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Agriculture
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Agriculture
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Department of Agriculture. (1862 - )
Presidential appointments
Civil service
Food stamps
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The original documents are located in Box 1, folder "Agriculture" of the Philip Buchen
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
March 7, 1975
Lazarus
To:
Ken Lazarus
From: Phil Buchen
Could you work on this --
or have someone over
there do it?
FORD is LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
March 4, 1975
MEMORANDUM FOR:
JIM CANNON
FROM:
JERRY H. JON
I have been advised by Dick Cheney that the President feels the top
priority for the Domestic Council right now is to find ways to tighten
up on the Food Stamp Program. Would you please pull together an
option paper for the President and submit your response to this office.
Thank you.
GERALD LIBRARY FORD
Domostec
THE WHITE HOUSE
Council
WASHINGTON
March 7, 1975
MEMORANDUM FOR :
PHIL BUCHEN
FROM :
JIM CANNON One
The President has placed top priority on the Domestic
Council to find ways to tighten up on food stamps.
Secretary Butz told the Vice President, Dick Dunham,
and me yesterday that he is under court order to
"advertise" the availability of food stamps for all
who are eligible.
Can you advise us as to whether anything could be
done legally about this court order?
Many thanks.
CC: Dick Dunham
FORD & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
March 4, 1975
MEMORANDUM FOR:
JIM CANNON
FROM:
JERRY H.
GA
I have been advised by Dick Cheney that the President feels the top
priority for the Domestic Council right now is to find ways to tighten
up on the Food Stamp Program. Would you please pull together an
option paper for the President and submit your response to this office.
Thank you.
FORD i LIBRARY GERALD
agric
March 7. 1975
To:
Ken Lasarus
From: Phil Buchen
Could you work on this --
or have someone over
there do it?
FORD : LIBRARY GERALD
legric
THE WHITE HOUSE
WASHINGTON
March 7, 1975
MEMORANDUM FOR :
PHIL BUCHEN
FROM :
JIM CANNON Que
The President has placed top priority on the Domestic
Council to find ways to tighten up on food stamps.
Secretary Butz told the Vice President, Dick Dunham,
and me yesterday that he is under court order to
"advertise" the availability of food stamps for all
who are eligible.
Can you advise us as to whether anything could be
done legally about this court order?
Many thanks.
CC: Dick Dunham
BERALD FORD LIBRART
Barry has the original and says
this is not likely to be a political
issue.
Forfiling
LIBRARY GERALD P. FORD
standips
UNITED STATES DEPARTMENT OF AGRICULTURE
OFFICE OF THE GENERAL COUNSEL
WASHINGTON, D.C. 20250
MAR i 2 1975
Honorable Philip W. Buchen
Counsel to the President
The White House
Washington, D. C. 20500
Dear MM. Phasene Mchen:
For your information, there follows a summary of matters arising out of
the case of Bennett V. Butz, USDC, D. Minnesota, No. 4-73 Civ. 284.
In this civil action filed in June 1973, the plaintiffs, including
individual food stamp recipients, an unincorporated association of
welfare recipients, and the National Welfare Rights Organization,
challenged certain aspects of the Food Stamp Program carried out by this
Department under the Food Stamp Act of 1964, as amended (7 U.S.C. 2011-
2026). They alleged (1) that the Department's Economy Food Plan, upon
which food stamp allotments for participating households are based, does
not constitute a nutritionally adequate diet, (2) that the monetary
value of the coupon allotments established by the Department is insuf-
ficient to purchase the food which makes up the Economy Food Plan, and
(3) that the Department has failed to see to it that the several States
carry out effective "outreach" pursuant to section 10 (e) (5) of the Act
(7 U.S.C. 2019 (e) (5)), which requires that the plan of operation of each
State which desires to participate in the program shall be submitted to
the Department for approval and that such plan shall provide, inter
alia: "That the State agency shall undertake effective action, including
the use of services provided by other federally funded agencies and
organizations, to inform low-income households concerning the availability
and benefits of the food stamp program and insure the participation of
eligible households."
The plaintiffs also sought a preliminary injunction requiring the
defendants to obligate the otherwise unobligated balance of the funds
appropriated for carrying out the Food Stamp Program for fiscal 1973, a
sum then estimated at approximately $300,000,000.00. The purpose of
the relief requested was to preclude the lapse of these funds as of
July 1, 1973. On June 25, 1973, the court issued such an injunction.
