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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
George Washington Law Review 124 (1969).

Goostree, Robert E., "The Power of The President To Impound Appropri-
ated Funds: With Special Reference To Grants-In-Aid To Segregated
Activities," 11 The American University Law Review 32 (1962).
Government Operations, Committee on, staff memo, No. 85-2-27,
"S. 3578-To prohibit the withholding or impounding of appropria-
tions," June 23, 1958....

Inter-University Case Program, the, Cases in Public Administration and
Policy Formation, "The Impounding of Funds by the Bureau of the
Budget," by J. D. Williams, ICP case series: No. 28, November 1955....
Johnson, Hon. Lyndon B., President of the United States, letter to the
Speaker of the House of Representatives, March 26, 1964; with list of
amounts permanently reserved...
Kennedy, Hon. John F., President of the United States, letter to Hon.
Carl Vinson, Chairman House Armed Services Committee, March 20,
1962.

Library of Congress, Legislative Reference Service, American Law Divi-
sion:

"Impoundment by the Executive Department of Funds Which Con-
gress Has Authorized It To Spend Or Obligate," May 10, 1968-----
"Legislation To Require Spending of Appropriated Funds," memo-
randum of March 10, 1971____

Library of Congress, Congressional Research Service, Government and
General Research Division, "Presidential Impoundment of Funds,"
memorandum of April 12, 1971.

"Medical Facilities Construction and Modernization Amendments of
1970," House of Representatives, Document No. 91–353, 91st Congress,
second session, excerpts..

Miller, Arthur Selwyn, professor_of_law, the George Washington Uni-
versity, "Presidential Power To Impound Appropriated Funds: An
Exercise in Constitutional Decision-Making," 43 North Carolina Law
Review 502 (1965) __

National Education Association, Division of Press, Radio, and Television
Relations, press release, excerpts, April 5, 1971-----

National Fisheries Center and Aquarium, Bureau of Sport Fisheries and
Wildlife, Department of the Interior:

103

120

584

527

378

401

526

291

304

594

597

315

599

Fact sheet, February 10, 1971..
Fact sheet, March 24, 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,
Department of Justice:

"Presidential Authority To Impound Funds Appropriated for Assist-
ance to Federally Impacted Schools," memorandum to Hon. Ed-
ward L. Morgan, Deputy Counsel to the President, December 1,
1969.

"Presidential Authority To Impound Funds Appropriated for Office
of Education Programs," memorandum to Hon. Edward L. Morgan,
Deputy Counsel to the President, December 19, 1969..

Stennis, Hon. John C., a U.S. Senator from the State of Mississippi, excerpt
from transcript of meeting of Subcommitteee on Reprograming of Funds
of the Senate Committee on Armed Services, April 6, 1971...
Truman, Hon. Harry S., President of the United States:
Statement of October 29, 1949____

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
Since 1945".

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,"
March 26, 1964, compilation by department or agency..
Budget of the United States, The, Table 7, "Controllability of Budget
Outlays (in billions of dollars)," excerpt from summary tables..
Commerce, U.S. Department of, Bureau of Public Roads, "Limitation on
Federal-Aid Highway Obligations, Fiscal Year 1967"

Defense, Department of, "Analysis of Planned Utilization of Additional
Appropriations Provided by the Congress Over Budget Request, Fiscal
Years 1956-69".

"Precedents For Reserving Funds Appropriated By The Congress But
Not Requested By The President".

Housing and Urban Development, Department of, Office of the Secretary,
Office of Budget, "Selected List of Program Funds Available for Use in
Fiscal Year 1971 (in millions)," March 1, 1971..
Interior, U.S. Department of the, "Statement Showing Budget Reserves
for Period Fiscal Years 1945 Through 1969," compilation by bureau....
National Association of Housing and Redevelopment Officials, "Public
Housing Activity in Jeopardy Because of Hold-Back of Federal Funds-
December 31, 1970," compilation by State..

402

9

559

471

526

9

490

513

National Labor Relations Board, "Analysis of Reserves in Relation to
Appropriations, Fiscal Years 1945-68".

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
February 23, 1971".

"Amounts Withheld From Obligation by Agency and Account
(February 1971)".

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
Post, August 1, 1968..

600

Chadwick, John, "Democrats Try to Loosen Funds," the Evening Star,
Washington, D.C., March 26, 1971.

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
Times, March 28, 1971...

596

Elder, Shirley, "Democratic Anger Growing Over Nixon's Fund Freeze,"
the Evening Star, Washington, D.C., April 27, 1971---
Finney, John W., "Ellender Suggests Congress Could Free Impounded
Funds by Halting Outlays for Nixon Programs," the New York Times,
April 14, 1971___

602

603

Herbers, John:

"Sparkman Assails Nixon for Refusing To Spend $8 Billion," the
New York Times, March 4, 1971...
"Nixon Aides Defend Postponing Outlays,'

Page

604

"the New York Times,

March 3, 1971__.

606

Hope, Paul, “Aide Says Nixon May Move To Release Frozen Funds," the
Evening Star, Washington, D.C., April 7, 1971.

607

Kilpatrick, James J., "Impounding Funds: The Question is Power," the
Sunday Star, Washington, D.C., April 4, 1971...

Large, Arlen J., "Frozen Money: Can President Refuse To Spend Some
Funds? Fight Rages in Capital," the Wall Street Journal, April 22, 1971-
Miller, Nathan, "Congress Losing Power of the Purse," Commercial Ap-
peal, Memphis, Tenn., March 20, 1971.

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

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Newsday, Long Island, N. Y., Nader: Kill Tax Subsidy," March 22, 1971-
Newsweek, "The Economy: Nixon's Nest Egg," April 19, 1971-...

Oak Ridger, the, Oak Ridge, Tenn., "Administration Fund Freeze: Threat
To Power Separation?" March 22, 1971----

615

615

616

Oliphant Thomas, "Why Should Nixon Let $20b Go Unspent?" Boston
Globe, Boston Mass., April 13, 1971...

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-
ington Post, April 5, 1971...

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
By Congress," April 19, 1971

622

Volz, Joseph, "Congress Frying Nixon Over Fish," the Washington Daily
News, April 2, 1971...

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-
trol of Expenditures: Annotated Bibliography of Selected References,"
February 13, 1968-
Subcommittee on Separation of Powers, Staff, "Executive Impoundment
of Appropriated Funds: A List of References," March 23, 1971.____.

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.

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