utilization..

Flood control__.

II. Other reserves, including those recommended by Department

Fiscal year 1968: Agricultural Stabilization and Conservation
Service Expenses, Public Law 480-

Fiscal year 1967: Agricultural Stabilization and Conservation
Service Expenses, Public Law 480_-

Fiscal year 1964: Soil Conservation Service

tion and development_...

$70, 600

5, 000 400, 000 4, 517, 000 175, 000

1, 188, 895 794, 555

$353, 000, 000

100, 000, 000

Resource conserva

1, 075, 000

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Fiscal year 1956: Farmers Home Administration-Soil and water loans...

Fiscal year 1954:

Soil Conservation Service-Flood prevention...

Farmers Home Administration-Salaries and expenses.

Fiscal year 1953: Soil Conservation Service-Conservation operations___

Fiscal year 1952: Farmers Home Administration-Housing grants Fiscal year 1951: Farmers Home Administsation-Farm operating loans (production and subsistence) ____

Fiscal year 1946:

Soil Conservation Service-Conservation operations_
Farmers Home Administration-Loans, farm tenancy-

Fiscal year 1945:

Soil Conservation Service:

Conservation operations..

Flood control_.

Farmers Home Administration:

Loans, farm tenancy.

Grants and rural rehabilitation__

450, 000 128, 000

8, 000, 000

8,000

17, 500, 000

300, 000 233, 357

1,750, 000 50, 000

EXHIBIT 2

THE WHITE HOUSE, March 26, 1964.

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: On November 30 and December 24, 1963, I directed the heads of executive departments and agencies to tighten operations, reduce employment and effect savings. As a result of the steps being taken pursuant to these instruc

tions, I asked the Congress on March 9 to reduce the 1965 appropriations requested in the budget by $41,927,000.

The cost reduction actions underway will also reduce the need for funds already appropriated by the Congress for the fiscal year 1964. In addition, section 603 of the 1964 Foreign Aid and Related Agencies Appropriation Act requires that such savings as might result from delayed enactment of the 1964 appropri ation acts be reserved from obligation. Therefore, I directed the Director of the Bureau of the Budget to scrutinize critically the apportionment of the 1964 appropriations for the purpose of reserving savings for eventual return to the Treasury.

The Director has reported to me that a total of $50,336,770 is being reserved from obligation at the present time. These savings result from changed program and legislative requirements, planned reductions in civilian employment, improvements in management and efficiency, the delay in final enactment of 1964 appropriations, and other factors. I have directed that the current cost reduction efforts be intensified in order to increase further the amount saved. Of the sum currently reserved, the Director of the Bureau of the Budget is confident that $34,907,570 will not be needed. A list of the amounts comprising this total, by accounts, is attached. It contains 62 items, several of them less than $1,500, consistent with my philosophy that no saving is too small to be ignored. These amounts will be retained in reserve so that they cannot be spent under any circumstances. Alternatively, if the Congress should wish to rescind these amounts, I would have no ojection.

Respectfully yours,

LYNDON B. JOHNSON.

LIST OF AMOUNTS PERMANENTLY RESERVED

DEPARTMENT OF AGRICULTURE

Agricultural Research Service: Salaries and expenses:

Research_.

Plant and animal disease and pest control.

Cooperative State Experiment Station Service: Payments and ex

penses..

Extension Service: Cooperative Extension Work: Payments and
expenses: Federal Extension Service........

Farmers Cooperative Service: Salaries and expenses..
Soil Conservation Service: Conservation operations..
Economic Research Service: Salaries and expenses-
Foreign Agricultural Service: Salaries and expenses--
Commodity Exchange Authority: Salaries and expenses-
Office of the General Counsel: Salaries and expenses..
Office of Information: Salaries and expenses...
National Agricultural Library: Salaries and expenses.
General Administration: Salaries and expenses_

Rural Electrification Administration: Salaries and expenses_

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DEPARTMENT OF COMMERCE

General Administration:

Participation in Century 21 Exposition..
West Virginia Centennial Celebration..

Area Redevelopment Administration: Area redevelopment fund.
Office of Business Economics: Salaries and expenses--

Bureau of the Census: 1962 Census of Governments..