A copy of the court's Findings of Fact, Conclusions of Law and Order is
enclosed. The defendants complied with the order.
FORD
On October 11, 1974, the court filed its Memorandum and Order on the
merits of the case, a copy of which is also enclosed. It refused
RALD
LIBRARY
rule on the issue on the adequacy of the Economy Food Plan in deference
2
to pending litigation in the District of Columbia on the same issue.
However, the court directed the defendants to make available for immediate
expenditure the funds which had previously been obligated pursuant to
its preliminary injunction, and to take a number of actions to implement
outreach in accordance with the guidelines set forth in the court's
memorandum. Further, the order, amended on November 27, 1974, directed
the defendants to submit to the court a report specifing the actions
which had been taken pursuant to such order.
After extensive consultation within the Department, it was decided that
a recommendation against appeal of the court's order would be submitted
to the Department of Justice. This decision was made in consideration
of the fact that the Food Stamp Act had been amended in 1973 to provide
that sums appropriated for the program shall remain available until
expended, and that the other relief afforded the plaintiffs was not
unduly burdensome to the defendants, particularly in view of the statutory
outreach provisions. The Department of Justice did not file an appeal.
On January 20, 1975, the defendants, pursuant to the court's amended
order, filed their report. It included, among other things, a statement
that the funds in question had been made available for expenditure and
a proposed instruction to the States which was designed to remedy the
deficiencies which the court found with respect to the States' outreach
efforts.
On February 14, 1975, the plaintiffs filed a motion to determine whether
an order should be issued to show cause why the defendants should not be
held in contempt and for additional relief to implement the court's
amended order of October 11, 1974. Pursuant to negotiations between
counsel for the parties on March 3 and 4, 1975, a stipulation and
consent order were agreed upon, the purpose of which was to spell out
those actions to be undertaken by the defendants which would be considered
to constitute compliance with the court's order. With relatively minor
substantive changes, but with the inclusion of a specific timetable for
the carrying out of various actions, the stipulation agreed to was
similar in content to the defendants' plan as submitted to the court on
January 20, 1975.
Plaintiffs have filed approximately 20 other "outreach" cases in which
both federal and State defendants have been named. The plaintiffs have
entered into stipulations in those cases agreeing that the cases would
be dismissed upon compliance by the defendants with the court's order in
the Bennett case.
FORD
GERALD
LIBRARY
3
We shall be pleased to furnish such further information on this matter
as you may request.
Sincerely,
Jóhn A. Knebel
General Counsel
FUND & GERALD LIBRARY
MEMORANDUM
agree
THE WHITE HOUSE
WASHINGTON
March 14, 1975
TO:
PHILIP W. BUCHEN
FROM:
JAY T. FRENCH or
Attached, in Tab A, is an anonymous letter from an employee at
the Department of Agriculture alleging violations of civil service
laws and regulations. He also suggests that an investigation
would be appropriate but points out that Agriculture's Office of
Investigation had reason to be biased.
I recommend you sign the following memo to Chairman Hampton
of the Civil Service Commission which is set forth in Tab B.
LIBRARY GERALD R. FORD
THE WHITE HOUSE
WASHINGTON
March 14, 1975
MEMORANDUM TO: ROBERT E. HAMPTON
CHAIRMAN
CIVIL SERVICE COMMISSION
FROM:
PHILIP W. BUCHEN T.W.B.
SUBJECT:
Alleged Violations of Civil Service
Laws and Regulations at the
Department of Agriculture
The attached anonymous correspondence is referred to you
for appropriate handling. Would you please keep me in-
formed of any action you take.
I call your attention to the writer's contention that the
Office of Investigation at the Department of Agriculture
is prejudiced in this matter.
Attachment
LIBRARY GERALD R. FORD
ITEM WITHDRAWAL SHEET
WITHDRAWAL ID 00635
Collection/Series/Folder ID No.
