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gress. It is said that several billions of dollars that Congress is appropriating for things like dams and so on you have refused to spend, that this violates the Constitution and deprives Congress of its main power, the power of the purse.

The PRESIDENT. Mr. Smith, when I was a Senator and a Congressman, particularly when I was a Senator and a Congressman with a President in the other party in the White House, I played all of those games, too, with very little success.

These games are going to be played. The efforts will be made, it is true. by Members of the Senate, Members of the House, and some of them with the very best of intentions to hamstring the Executive, the President. When it is the proper thing to do, it will be done.

But I think, generally speaking, you will find that in these great battles that have occurred through the years, between the President and the Congress, that sometimes the Congress wins, sometimes the President wins. But where the President's responsibility as Commander-in-Chief of the Armed Forces is concerned, and where the lives of American men are involved, usually the President wins and for good reason. You can have only one Commander-inChief.

[Excerpt from transcript of meeting of Subcommittee on Reprogramming of Funds,

Apr. 6, 1971)

SENATE COMMITTEE ON ARMED SERVICES

Senator STENNIS. I have a very brief opening statement. This is our second meeting of our Subcommittee on Reprogramming following one of a week ago when Navy matters were before us.

Although reprogramming actions have been handled in the past in a rather informal way, we recently learned that the requested reprogramming for the Department of Defense had reached the sum of over a billion dollars. I felt that a subcommittee was necessary to consider these reprogrammings but because each reprogramming is actually the using of money appropriated by the Congress for another purpose, each one requires a second look and a rerun. We go over and over these items many times when the laws are originally passed : we go through debate and conference and the whole thing and then the reprogramming requests require that we come back and go through them again. I frankly do not know how far we can go in giving a great deal of attention to this; it is just more than the Committee can do..

Fifteen prior approval reprogramming actions have been received by the Committee so far. Four have been approved, two prior to the formation of this Subcommittee, two have been withdrawn, one is awaiting final disposition, and three have not been acted on by the House Committee. This leaves five, and I hope we can get all of them today.

[From The Washington Post, Aug. 1, 1968)
LBJ FREEZES 'IMPACTED AREAS FUNDS

(By J. W. Anderson)

President Johnson said yesterday that he will not spend $69 million of the "impacted areas” school aid money that Congress appropriated last month.

His decision ends months of campaigning by school officials throughout the country, and their Congressmen, to force the money out of the Administration.

The President's refusal presents severe and immediate budget trouble to schools in Washington and Prince George's County, this area's two largest systems.

The money is. aid to school districts that enroll large numbers of children of Federal employees.

Congress appropriated enough last April to pay local school systems about 80 per cent of the amounts that they expected under the existing law. In July, pressed by school officials, Congress passed a supplemental appropriation of $91 million to bring the payments up to 100 per cent.

TITLE VI-AVAILABILITY OF APPROPRIATIONS SEC. 601. Notwithstanding any other provision of law, unless enacted after the enactment of this Act expressly in limitation of the provisions of this section, funds appropriated for any fiscal year ending prior to July 1, 1973, to carry out any program for which appropriations are authorized by the Public Health Service Act (Public Law 410, Seventy-eighth Congress, as amended) or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164, as amended) shall remain available for obligation and expenditure until the end of such fiscal year.

NEA NEWS SERVICE,

NATIONAL EDUCATION ASSOCIATION,
DIVISION OF PRESS, RADIO, AND TELEVISION RELATIONS,

April 5, 1971, Washington, D.C.

(Nixon's $12 BILLION FREEZE INCLUDES ED FUNDS) Washington, D.C. (NEA News Service)-President Nixon has impounded more than $12 billion in Federal funds, including education funds, according to Sen. Sam Ervin (D-NC), Chairman of the Senate Judiciary Subcommittee on the Separation of Powers.

While the major amount involves money for highways ($6 billion), urban construction, and public works projects, Ervin charged that money for the following education programs approved by Congress has not been released : $13 million for higher education, $8 million for community education, and $10 million for impact-aid programs. Ervin told NEA News Service that he considers the freeze on education funds "disturbing" and ranks restoration of hospital and health care funds first and education funds second in his priorities since "highways could wait."

Ervin's information comes from February 23 and March 1 reports. The subcommittee has requested more information from the Office of Management and Budget.

Stated Ervin, "by impounding appropriated funds, the President is able to modify, reshape or nullify completely laws passed by the Congress, thus making policy through executive power, an exercise which ... flies directly in the face of constitutional principles." Ervin is now drafting a bill to require the I'resident to notify Congress before funds are impounded, allowing Congress to veto that action.

Nixon's action has reportedly angered some of the most powerful senior Democrats in Congress whose support is necessary to win passage of administration programs. They suggest that the President is deliberately thwarting the will of Congress on the ordering of national priorities and may be exceeding his constitutional authority to freeze funds.