Weather Bureau: Salaries and expenses__

NATIONAL SECURITY COUNCIL

600, 000 4,625

20, 000, 000

10,000

75,000

200,000

11,000

Salaries and expenses

RAILROAD RETIREMENT BOARD

Limitation on salaries and expenses.

93,000

SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS

Salaries and expenses

7,000

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Food and Drug Administration: Salaries and expenses.
Office of Education: Educational improvement for the handicapped_
Office of Vocational Rehabilitation: Salaries and expenses__

Public Health Service:

Child health and human development..
National Cancer Institute..

Mental health activities__

National Heart Institute_.

National Institute of Dental Research_.

Arthritis and metabolic disease activities.
Allergy and infectious disease activities..
Neurology and blindness activities.
National health statistics_

National Library of Medicine.

Social Security Administration:

Emergency health activities..

Salaries and expenses, Bureau of Family Services.
Salaries and expenses, Children's Bureau..

Assistance for repatriated United States nationals.

Salaries and expenses, Office of the Commissioner___

Office of the Secretary:

Salaries and expenses, Office of the Secretary.

Salaries and expenses, Office of Field Administration.
Salaries and expenses, Office of the General Counsel
Juvenile delinquency and youth offenses...

DEPARTMENT OF JUSTICE

Federal Prison Industries, Inc.: Limitation on administrative and vocational training expenses-

DEPARTMENT OF STATE

International Boundary and Water Commission, United States and
Mexico: Operation and maintenance___

TREASURY DEPARTMENT

Internal Revenue Service: Salaries and expenses_
Office of the Treasurer: Salaries and expenses..

$100,000

85,000

20, 000

8,000 63,000 55, 000 32,000 9,000

30, 000

32, 000

35, 000

32, 000

8, 000

21,000

29, 000

150, 000

130, 000

68,000

50, 000 40,000 40, 000 7,000

107, 000

10, 000

200, 000

900, 000

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Office of the Administrator: Salaries and expenses: Limitation on non-administrative expenses..

Federal National Mortgage Association: Limitation on administrative expenses_

VETERANS' ADMINISTRATION

General operating expenses

Grants to the Republic of the Philippines

12, 000

2, 500, 000

250,000

100, 000

1, 217, 000 20,000

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DEAR SENATOR ERVIN: You apparently recognize the great need for health care for every citizen, therefore, we are shocked at the recent fiscal decision to delete Alabama Regional Medical Program funds at this critical moment in development. Two Alabama Regional Medical Programs, specifically Reality Orientation and Medical Information Service via Telephone (MIST), have attracted national attention. To obliterate the Reality Orientation Program now, which benefits the elderly person and assists in training the nonprofessional health worker, would be to deny citizens of Alabama of these much needed health services. These programs have laid the groundwork for health services that someday may benefit every Alabamian.

Continued and consistent support by both national and state governments must be made available for those health-producing activities, such as Regional Medical Program provides, which can immediately move toward actions to reduce the "deepening crisis" which threatens all our citizens.

As a voting resident of North Carolina, temporarily residing in Alabama, I appeal directly to you to investigate this matter when the Senate Subcommittee on Separation of Powers holds hearings on March 23, 24, and 25 on the issue of Presidential impoundment of appropriated funds and how such actions deprive the public of the benefits of programs specifically approved and authorized by the Congress. This is a cogent example of the adverse effect of executive impoundment of funds.

Sincerely,

MISS BEVERLY SMITH,
Research Assistant.

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
HOUSE OF REPRESENTATIVES, U.S.,

Hon. SAM J. ERVIN, JR., Chairman,
Subcommittee on Separation of Powers,
Committee on the Judiciary,

U.S. Senate.

OFFICE OF THE CHAIRMAN, Washington, D.C., March 16, 1971.

DEAR SENATOR ERVIN: This is in response to your recent letter relative to the matter of impoundment by the President of appropriated funds.

In recent years there has been a tendency on the part of the Executive to withhold from expenditure or impound substantial sums appropriated by the Congress for implementation of authorized water and power programs of the

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