: 001900069
Reason for Withdrawal
: DR, Donor restriction
Type of Material
: MEM, Memo (s)
Creator's Name
: Robert Hampton
Receiver's Name
: Philip Buchen
Description
:
re allegations of improper person
nel practices at the Department of Agriculture
Creation Date
: 04/25/1975
Date Withdrawn
: 05/06/1988
MATERIALS FILED IN
cc:
Vander Laan, Robe
Rini, Nicholas
"MUSHROOM" FILE
Special Trade
Representative
4/15/75 letter to Philip Buchen from Nicholas J. Rini
Martin, Lewe
(with copy to Michigan Senator Robert VanderLaan)
Domestic Counci
Agriculture
4/22/75 memo to Ken Gunther forwarding letter of 4/15 with
further reference to the material sent on 3/5 (copy of
letter to Michigan Senator Robert Vanderlaan)
and
3/25/75 letter from Lewe B. Martin (Pope Ballard & Loos)
to Nicholas J. Rini, attaching Petition of Mushroom
Processors Association to the President to Negotiate
Agreements on Canned Mushrooms under Section 204 of
the Agricultural Act of 1956.
4/29/75 - Memo from Frederick B. Dent sending cy of 4/28 letter
to Michigan Senator Robert VanderLaan concerning the
mushroom matter and Nicholas Rini, and returning our
memo of 4/22 to Ken Gunther since he feels the letter to
Sen. VanderLaan provides the resp onse to both of the letters.
FORD is LIBRARY 03
agriculture
Monday 5/12/75
10:45 Checked with Secretary Buts' office and got the
following address:
Orville Freeman
(212) Plaza 9-7700
President
Business International Corporation
One Dag Hammarskjold Plaza
New York, New York 10017
FORD i LIBRARY 02RALD
agriculture
THE WHITE HOUSE
be
WASHINGTON
Domestic
May 15, 1975
counce)
MEMORANDUM FOR:
JIM CANNON
THROUGH:
PHIL BUCHEN T.W.B.
FROM:
KEN LAZARUS ke
SUBJECT:
Food Stamps
I have reviewed your draft memorandum to the President on
the referenced subject and offer the following:
1. As a general observation, I am impressed with the general
thrust of the memo in that it attempts to eliminate certain
inequities and inefficiencies and to improve enforcement
procedures rather than approaching the subject simply on
the basis of its budgetary impact.
2. The original enactment of the food stamp program was based,
in substantial part, upon a need to make adequate use of food
surpluses -- a condition' which no longer exists. The program is
now viewed principally as another element of federal welfare
initiatives. Therefore, I believe it is necessary to view the
various issues posed by this program in the context of the overall
reform of federal welfare programs.
3. Recognizing however, that overall reform is a long-range
project, the following observations are offered on the various
short-term options which are presented:
(a) Food stamps for strikers. In view of the fact that
chances for Congressional adoption of this proposal
are slim to none, I would hesitate to provoke the
wrath of labor.
(b) Addicts and alcoholics. It is my understanding that
only minimal savings can be realized by cutbacks
this area. Therefore, I would hesitate to support
the option.
BERALE FORD LIBRART
- 2 -
(c) College students. My visceral reaction is to
support the elimination of the work exemption
for college students. Additionally, on the basic
question of eligibility, the current scheme fails
to focus upon the family unit which I believe is
the traditional approach of welfare programs.
(d) Income eligibility. Would it be realistic to suggest
the inclusion of an additional option to exclude from
the food stamp program all individuals who do not
qualify as welfare recipients?
(e) Specific plans. Of the specific plans which are
presented, I would support #3: "Set a single
$100 national standard but continue categorical
eligibility and include a special deduction for the
aged of $50."
i
FORD
GERALD
LIBRARY
agree
THE WHITE HOUSE
WASHINGTON
October 30, 1975
Dear Mrs. Farley:
Thank you for your letter of July 5, 1975, which
expresses your concern for puppy mills.
The U. S. Department of Agriculture (USDA) is
concerned for the care and humane treatment of
animals. The Animal Welfare Act, administered
by the Department, provides for "creature comforts"
for all warmblooded animals whether used for
research purposes, exhibition, or held for sale
(wholesale) as pets.
Dealers who sell puppies wholesale must be licensed
by the Department. Standards for the humane care
and treatment of puppies on the dealers' premises
and during transportation must be maintained or the
dealers are subject to prosecution. Department
personnel performed approximately 23,000 unannounced
inspections of dealers' premises last year to ensure
compliance with the regulations and standards. In
addition, inspections were performed at air terminals.