According to the administration, funds were withheld to combat inflation and to meet a $200 billion spending limit imposed by Congress for the fiscal year. While this practice has been used by several presidents since World War II, the amount currently being withheld is considered unprecedented.

The Washington Post today reports that some critics hint that the administration is holding back money as bait for congressional enactment of revenue sharing or as a slush fund to pump up the economy in 1972 and help re-elect Nixon on a wave of full employment.

(Excerpts from "A Conversation with the President', on live television and radio with

Howard K. Smith, March 22, 1971, 9:30 p.m.] Mr. SMITH. The kind of thing I am concerned about is I see-this is a prediction-the next two years being dominated by this political theme: The age old conflict between the Executive and Congress, but in sharper form than ever. Resolutions are being prepared in the Senate to try and require your aides to testify and resolutions limiting your powers as Commander-in-Chief.

There is another assault coming from another quarter and I don't know whether you are aware of it. But tomorrow morning Senator Ervin begins hearings on the impounding of funds by you which had been appropriated by Congress. It is said that several billions of dollars that Congress is appropriating for things like dams and so on you have refused to spend, that this violates the Constitution and deprives Congress of its main power, the power of the purse.

The PRESIDENT. Mr. Smith, when I was a Senator and a Congressman, particularly when I was a Senator and a Congressman with a President in the other party in the White House, I played all of those games, too, with very little success.

These games are going to be played. The efforts will be made, it is true. by Members of the Senate, Members of the House, and some of them with the very best of intentions to hamstring the Executive, the President. When it is the proper thing to do, it will be done.

But I think, generally speaking, you will find that in these great battles that have occurred through the years, between the President and the Congress that sometimes the Congress wins, sometimes the President wins. But where the President's responsibility as Commander-in-Chief of the Armed Forces is concerned, and where the lives of American men are involved, usually the President wins and for good reason. You can have only one Commander-inChief.

[Excerpt from transcript of meeting of Subcommittee on Reprogramming of Funds,

Apr. 6, 1971)

SENATE COMMITTEE ON ARMED SERVICES Senator STENNIS. I have a very brief opening statement. This is our second meeting of our Subcommittee on Reprogramming following one of a week ago when Navy matters were before us.

Although reprogramming actions have been handled in the past in a rather informal way, we recently learned that the requested reprogramming for the Department of Defense had reached the sum of over a billion dollars. I felt that a subcommittee was necessary to consider these reprogrammings but because each reprogramming is actually the using of money appropriated by the Congress for another purpose, each one requires a second look and a rerun. We go over and over these items many times when the laws are originally passed : we go through debate and conference and the whole thing and then the reprogramming requests require that we come back and go through them again. I frankly do not know how far we can go in giving a great deal of attention to this; it is just more than the Committee can do.

Fifteen prior approval reprogramming actions have been received by the Committee so far. Four have been approved, two prior to the formation of this Subcommittee, two have been withdrawn, one is a waiting final disposition, and three have not been acted on by the House Committee. This leaves five, and I hope we can get all of them today.

(From The Washington Post, Aug. 1, 1968)

LBJ FREEZES 'IMPACTED AREAS' FUNDS

(By J. W. Anderson) President Johnson said yesterday that he will not spend $69 million of the "impacted areas" school aid money that Congress appropriated last month.

His decision ends months of campaigning by school officials throughout the country, and their Congressmen, to force the money out of the Administration.

The President's refusal presents severe and immediate budget trouble to schools in Washington and Prince George's County, this area's two largest systems.

The money is. aid to school districts that enroll large numbers of children of Federal employees.

Congress appropriated enough last April to pay local school systems about 80 per cent of the amounts that they expected under the existing law. In July. pressed by school officials, Congress passed a supplemental appropriation of $91 million to bring the payments up to 100 per cent.

Mr. Johnson said, at his press conference yesterday, that he would pay 100 jer cent only to school systems, like those serving military bases, where the hildren live on Federal property. That will use only about $22 million, naionwide, of the $91 million provided by Congress.

Other school systems will be left with 20 per cent less than their full legal ntitlement of this "impact" aid.

Washington's hard-pressed schools have already spent the additional $1 milion that they had anticipated, according to Assistant Superintendent Joseph 1. Carroll, "We're in real trouble," Carroll said. "It's going to mean a very drastic cut.”

Prince George's School Superintendent William S. Schmidt said that the lecision would mean $1.6 million less than the county had expected, and that deant "really serious trouble."

This school fund is caught in the growing struggle between the President and Jongress over the allocation of the $6 billion in cuts Congress ordered in the President's budget.

