Fisher, Louis, analyst, Government and General Research Division, Page Congressional Research Service, Library of Congress; formerly assistant professor of political science, Queens College: "The Politics of Impounded Funds,' Quarterly 361 (September 1970). 15 Administrative Science "Funds Impounded by the President: The Constitutional Issue," 38 Goostree, Robert E., "The Power of The President To Impound Appropri- Inter-University Case Program, the, Cases in Public Administration and Library of Congress, Legislative Reference Service, American Law Divi- "Impoundment by the Executive Department of Funds Which Con- Library of Congress, Congressional Research Service, Government and "Medical Facilities Construction and Modernization Amendments of Miller, Arthur Selwyn, professor_of_law, the George Washington Uni- National Education Association, Division of Press, Radio, and Television National Fisheries Center and Aquarium, Bureau of Sport Fisheries and 103 120 584 527 378 401 526 291 304 594 597 315 599 Fact sheet, February 10, 1971.. 216 216 Nixon, Hon. Richard M., President of the United States, "A Conversation with the President," excerpts, telecast on live television and radio with Howard K. Smith, March 22, 1971- 599 Office of Management and Budget, "National Fisheries Center and Aquarium," status report--- Rehnquist, William H., Assistant Attorney General, Office of Legal Counsel, "Presidential Authority To Impound Funds Appropriated for Assist- "Presidential Authority To Impound Funds Appropriated for Office Stennis, Hon. John C., a U.S. Senator from the State of Mississippi, excerpt 141 279 285 600 524 Letter to Hon. Louis A. Johnson, Secretary of Defense, November 8, 1949__ 525 Williams, J. D., professor, "The Impounding of Funds by the Bureau of the Budget,' The Inter-University Case Program, Cases in Public Administration and Policy Formation, ICP Case Series: No. 28, November 1955____ Page 378 TABLES AND COMPILATIONS Agriculture, U.S. Department of, "Executive Impoundment of Funds 400 Atomic Energy Commission, U.S.: "Analysis of Bureau of the Budget Reserves-Fiscal Year 1947 Through June 6, 1969". 406 "Analysis of Office of Management and Budget Reserves-Fiscal Year 1967 Through March 10, 1971". 433 Budget, Bureau of the, "List of Amounts Permanently Reserved," Defense, Department of, "Analysis of Planned Utilization of Additional "Precedents For Reserving Funds Appropriated By The Congress But Housing and Urban Development, Department of, Office of the Secretary, 402 9 559 471 526 9 490 513 National Labor Relations Board, "Analysis of Reserves in Relation to 519 Office of Economic Opportunity, "Temporary Reserves of OEO Appropriated Funds Established by Bureau of the Budget During Fiscal Years 1965 Through 1969". 521 Office of Management and Budget: "Status of Amounts Reserved or Otherwise Unapportioned as of "Amounts Withheld From Obligation by Agency and Account 164 Veterans' Administration, "Instances Since 1945 That Bureau Impounded or Froze Funds Authorized to Veterans' Administration by Congress". Veterans' Affairs, Committee on, U.S. House of Representatives, "Statement of Accountability". 561 543 Transportation, Department of, "Data Regarding Appropriations, Apportionments, Reserves, and Rescissions". 553 NEWS ARTICLES Anderson, J. W., "LBJ Freezes 'Impacted Areas' Funds," the Washington 600 Chadwick, John, "Democrats Try to Loosen Funds," the Evening Star, 601 Daily Press, the, Newport News, Va., "Husband, Wife Relationship," editorial, March 28, 1971. 602 Dale, Edwin L., "Impounding Rate Called 'Normal,' "the New York 596 Elder, Shirley, "Democratic Anger Growing Over Nixon's Fund Freeze," 602 603 Herbers, John: "Sparkman Assails Nixon for Refusing To Spend $8 Billion," the Page 604 "the New York Times, March 3, 1971__. 