The majority of people who raise dogs and cats for
sale as pets are genuine animal lovers, and they do
their best to provide humane care and proper
facilities. As with any business operation, there
are some individuals in the pet animal breeding
business who are concerned only with financial gains.
This type of operation results in publicity which
brands the entire industry as inhumane, when in
fact the majority of breeders show genuine concern
for their animals. They know that just as fine
cattle demand a high price, so do well-cared-for
puppies.
A proposed amendment to the Animal Welfare Act, H. R.
5808, has been introduced in Congress by Congressman
Thomas S. Foley. If passed into law, this amendmer
GERALD
LIBRARY
- 2 -
would require health certificates for certain
animals shipped in commerce and would also require
that dogs and cats be at least 8 weeks old before
they are shipped. This law would also prohibit
the shipping of dogs c.o.d. Stopping this type
of delivery would not prevent a purchaser from
refusing an animal found to be ill or refusal
for any other reason. Some provision must be
made for care and treatment prior to returning
ill animals to solve this problem.
We appreciate your taking time to write about
humane care for animals. The Department does and
intends to continue to enforce the provisions of
the Animal Welfare Act.
Sincerely,
TheijiW. Buchen
Counsel to the President
Mrs. John R. Farley
7420 Venetian Way
West Palm Beach, Florida 33406
FORD & LIBRARY
THE WHITE HOUSE
agric
WASHINGTON
March 10, 1976
Dear Earl:
Word has reached me from Grand Rapids that
you are going to be appearing there the
middle of this month. If you have not
already seen the open letter to you which
appeared in the local newspaper, I am
enclosing one. Obviously the people of
Grand Rapids want you to like their city.
I understand you will be going to the
campus of Grand Valley State Colleges. That
is an institution which is dear to my heart
because I spent six years in planning and
developing the campus and getting the college
started from scratch. Bill Seidman also had
a major role in getting this college started
and was the first chairman of its Board of
Control.
I hope you will enjoy your visit.
Sincerely,
Thil
Philip W. Buchen
Counsel to the President
The Honorable Earl Butz
Secretary of Agriculture
Washington, D. C. 20250
Enclosure
FORD & GERALD LIBRARY
Dear Mr. Butz: Don't
Look Now, but Grand Rapids
Jan
Blaich
Emerges as a Stylish City
The question everyone will be waiting to have
New York or Los Angeles. But in Grand Rapids?
answered when Earl Butz comes to town in
By this time, art watchers were ready for
mid-March is: Has he picked up any of the rumors
anything from Grand Rapids, and they were
rustling around a variety of national publications
certainly not disappointed. There was a Robert
that Grand Rapids is something more than a
Morris earth sculpture project at Belknap Park that
midwest hick town?
had implications for park planning and soil erosion
If Mr. Butz hasn't gotten the word about Grand
control; a Calder rooftop painting that called
Rapids yet, a lot of other people in the country have.
attention to providing pleasing aerial views, and
This national curiosity about a president's
finally a fish ladder designed by Joe Kinnebrew that
hometown is almost unprecedented, at least in
stretched the limits of the concepts of sculpture in an
recent memory. For some reason, there didn't seem
unheard of application.
to be much public interest in Whittier, Calif. And
The fish ladder furthermore drew attention from
Presidents Johnson, Kennedy, Eisenhower and
outside the circle of art lovers in Washington and
Roosevelt were all more closely associated with
elsewhere. Environmentalists and urban planners
family estates, farms, or ranches than
became admirers of the project, and admiring of
"hometowns".
Grand Rapids. An article about the fish ladder
Only Harry Truman invoked a sense of coming
appeared last fall in Fortune magazine, of all places.
from a community. Independence, Mo., became
Just a few weeks ago, the Saturday Review came
forever implanted in imaginations of Americans as
up with another look at Grand Rapids. Again, the
the prototypical small town where everyone knows
story centered around our astonishing success in
everyone else, and people probably still sit on front
innovative art projects. But this time, Grand Rapids
porches.
was also cited as the kind of medium-size city that
And now we have Grand Rapids. Is there anything
might be thought of as a model for other cities in
else behind the national fascination with our city
revitalization of city centers.
other than being the hometown of President Ford?
