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to force "a confrontation with the President" over the White House practice of freezing or impounding funds appropriated by the Legislative Branch.
Subcommittee Chairman Sam J. Ervin Jr. (D-N.C.) said the practice has been common since World War II and has been just as objectionable under Democratic as Republican presidents.
Impounding permits a President to determine which laws passed by Congress he will enforce and to what extent, Ervin complained, adding that the latest check finds $12.2 billion in appropriated funds held up one way or another by the Nixon administration.
F. C. Turner, federal highway administrator, indicated that $5.5 billion of this figure represented obligational authority for highway projects that has not been used. But he noted that the comptroller general has ruled that the administration “has no duty to spend all that Congress appropriates or authorizes to be obligated."
(From The Evening Star, Washington, D.C., Apr. 6. 1971] HUMPHREY AND BUDGET AIDE CLASH OVER FUNDS FREEZING
(By James Welsh) The practice of “freezing" funds appropriated by Congress is at least as old as the administration of Thomas Jefferson and, during the Kennedy-Johnson years, accounted for a bigger portion of the budget than the $12 billion the White House now is withholding.
This was the response yesterday of a top Nixon administration official Deputy Budget Director Caspar Weinberger, to a sharp attack by Sen. Hubert Humphrey, D-Minn., on White House spending policies.
Both Humphrey and Weinberger spoke before several hundred county officials who are in Washington primarily to lobby Congress for revenue sharing and other fiscal relief.
CONSTITUTION CITED Humphrey, speaking earlier than Weinberger, called the fund-freezing "a constitutional issue." He challenged the President's power to withhold money the Congress has appropriated "for the general welfare."
Weinberger hit back directly, saying that when Humphrey was vice president, the Johnson administration consistently followed the practice of “not spending immediately" funds Congress made available.
"During the Kennedy-Johnson years, the average amount of money frozen represented a higher percentage of the federal budget than the money now in question."
According to Weinberger, that average amount was 7 percent of the total budgets. The $12 billion the White House now is holding up represents 6 percent of the 1971 budget.
The practice goes back at least as far as Thomas Jefferson who held up $25,000 the third Congress appropriated for building gunboats, said the budget official.
A number of congressmen have joined in demanding that the administration spend the $12 billion, which involves highways, public works, urban renewal model cities and public housing.
COURT TEST SUGGESTED Yesterday, Senate Democratic Leader Mike Mansfield proposed that the House challenge in court the President's power to impound funds.
He told the Associated Press that Nixon's refusal to spend money voted by Congress "raises a grave constitutional question" and he would like to see a Supreme Court ruling on the issue.
Mansfield suggested such a ruling could be obtained if a suit were brought by the House. "It's their responsibility, since they initiate appropriations bills." he said. However, he said he had not discussed it with House leaders and doesn't intend to.
Sen. Sam Ervin, D-N.C., chairman of the Senate Judiciary subcommittee on separation of powers, said in a separate interview that it's extremely doubtful the House could bring such a suit, the AP reported.
Jerger defended the current freeze. He said it is necessary in part
pecial revenue-sharing proposal, which would consolidate dozens of rical grant-in-aid programs, totalling more than $10 billion, into six purpose programs of assistance to states and local governments.
Minnesota Democrat said he favors Nixon's general revenue-sharing sal, which would distribute $5 billion in extra money for states, cities counties to spend as they wish. at he called special revenue-sharing "a planned dismantling of much of at we have accomplished in the last 20 years."
Referring to the categorical grant programs that would be consolidated, such as urban renewal, Humphrey charged that "the people in favor of this dismantling weren't in favor of the programs in the first place.”
Weinberger told the county officials:
"If all those narrow categorical programs are so good and have done such a good job, then we should have no problems in this country. They should have all been solved."
Doing away with the red tape and regulations accompanying the categorical grants would follow "the great tradition of local self-government," Weinberger added.
THE LIBRARY OF CONGRESS,
February 13, 1968, Washington, D.C.
