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JOHN L. MCCLELLAN, Arkansas
QUENTIN N. BURDICK, North Dakota

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

RUFUS L. EDMISTEN, Chief Counsel and Staff Director
JOEL ABRAMSON, Minority Counsel
WALKER F. NOLAN, Jr., Counsel
TELMA P. MOORE, Executive Assistant
PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant
ARTHUR S. MILLER, Consultant
RALPH K. WINTER, Jr., Consultant

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Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina,

Chairman, Subcommittee on Separation of Powers...

Chiles, Hon. Lawton, a U.S. Senator from the State of Florida, chairman,

Ad Hoc Subcommittee of the Committee on Government Operations...

Burdick, Hon. Quentin N., a U.S. Senator from the State of North Dakota;

member Subcommittee on Separation of Powers...

Gurney, Hon. Edward J., a U.S. Senator from the State of Florida; member

Subcommittee on Separation of Powers---

Javits, Hon. Jacob K., a U.S. Senator from the State of New York; member
Ad Hoc Subcommittee of the Committee on Government Operations
Muskie, Hon. Edmund S., a U.S. Senator from the State of Maine; member
Ad Hoc Subcommittee of the Committee on Government Operations__ -
Percy, Hon. Charles H., a U.S. Senator from the State of Illinois; member
Ad Hoc Subcommittee of the Committee on Government Operations___

25, 480

149

24

Bennett, Hon. Charles E., U.S. Representative from the Third Congres-
sional District of the State of Florida_ _ _

Brock, Hon. Bill, a U.S. Senator from the State of Tennessee_
Butz, Hon. Earl L., Secretary of Agriculture; accompanied by John A.
Knebel, General Counsel; and Jerome Miles, Director of Finance, De-
partment of Agriculture_

Byrd, Hon. Robert C., a U.S. Senator from the State of West Virginia.

Cenker, Lewis, First Vice President, National Association of Home Build-

ers; accompanied by Burton Wood, General Counsel; and Carl A. S.

Coan, Jr., Legislative Counsel

Church, Hon. Frank, a U.S. Senator from the State of Idaho.

Commoner, Dr. Barry, Director, Center for the Biology of Natural Sys-

tems, Washington University..

Conte, Hon. Silvio O., U.S. Representative from the First Congressional
District of the State of Massachusetts____

138

169

529

129

Kills Straight, Birgil, Chairman, Coalition of Indian-Controlled Schools;
accompanied by Bertha Lorenzo, Abe Plummer, and Gerald M. Clifford.
Supplemental Statement...

Koch, Robert M., President, National Limestone Institute; accompanied
by Mike Strother, Vice President___
Maffin, Robert W., Chairman, Steering Committee, National Ad Hoc
Housing Committee; accompanied by James Twomey, Vice Chairman
and Executive Vice President, Nonprofit Housing Center; James H.
Harvey, Secretary-Treasurer, Housing Components of the Leadership
Conference of Civil Rights; Rev. Robert E. Johnson, chairman, Inter-
religious Coalition for Housing; and Timothy D. Naegele, coordinator
and general counsel to the Ad Hoc Coalition.......
Muskie, Hon. Edmund S., a U.S. Senator from the State of Maine.
Nader, Ralph, The Center for Responsive Law; accompanied by Alan B.
Morrison and W. Thomas Jacks, Attorneys, Public Citizen, Inc...
Nix, Jack T., Superintendent, Georgia Public Schools, representing the
Council of Chief State School Officers; introduced by William Talmadge,
staff member of Hon. Herman E. Talmadge, a U.S. Senator from the
State of Georgia............

O'Connor, James D., president, National Telephone Cooperative Associ-
ation; accompanied by David C. Fullarton, executive vice president..
Pickle, Hon. J. J., a U.S. Representative from the 10th Congressional
District of the State of Texas_.

Robinson, Charles A., Jr., staff counsel to the general manager, National
Rural Electric Cooperative Association; accompanied by John D.
Hawke, Jr., attorney; and Don Smith, staff economist. ___
Ruckelshaus, Hon. William D., Administrator, Environmental Protection
Agency; accompanied by Robert Sansom, Assistant Administrator,
Air and Water Programs; John Quareis, Assistant Administrator,
Enforcement; and Gary Baise, Congressional Liaison...