606 Hope, Paul, “Aide Says Nixon May Move To Release Frozen Funds," the 607 Kilpatrick, James J., "Impounding Funds: The Question is Power," the Large, Arlen J., "Frozen Money: Can President Refuse To Spend Some New York Times, the: 608 609 611 "Fund Impounding by Nixon Backed," March 25, 1971_'Separate Those Powers," editorial, April 21, 1971... News and Observer, the, Raleigh, N.C.: "Ervin Cites Impounded U.S. Funds," March 19, 1971 "Ervin Challenges Nixon on Funds," March 24, 1971 612 613 614 614 Newsday, Long Island, N. Y., Nader: Kill Tax Subsidy," March 22, 1971- Oak Ridger, the, Oak Ridge, Tenn., "Administration Fund Freeze: Threat 615 615 616 Oliphant Thomas, "Why Should Nixon Let $20b Go Unspent?" Boston 617 Oregonian, The, Portland Oregon, "Backroom Sabotage", editorial, March 19, 1971 487 Rich, Spencer: "Threatened Veto of HEW Bill is Keyed to Hill Control" the Washington Post, January 8, 1970-- 618 "Nixon's $12 Billion Freeze Angers Key Hill Democrats," the Wash- 619 St. Louis Post-Dispatch, "Waning Powers of the Purse," editorial, March 17, 1971. 621 U.S. News & World Report, "Why Nixon Refuses to Spend Billions Voted 622 Volz, Joseph, "Congress Frying Nixon Over Fish," the Washington Daily 624 Wall Street Journal, the "Someday We've Got to Get Organized," March 17, 1971.. 624 Washington Post, the, "Nixon Asks $8 Billion Added Funds," March 24, 1971__ 625 626 Welsh, James, "Humphrey and Budget Aide Clash Over Funds Freezing," the Evening Star, Washington, D.C., April 6, 1971.. BIBLIOGRAPHIES Library of Congress, Legislative Reference Service, "Congressional Con- 627 632 EXECUTIVE IMPOUNDMENT OF APPROPRIATED FUNDS TUESDAY, MARCH 23, 1971 U.S. SENATE, SUBCOMMITTEE ON SEPARATION OF POWERS, OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 2228, New Senate Office Building, Senator Sam J. Ervin, Jr., chairman, presiding. Present: Senators Ervin and Mathias. Also present: Rufus L. Edmisten, chief counsel and staff director; Joel M. Abramson, minority counsel; Prof. Arthur S. Miller, the George Washington University, The National Law Center, consultant; Prof. Ralph K. Winter, Jr., Yale University Law School, consultant; Prof. Alexander M. Bickel, Yale University Law School and the Center for Advanced Study in the Behavioral Sciences, Stanford, Calif., consultant; Prof. Preble Stolz, University of California School of Law, Berkeley, and visiting professor of law, Yale University; and Prof. Loch K. Johnson, University of North Carolina at Chapel Hill. Senator ERVIN. The subcommittee will come to order. The Subcommittee on Separation of Powers today begins hearings on a subject that goes directly to the heart of the separation of powers doctrine: the impoundment by the executive branch of funds duly appropriated by the Congress. The growing practice of executive impoundment is yet another in a long line of developments in the operation of our national Government which erode the powers of the legislative branch and contribute to the steady deterioration of the constitutional principles upon which this Nation rests. Impounding-or reserving, freezing, withholding, sequestering, depending on semantic choice is not a new concept, and when undertaken for proper purposes, it may be quite useful in effecting economy. Various procedures have been used over the years, the most common being the reserving of funds to prevent deficiencies in a Federal program, or to effect savings. Impoundment also sometimes occurs when Congress, for some special reason such as war or economic unrest, passes appropriations as nothing more than ceilings on expenditures, leaving it within the discretion of the executive branch to expend the funds. Moreover, impoundment may occur as the result of a specific congressional mandate. Under any of these forms of impoundment, the executive branch is permitted or required-to withhold funds under certain specified conditions. (1) |