CONGRESSIONAL CONTROL OF EXPENDITURES : ANNOTATED
BIBLIOGRAPHY OF SELECTED REFERENCES Bailey, Stephen K. and Howard D. Samuel. Congress at Work. New York.
Henry Holt. 1952. 502 pp. Case study of Congress in action. Chapter 13 gives the legislative history of the National Military Establishment Appro
priation Act of 1949. Banfield, Edward C. "Congress and the Budget: A Planner's Criticism." Ameri
can Political Science Review, December 1949, pp. 1217-28. Criticizes the functioning of Congress in making appropriations and suggests that the proper role of Congress in this field is "to secure the most desirable alloca
tion of resources among alternative uses." Browne, Vincent J. The Control of the Public Budget. Washington. Public
Affairs Press. 1949. 174 pp. A history of the struggle for popular control
of the purse from 1775 to 1949. Byrd, Harry F. The unexpended balances of appropriations. Commercial and
financial chronicle (New York) v. 177, Jan. 15, 1953: 14. "Leading Senatorial critic of wasteful and non-essential govt. spending estimates unexpended balances of Congressional appropriations, as of July 1, 1953, as approximately $100 billion, and estimates total will reach $175 billion at beginning of new fiscal year. Says it is obligation of new Congress to regain control over Government expenditures by reviewing and adjusting unexpended bal
ances." Cannon, Clarence. "Congressional Responsibilities." American Political Science
Review, April 1948, pp. 307-316. Includes a critical discussion of the merits of the legislative budget provision of the Legislative Reorganization Act
of 1946. Cannon, Clarence. "A Unique Opportunity : Improved Fiscal Control Through
Omnibus Appropriation Bill.” Tax Review. February 1950. A sympathetic discussion of the 1950 experiment with the consolidated appropriation bill
procedure. Chamber of Commerce of the State of New York. Strengthening Congressional
Fiscal Control. January 1950. 17 pp. Describes present obstacles to effective congressional fiscal control and outlines eight steps by which it believes
that Congress can exercise more effective control. Chamber of Commerce of the U.S. Controlling Federal Expenditures. June
1944. 38 pp. Outlines a 14-point program for strengthening congressional control of federal expenditures. An Appendix lists 13 bills then pending
in Congress to aid it in making appropriations. Chamber of Commerce of the United States. Committee on Economic Policy. How much can our economy stand? An examination of the impact of taxes and expenditures. Washington, 1951. 32 p. Civic, Miriam, and others. How to streamline the federal budget. Conference board business record (New York) May 1951, v. 8: 182-200. Makes various
proposals as to where and how cuts can be made. Commission on Organization of the Executive Branch of the Government. Task
Force Report on Fiscal, Budgeting, and Accounting Activities. Washington, Govt. Print. Off., January 1949. 110 pp. Includes findings and recommendations of the Task Force on "Congressional Aids in Reviewing the Budget
and Authorizing the Appropriations," pp. 69-78. Commission on Organization of the Executive Branch of the Government. Re
port on Budgeting and Accounting. February 1949. Washington, Govt. Print. Off., 101 pp. Report of the Hoover Commission recommending reforms in fed
eral budgeting and accounting. Committee for Economic Development. The stabilizing budget policy: what it
is and how it works. N.Y., Committee for Economic Development, 1950.