Page

217

224

227

445

149

31

463

456

192

123

403

Sarbanes, Hon. Paul S., a U.S. Representative from the Third Congressional District of the State of Maryland.

210

Sneed, Hon. Joseph T., Deputy Attorney General, Department of Justice 344, 358
Staats, Hon. Elmer B., Comptroller General of the United States, accom-
panied by Paul G. Dembling, General Counsel, and John W. Moore,
Associate General Counsel, General Accounting Office__
Stafseth, Henrik, executive director, American Association of State
Highway Officials; accompanied by Thomas F. Airis, president of the
Association....

94

258

Teer, Nello, Jr., senior vice president, the Associated General Contractors of America, Inc.; accompanied by James M. Sprouse, executive director.___

Williams, Hon. Harrison A., Jr., a U.S. Senator from the State of New
Jersey.

PROPOSED LEGISLATION

S. 373, a bill to insure the separation of Federal powers and to protect the legislative function by requiring the President to notify the Congress whenever he impounds funds, or authorizes the impounding of funds, and to provide a procedure under which the Senate and the House of Representatives may approve the President's action or require the President to cease such action; introduced by Hon. Sam J. Ervin, Jr., a U.S. Senator from the State of North Carolina, 93rd Congress, 1st session__.

RELATED LEGISLATION

S. 676, a bill to provide that budget requests of executive agencies shall be made known to the Congress and the public and to require public disclosure by Government agencies of participation in its rulemaking process by other Government agencies; introduced by Hon. Edmund S. Muskie, a U.S. Senator from the State of Maine, 93rd Congress, 1st session__

178

89

7

156

H.R. 415, a bill to prohibit the President from impounding any funds, or approving the impounding of funds without the consent of the Congress, and to provide a procedure under which the House of Representatives and the Senate may approve the President's proposed impoundment; introduced by Hon. Silvio O. Conte, U.S. Representative from the First Congressional District of the State of Massachusetts, 93rd Congress, 1st session...

Page

131

STATUTES

"The Antideficiency Act" (Section 3679 of the Revised Statutes, as Amended) (31 U.S.C. 665) .......

ADDITIONAL STATEMENTS SUBMITTED FOR THE RECORD Boston Legal Assistance Project, statement of Gershon M. Ratner, Esq., Senior Attorney, Counsel for the Boston Public Housing Tenants Policy Council, Inc.__.

Conklin, Everett, on behalf of the Society of American Florists and Florists'
Transworld Delivery Association –

Evins, Hon. Joe L., Representative in Congress from the Fourth Con-
gressional District of the State of Tennessee; chairman of House Sub-
committee on Public Works and Atomic Energy Commission Appro-
priations:

Statement...

Press release, "Chairman Evins Releases Partial Listing of Impoundment by Office of Management and Budget of Funds Appropriated by Congress", January 15, 1973

300

559

579

561

563

Idaho Board of Highway Directors, E. L. Mathes, P.E., State Highway
Engineer, January 1973-

566

Keith, Nathaniel, President, The National Housing Conference_-
Johnson, the Rev. Robert E., Chairman, Interreligious Coalition for
Housing, New York City...

567

455

Moss, Hon. Frank E., a U.S. Senator from the State of Utah..

573

Reid, Hon. Ogden R., Representative in Congress from the 26th Congressional District of the State of New York..

797

Stanton, Nile, Indianapolis, Indiana, statement "An Overview of Impoundment and the Need for S. 373", with accompanying letter of February 6, 1973...

574

SUPPLEMENTAL MATERIALS

Agriculture, Department of:

Examples of Complete Programs Terminated by Presidential
Action...

553

Opinion of the General Counsel, "Termination of Rural Environmental Assistance Program and Water Bank Program", January 5, 1973.

581

News release, "Terminate FHA Water and Waste Disposal Grants",
January 10, 1973__

584

News release, "Rural Housing Program Proceeds on Unsubsidized
Basis", January 10, 1973.

583

Rural Electrification Administration, "Fact Sheet on New REA
Financial Resources", January 11, 1973____

584

Agricultural Stabilization and Conservation Service, "Fact Sheet on
Termination of REAP", January 11, 1973..
Farmers Home Administration, January 11, 1973..