The approach in Grand Rapids, according to
The trigger to piquing curiosities about Grand
author and architectural critic, William Marlin, is
Rapids unquestionably came from Washington, and
not a grand plan to dazzle the world, but an attempt
the least likely of sources: the National Endow-
to make a gain on the city's deteriorating environ-
ment for the Arts. Grand Rapids a cultural
ment "five yards at a time, Vince Lombardi style"
innovator? Indeed yes, said the people at Endow-
with what we have at hand.
ment. To observers of the visual arts, Grand Rapids
Rehabilitation of the old federal building for use as
had already provided several surprises by accomp-
a community arts center is a first rate example of
lishing benchmark projects with sculpture in public
this pragmatic approach, says Marlin. He observes
places.
that the award-winning proposed design for the
The history of the Calder as the first public
building is a juxtaposition of old and new that is
sculpture project funded by the National Endow-
"symbolic of Grand Rapids' own struggle with its
ment is well-known. Perhaps less known to many
overall resources, and will set an example nation-
people in Grand Rapids is how our city and that
wide as many communities now undertake reuse of
project were touted around the country as a favorite
similiar federal properties."
example of the ripple effects that can occur in a
And so, while it is true that all of this attention
community as a result of such a project (even to
focused on Grand Rapids is in large part because
include providing a logo for city stationery, bill-
this is the President's hometown, there is much
boards and garbage trucks).
more to it than that. Grand Rapids has emerged as a
Countless references to the Calder and Grand
city with unexpected vitality and style, with some
Rapids have been made in national publications to
suggestion of leadership in problem solving and
the point that most of us who used to clip articles
creativity for other cities.
have given up keeping track.
It's nice that a lot of people know that now cept
In rapid succession came other sculpture projects
perhaps Mr. Butz. But the most important thing
that claimed national attention, including the
about all of the flattery and attention may be that
Sculpture Off the Pedestal project masterminded by
people of Grand Rapids will recognize and ap-
the Art Museum's Women's Committee. Not that
preciate their own accomplishments and measure
commissioned sculpture placed in urban settings
them in terms of how far we have yet to go in
was anything new-one expected that sort of thing in
achieving the revitalization of our city.
THE WHITE HOUSE
WASHINGTON
Make cogry for
Bill ferdman
P.
sent
72/61/8
OFFICE OF
THE SECRETARY OF AGRICULTURE
March 15, 1976
Mr. Philip W. Buchen
The White House
Dear Phil:
Thanks for your note of March 10
relative to your own interest in
Grand Valley State College.
I was much impressed with it. It's
young, but it is pervaded by a
healthy spirit of growth. I know
it makes a tremendous contribution
there.
Paul Johnson told me of your own
contribution to this, as well as
that of Bill Seidman. And "Doc"
Grysen also told me about it.
They're all very grateful for the
tremendous contribution both of you
made in getting the college organized,
and giving it guidance during it's
early years.
Jerry Ford has SO much support in that
district that he ought to go back
there someday and run for King.
He would make it unanimously!
R.TORD
With warm regards, I am
Sincerely yours
Earl
EARL L. BUTZ
THE WHITE HOUSE
WASHINGTON
October 4, 1976
MEMORANDUM FOR:
DICK CHENEY
FROM:
PHIL BUCHEN
T.
SUBJECT:
Secretary of Agriculture
When the Secretary of Agriculture resigned today, the
Under Secretary, unless otherwise directed by the Presi-
dent, automatically became Acting Secretary. However,
under the Vacancies Act (5 U.S.C. 3345, et seq.), he
may serve as Acting Secretary for not more than 30 days,
even though the Congress has adjourned sine die and the
Senate cannot receive a nomination.
In order to avoid legal challenges to actions taken by
the Acting Secretary after the expiration of this 30-
day period, the President will have to make a recess
appointment of a new Secretary within 30 days. For
your information, the holder of such a recess appoint-
ment would serve as Secretary rather than Acting Secre-
tary, and would be entitled to the salary and other
perquisites of the Secretary. Finally, the holder of
a recess appointment in this situation would be eligible
to serve (subject to the pleasure of the President) as
Secretary until the end of the first session of the
95th Congress, without being subject to confirmation.
FORD & LIBRARY