19 p. "Reviews proposals for stabilizing federal taxation and spending." Committee for Economic Development. Research and Policy Committee. Tax
and expenditure policy for 1952: a statement on national policy. (New York) 1952. 34 p. The budget problem for 1953. Cutting the budget. If expenditures are not reduced. Improving the tax structure. Congressional digest (Washington) v. 32, Jan. 1953: 1: 32. The question of
curbing the federal power to tax and spend. Constitutional provisions involved: The move to repeal the 16th amendment. The move for a 25 per
cent tax limit. The move to limit the spending power. Pro and con-discussion. Douglas, Senator Paul H. The federal budget. Journal of finance. (Blooming
ton, Ind.) June 1950, v. 6, 129-147. “This paper was delivered before a joint meeting of the American Finance Association and American Economic As
sociation in New York City on December 28, 1949." Douglas, Paul H. Economy in the National Government. Chicago. University
of Chicago Press. 1952. 277 pp. The Senator from Illinois deals in Part I with the size, growth, and major areas of federal expenditures, need for economy, and the budget process; in Part II he discusses waste and nonessential expenditures in military and civilian areas, with suggestions for savings; and in Part III shows how revenues can be increased by closing
tax loopholes. Douglas, Paul. Ways for the U.S. to save money. Interview with Senator
Douglas of Illinois. U.S. news and world report (Washington) v. 31. Oct. 19, 1951 : 28-32. Points out the specific activities and expenditures which, in the opinion of Sen. Douglas, should be cut. Urges the aid of special assistants to help Congress in passing upon budget requests. Editorial Research Reports. Washington, D.C. The Executive Budget and Ap
propriations by Congress, by Harold Kellock. February 1, 1943. Legislative Budget-Making, by L. B. Wheildon. January 6, 1948. Government Spending, by Buel W. Patch, November 30, 1949. Includes discussion of proposed re
forms in appropriations procedures. Fielder, Clinton. "Reform of the Congressional Legislative Budget." National
Tax Journal. March 1951. pp. 65-76. Reviews the experience with the legislative budget provision of the Legislative Reorganization Act of 1946 and
suggests how it could be made effective. Ford, Henry Jones. The Cost of our National Government. New York, Columbia
University Press. 1910. 147 pp. Discusses the growth of expenditure, making the national budget, constitutional agencies of budget control, theory, and practice in the U.S., comparisons with other countries, evolution of the American system, political conditions and tendencies, and possibilities of
improvement. Fortune (Chicago) v. 45, February 1952: 81-84. 220. Has Congress broken
down? Concludes it has. “The American Congress is foundering." Finds the Executive has robbed it of power, it has lost control of both the military and the purse, it cannot know what happens to the money it appropriates, is even losing its right to make law. Deplores the legislative procedure, and concludes that the only way Congress can be saved is for it to "control
and manage itself"'-—with a new vigor and determination. Galloway, George B. Congress at the Crossroads. New York, Crowell, 1946.
388 pp. Description and critique of the legislative phase of the budget process ; and proposals for strengthening the prospective and retrospective control of expenditures. pp. 245-266.
- Reform of the Federal Budget. Public Affairs Bulletin No. 80. Legislative Reference Service, Library of Congress, April 1950, 168 pp. Describes methods of controlling executive expenditures at each stage of the budget process, alleged defects in budgetary practices at each stage, and makes an inventory of suggestions for reform.