Federal impact aid is very popular with local school officials because, unike most other kinds of Federal school aid, no restrictions are tied to its use.

Administration officials have objected, for some years, that much of this mpact aid goes to wealthy districts, and is not focussed on the areas of reatest social and educational need.

President Johnson's decision on impacted aid funds will not create immeliate urgent difficulties in three of the suburban school systems, which did not nclude the final 20 per cent of their impact aid in their budgets.

Montgomery County will lose $1.1 million by this decision. Arlington will get about $400,000 less than its full entitlement, and Alexandria about $225,000 ess. But all three had balanced their budgets without counting on that money.

President Johnson observed that Congress had not only increased by $91 nil!ion the appropriation for the past year, but increased the President's request for the coming school year by $110 million.

"In other words,” Mr. Johnson said, "the Congress in one breath says you nust cut $6 billion from your budget as you sent it to Congress, and while loing that we add another $200 million over and above that budget."

The House also voted last month to cut the appropriation for the President's program to aid slum schools, sharpening the edge of the controversy.

[From The Evening Star, Washington, D.C., Mar. 26, 1971)

DEMOCRATS TRY TO LOOSEN FUNDS

(By John Chadwick) The Justice Department has agreed to draft legislation that would give Congress the final word when a president refuses to spend appropriated funds.

Asst. Atty. Gen. William H. Rehnquist said he could not commit the Justice Department to supporting such a bill, but added : “We couldn't help but be sympathetic to its purpose.”

Rehnquist agreed yesterday to write the legislation as Sen. Sam J. Ervin's Judiciary subcommittee on separation of powers ended three days of hearings on impoundment—the presidential practice of holding back money appropriated by Congress.

House Democratic leaders at a press conference yesterday accused President Nixon of withholding up to $18 million in appropriated funds. They charged that the funds are being held up while the President seeks support for his revenue sharing proposal.

"The President wines and dines the mayors and tells them to support revenue sharing while the cities are suffering for funds already appropriated and being withheld," said Hale Boggs of Louisiana, House Democratic Leader.

Ervin said he wants for subcommittee consideration a bill making impoundment orders subject to veto by either the Senate or House during a 60-day period.

The proposal was advanced by two university professors who testified at the hearings.

Witnesses testified the practice of impounding funds was first used in a major way by Franklin D. Roosevelt and has been on an upward curve under all presidents since.

gress. It is said that several billions of dollars th: for things like dams and so on you have refused the Constitution and deprives Congress of its mai: purse.

The PRESIDENT. Mr. Smith, when I was a Senator : ticularly when I was a Senator and a Congressman other party in the White House, I played all of those gai. success.

These games are going to be played. The efforts will by Members of the Senate, Members of the House, and so. very best of intentions to hamstring the Executive, the Pri the proper thing to do, it will be done.

But I think, generally speaking, you will find that in these g have occurred through the years, between the President and that sometimes the Congress wins, sometimes the President wil the President's responsibility as Commander-in-Chief of the Arme concerned, and where the lives of American men are involved, us President wins and for good reason. You can have only one Comn.. Chief.

(Excerpt from transcript of meeting of Subcommittee on Reprogramming of Fi.

Apr. 6, 1971)

SENATE COMMITTEE ON ARMED SERVICES Senator STENNIS. I have a very brief opening statement. This is our second meeting of our Subcommittee on Reprogramming following one of a week ago when Navy matters were before us.

Although reprogramming actions have been handled in the past in a rather informal way, we recently learned that the requested reprogramming for the Department of Defense had reached the sum of over a billion dollars. I felt that a subcommittee was necessary to consider these reprogrammings but because each reprogramming is actually the using of money appropriated by the Congress for another purpose, each one requires a second look and a rerun. We go over and over these items many times when the laws are originally passed: we go through debate and conference and the whole thing and then the reprogramming requests require that we come back and go through them again. I frankly do not know how far we can go in giving a great deal of attention to this; it is just more than the Committee can do.

Fifteen prior approval reprogramming actions have been received by the Committee so far. Four have been approved, two prior to the formation of this Subcommittee, two have been withdrawn, one is awaiting final disposition, and three have not been acted on by the House Committee. This leaves five, and I hope we can get all of them today.

[graphic]

[From The Washington Post, Aug. 1, 1968)
LBJ FREEZES 'IMPACTED AREAS' FUNDS

(By J. W. Anderson)
President Johnson said yesterday that he will not spend $69 mi)
"impacted areas" school aid money that Congress appropriated 1

His decision ends months of campaigning by school country, and their Congressmen, to force the mon

The President's refusal presents severe schools in Washington and Prince Ger systems.

The money is aid to school dist of Federal employees.

Congress appropriated enough 80 per cent of the amounts + pressed by school officials $91 million to bring the

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