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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY THE CONGRESS OVER THE PRESIDENT'S AMENDED BUDGET-FISCAL YEAR 1962-Continued

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY THE CONGRESS OVER THE PRESIDENT'S BUDGET-FISCAL YEAR 1963

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY THE CONGRESS OVER THE PRESIDENT'S JANUARY BUDGET-FISCAL YEAR 1964

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY THE CONGRESS OVER THE PRESIDENT'S JANUARY BUDGET-FISCAL YEAR 1965

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1 Of which $28,000,000 was programed in fiscal year 1965 and $24,000,000 in fiscal year 1966.

DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL AVAILABLITY PROVIDED BY THE CONGRESS OVER THE PRESIDENT'S BUDGET-FISCAL YEAR 1966

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY CONGRESS OVER THE PRESIDENT'S BUDGET-FISCAL YEAR 1967

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY CONGRESS OVER THE PRESIDENT'S BUDGET-FISCAL YEAR 1968

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DEPARTMENT OF DEFENSE-ANALYSIS OF PLANNED UTILIZATION OF ADDITIONAL APPROPRIATIONS PROVIDED BY CONGRESS OVER THE PRESIDENT'S BUDGET-FISCAL YEAR 1969

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DEAR SENATOR ERVIN: Further reference is made to your letter of February 5, 1969, addressed to the Honorable Walter E. Washington, pertaining to those instances since 1945 in which funds appropriated to the District of Columbia have been withheld by the Bureau of the Budget.

We have reviewed the records in regard to reserves which were established for the District of Columbia. Under the budget process reserves are set up in connection with loans made to the District for capital outlay to assure that agencies live within their budget totals.

Only in fiscal year 1969 were funds placed in reserve for economic reasons. This action, taken to comply with Public Law 90-364, had the effect of making the District "freeze" $21.8 million of its Federal funds along with Federal agencies.

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DEAR MR. CHAIRMAN: In answer to your letter of February 5, 1969, requesting information pertaining to reserves placed on this Commission's appropriated funds by the Bureau of the Budget, our records reflect that on only three occasions have reserves been placed on FTC funds and all three instances were the result of Congressional Direction, as follows:

1951 Fiscal Year-$100,000 reserve was set up on October 6, 1950, in accordance with Sec. 1214 of the Independent Offices Appropriation Act, Public Law 759-81st Congress.

This reserve was released by the Bureau of the Budget on March 9, 1951, as follows, "The reserve for savings has been eliminated in order to begin enforcement operations under P.L. 899, approved December 29, 1950." This was the Celler-Kefauver Antimerger Act amending Sec. 7 of the Clayton Act.

1968 Fiscal Year-Reserve of $329,000 by Congressional Direction. Release was authorized and applied to employee pay raise costs.

1969 Fiscal Year-Reserve of $292,000 established by Congressional Direction. We have requested the release of this reserve for application to employee pay raise costs.

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DEAR SENATOR ERVIN: I am pleased to reply to your inquiry of February 5, 1969, concerning the question of presidential or executive impoundment of funds.

The Federal Maritime Commission was established as a separate agency in August 1961, as a result of Reorganization Plan No. 7 of 1961. Funding for the agency consists of salaries and administrative expenses for a staff of approximately 250 employees.

There has been no instance in which funds appropriated to the Federal Maritime Commission have been impounded or frozen by the Bureau of the Budget.

The Revenue and Expenditure Control Act of 1968, Public Law 90-364, placed restrictions on hiring and provided for reductions in obligations and expenditures in fiscal year 1969.

At the request of the Bureau of the Budget, this agency developed a "Plan for 1969 Budget Reductions" indicating an estimated saving of $76,000 to result from implementation of provisions of Public Law 90-364.

That amount has been established as an apportionment reserve with the recommendation that it be made available to reduce the supplemental required to cover the cost of civilian pay increases in 1969.

I will be pleased to furnish additional data if needed.
Sincerely yours,

JOHN HARLLEE,

Rear Admiral, U.S. Navy (Retired), Chairman.

U.S. HOUSE OF REPRESENTATIVES,

COMMITTEE ON MERCHANT MARINE AND FISHERIES,

Washington, D.C., March 3, 1971.

Hon. SAM J. ERVIN, Jr.,

Chairman, Subcommittee on Separation of Powers,
Senate Committee on the Judiciary,
New Senate Office Building,

Washington, D.C.

DEAR MR. CHAIRMAN: This will acknowledge your letter of February 11, advising of the study engaged in by your Subcommittee on Separation of Powers of the constitutional separation of powers between the legislative, executive, and judicial branches of the Government.

I note that your subcommittee is primarily interested in seeking information on examples of impoundment of funds appropriated by the Congress by the Executive branch of the Government. In this regard, my Subcommittees on

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