- "The Operation of the Legislative Reorganization Act of 1946." American Political Science Review. March 1951. pp. 41-68. Includes a review of operation of the provisions of the Act which were designed to strengthen
fiscal control. See pages 62-65. Galloway, George B. “Next Steps in Congressional Reform.” University of
Illionis Bulletin. December 1952. 32 pp. Includes a description of congressional fiscal machinery, recent experience with the legislative budget and the consolidation of appropriations, and suggests four next steps toward fiscal control : (1) creation of a Joint Committee on Fiscal Policy; (2) consolidation of the appropriation bills; (3) item-veto power for the Presi
dent; and (4) biennial appropriations. Gates, Theodore R. New strings for the public purse. Conference Board busi
ness record (New York) v. 9, January 1952: 26-34. Considers the following proposals: the creation of a Joint Committee on the budget; requiring consolidation of all (or nearly all) appropriations bills; actually abiding by the budget procedures contained in the Legislative Reorganization Act of
1946; more professional assistance to legislators. Griffith, Ernest S. Congress : Its Contemporary Role. New York. Oxford Uni
versity Press. 1951, 191 pp. Chapter 7 describes the role of Congress in the appropriations process and recent efforts to achieve an overall view of fiscal
policy. Harris Joseph P. Needed reforms in the federal budget system. Public adminis
tration review (Chicago) v. 12, Autumn 1952: 242-250. Points out the weaknesses of our present system and reviews certain proposals for its improvement. Calls for closer executive-congressional relationship and the
creation of a national commission of inquiry. Hoffman, Paul C. Living beyond our means. Atlantic monthly (Boston) v. 190,
November 1952; 33-36. Urges careful examination of our federal expenditures, but sees small chance for a substantial reduction unless the Kremlin
changes its attitude. Huzar, Elias. The Purse and the Sword : Control of the Army by Congress
through Military Appropriations. Ithaca, N.Y., Cornell University Press. 1950. 417 pp. A case study of the appropriations process in Congress, with special reference to the Military Establishment, covering the period 1933-1950. Includes chapters on "legislative control and administrative discretion” and "toward a tighter purse and a sharper sword.” Johnson, Edwin C. Appropriations for support of government. Remarks in the
Senate. Congressional record [Daily ed.] (Washington) v. 99, Jan. 13, 1953 : 367-375. Proposes a percentage approach in making appropriations and outlines M. John Cramer's incentive plan for supervisors. Contends that the
use of this plan would save money. Kammerer, Gladys M. Congressional Committee Staffing since 1946. Bureau of
Government Research, University of Kentucky, 1951, 65 pp. An evaluation of the professional staffing of the standing committees of Congress under the Legislative Reorganization Act of 1946, including the staffing of the House
and Senate Committees on Appropriations. Krauss, E. A. A realistic appraisal of Truman's program and budget-how far
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nightly (Washington) May 24, 1951, v. 47: 688-694 "A critical analysis of past blunders and other excesses in Federal spending for public projects of
strictly local benefit or no benefit at all." League of Women Voters of the United States. Congressional Strings on the
Public Purse. October 1952. 22 pp. A memorandum to the membership of the national league, describing the power of the purse, the evolution of the federal budget, the present budget system, and some better methods for
congressional control. Lewis, Verne H. Toward a theory of budgeting. Public administration preview
(Chicago) v. 12, Winter 1952 : 42-54. Examines the principles of budgeting and offers an alternate budget procedure. The author is Chief, Budget Di.
vision, Hanford Operating Office, Atomic Energy Commission. Lutz, Harley L. The administrative versus the cash-consolidated budget. New
York, National Association of Manufacturers, 1951. 11 p. (Economic Policy Division series no. 46) Budget concepts and terminology. Disposition of cash surpluses. Effects of budget on public debt. Function of cash-consolidated budget. Distortions in administrative budget. A managed economy via fiscal policy. Major defects of "control" philosophys. Cash-consolidated budget as measure of pay-as-we-go. Macmahon, Arthur W. "Congressional Oversight of Administration: the Power
of the Purse." Political Science Quarterly. June and September, 1943. pp. 161-190, 380-414. Gives a penetrating description of the legislative phase of
the budget process. Magill, Roswell. How to balance the federal budget. Proceedings of the
Academy of Political Science (New York) v. 25, May 1952: 13-22. Urges restoration of Congressional control of the budget, as well as suspension of all spending authorizations. Finds several loopholes which need close atten
tion. March, Michael S. A comment on budgetary improvement in the national gov
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committees. Miller, Herbert J. Federal expenditures: They can be reduced. California,
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level. Points out those areas where possible savings might be made. Miller, Herbert J. The key to government fiscal policies. Tax review (New
York) v. 13, December 1952: 57-62. Emphasizes the lack of control over expenditures by the Congress due largely to carry-over funds. Makes pro
posals for adequate controls. National Association of Manufacturers. Government Economy Committee.
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legislation requiring funds. Norrell, Rep. W. F. Remarks in the House of Representatives on the history
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