585

585

McGuire, John R., Chief, U.S. Forest Service, letter to all State
Foresters, January 10, 1973..

758

Agreement for Forest Fire Cooperation, between the U.S. Department of Agriculture and the State of Indiana Department of Conservation, with attachments..

757

Butz, Hon. Earl L., Secretary, excerpt from testimony at hearings before the Senate Committee on Agriculture and Forestry, February 1, 1973..

805

Butz, Hon. Earl L., Secretary, letter of February 5, 1973, with attachments..

581

American Association of State Highway Officials:

Johnson, Eugene M., President, before the Joint Hearings of the
Senate and House Public Works Committee, March 1, 1967...
Johnson, A. E., Executive Director, letter to the Members of the
90th Congress, September 17, 1968.

Page

588

586

Resolution on the Subject of the Federal-Aid Highway Program, adopted September 16, 1968..

586

Chronology (relating to cutback of Highway Funds). Appropriations Committee, U.S. Senate:

587

Budget Estimates of New Budget (Obligational) Authority and
Budget Outlays, Fiscal Year 1974, Feb. I, 1973--

1974 Budget Authority of Relatively Uncontrolled Items Considered
in Appropriation Bills...

Arnold & Porter, Washington, D.C., "Memorandum to National Rural
Electric Cooperative Association, re Legality of the Department of
Agriculture's Termination of the Rural Electrification Act Two Percent
Loan Program", January 22, 1973-

Attorney General's Opinion, "Federal-Aid Highway Act of 1956-Power
of President to Impound Funds", Ramsey Clark, Acting Attorney
General, February 25, 1967___

Basin Electric Power Cooperative, Bismarck, North Dakota, James L.
Grahl, letter to Senator Lee Metcalf, January 9, 1973..

Bowman, John J., Jr., Lancaster, Pa., letter to the editor, The Evening
Star and Daily News, Washington, D.C., January 29, 1973.
Budget of the United States Government, Fiscal Year 1974, excerpts:

Table, Budget Authority.

Table, Controllability of Budget Outlays.
"Budget Authority and Related Transactions"
"Congressional Authorization and Appropriation".

Bureau of the Budget, "Authority to Reduce Expenditures", memorandum
to the President, October 1961..

Burlington, Iowa, City of, Wayne W. Hogberg, Mayor, and George E.
Howell, Director, Department of Planning and Development, letter to
Hon. Harold Hughes, U.S. Senator from Iowa, January 17, 1973.--
Citizens Housing and Planning Council, Roger Starr, Executive Director,
"Point of View-Nixon's Purism a Threat to Gains in Housing Field",
The New York Times, January 28, 1973..
Colorado Association of Public Employees, Mike Garamella, Director,
Denver, Colorado, letter to Hon. Don G. Brotzman, U.S. House of
Representatives, January 31, 1973----

322

322

594

872

747

1049

320.

321

810

811

338

785

795

671

Colorado Rural Legal Services, Inc., Denver, Colorado, Donald Juneau, letter of February 2, 1973, with attachment...

671

Columbus Site Developers, Inc., Whiteville, N.C., Lester A. Smith,
President, letter of February 5, 1973---

Commerce, United States Department of:
News releases, January 30, 1973.

Economic Development Administration, release, "Rockfish Water
System (EDA Project)" (undated)

Comptroller General of the United States:

672

673-675

680

Letter to Hon. George H. Fallon, Chairman, Committee on Public
Works, House of Representatives, February 24, 1967.
Letter to Hon. Warren G. Magnuson, Chairman, Subcommittee on
Labor, Health, Education, and Welfare, and Related Agencies,
Committee on Appropriations, U.S. Senate, December 13, 1972.
Legal Memorandum, "NDEA Title III-Mandatory Character of
Appropriation, November 6, 1972.

799

740

741

Types of Reservations of Funds Consistent with the Act..
"The Antideficiency Act: Types of Executive Action in Withholding
or Reserving Appropriated Funds Which May Be Taken Con-
sistent Therewith".

109

105

"Rescissions Specifically Requested by the President Following End of
World War II", table..

121

Cooper, Joseph, professor, Department of Political Science, Rice University:

Letter of February 5, 1973..

675

"Analysis of Alleged 1803 Precedent for Impoundment Practice in
Nixon Administration", with accompanying letter, February 7,
1973_.

676

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