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Kills Straight, Birgil, Chairman, Coalition of Indian-Controlled Schools; Page accompanied by Bertha Lorenzo, Abe Plummer, and Gerald M. Clifford. 217 Supplemental Statement..

224 Koch, Robert M., President, National Limestone Institute; accompanied by Mike Strother, Vice President...

227 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, Interreligious Coalition for Housing; and Timothy D. Naegele, coordinator and general counsel to the Ad Hoc Coalition..

445 Muskie, Hon. Edmund S., a U.S. Senator from the State of Maine...

149 Nader, Ralph, The Center for Responsive Law; accompanied by Alan B. Morrison and W. Thomas Jacks, Attorneys, Public Citizen, Inc.

31 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 -

463 O'Connor, James D., president, National Telephone Cooperative Associ

ation; accompanied by David C. Fullarton, executive vice president.--- 456 Pickle, Hon. J. J., a U.S. Representative from the 10th Congressional District of the State of Texas..

192 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..

123 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..

403 Sarbanes, Hon. Paul s., a U.Ś. 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..

94 Stafseth, Henrik, executive director, American Association of State

Highway Officials; accompanied by Thomas F. Airis, president of the

258 Teer, Nello, Jr., senior vice president, the Associated General Con

tractors of America, Inc.; accompanied by James M. Sprouse, executive director.

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

89 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., U.S. Senator from the State of North Carolina, 93rd Congress, 1st session



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 dis-
closure by Government agencies of participation in its rulemaking
process by other Government agencies; introduced by Hon. Edmund S.
Muskie, à U.S. Senator from the State of Maine, 93rd Congress, 1st


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 0. Conte, U.S. Representative from the First Congressional District of the State of Massachusetts, 93rd Congress, 1st Page session..

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

300 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.

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

579 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-

561 Press release, "Chairman Evins Releases Partial Listing of Impound

ment by Office of Management and Budget of Funds Appropriated
by Congress", January 15, 1973..

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

566 Keith, Nathaniel, President, The National Housing Conference

567 Johnson, the Rev. Robert E., Chairman, Interreligious Coalition for Housing, New York City--

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 Impound

ment 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

Opinion of the General Counsel, “Termination of Rural Environ-
mental Assistance Program and Water Bank Program”, January 5,

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

585 Farmers Home Administration, January 11, 1973

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.-


American Association of State Highway Officials:

Johnson, Eugene M., President, before the Joint Hearings of the Page

Senaté and House Public Works Committee, March 1, 1967-.- 588 Johnson, A. E., Executive Director, letter to the Members of the 90th Congress, September 17, 1968.

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

586 Chronology (relating to cutback of Highway Funds)

587 Appropriations Committee, U.S. Senate:

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

322 1974 Budget Authority of Relatively Uncontrolled Items Considered in Appropriation Bills.-

322 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.

594 Attorney General's Opinion, "Federal-Aid Highway Act of 1956—Power

of President to Impound Funds”, Ramsey Clark, Acting Attorney General, February 25, 1967...

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

747 Bowman, John J., Jr., Lancaster, Pa., letter to the editor, The Evening Star and Daily News, Washington, D.C., January 29, 1973.

1049 Budget of the United States Government, Fiscal Year 1974, excerpts: Table, Budget Authority

320 Table, Controllability of Budget_Outlays.

321 “Budget Authority and Related Transactions",

810 Congressional Authorization and Appropriation'

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

338 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------ 785 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.

795 Colorado Association of Public Employees, Mike Garamella, Director,

Denver, Colorado, letter to Hon. Don Ġ. Brotzman, U.S. House of
Representatives, January 31, 1973.--

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--

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

673-675 Economic Development Administration, release, "Rockfish Water System (EDA Project)” (undated)

680 Comptroller General of the United States:

Letter to Hon. George H. Fallon, Chairman, Committee on Public
Works, House of Representatives, February 24, 1967----

799 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.- 740 Legal Memorandum, “NDEA Title III—Mandatory Character of Appropriation, November 6, 1972..

741 Types of Reservations of Funds Consistent with the Act..

109 "The Antideficiency Act: Types of Executive Action in Withholding

or Reserving Appropriated Funds Which May Be Taken Con-
sistent Therewith”.

“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,


Data Resources, Inc.:

Warden, Charles B., Jr., Vice President, letter to Congressman Michael Page
Harrington, January 8, 1973...

679 Dunkelbarger, Philip, Special Assistant Economic Development, City of Beverly, Beverly, Massachusetts, letter of January 26, 1973..

677 Draft, summary abstract of a Congressional Management System 678 Environmental Protection Agency, William D. Ruckelshaus, Administrator: Environmental Protection Agency-Sewage Treatment Plant and Sewer Construction Cost Index, May 1971, table...

441 Letter to Hon. John A. Blatnik, Chairman, Committee on Public Works, House of Representatives, December 13, 1971.

423 Construction Capability, Inflation and S. 2770 and H.R. 11896 Targets; target failures.

439 Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina; chairman, Subcommittee on Separation of Powers: "Impoundment of Funds”, guest editorial, Limestone, Vol. 8, No. 28

(published by National Limestone Institute, Inc.) summer 1971.-- 681 "List of Impounded Funds”, the Congressional Record, March 13, 1972.-

880 Introduction of S. 373, the "Impoundment Control Bill”, Congressional Record, Vol. 119, No. 8, January 16, 1973..

4 Letter to Director, Office of Management and Budget January 24, 1973.

771 Fisher, Dr. Louis, Government and General Research Division, Congressional Research Service, The Library of Congress: "Antideficiency Act”, excerpt from draft manuscript to be included in a forthcoming book on Presidential Spending Power

396 “Presidential Spending Discretion and Congressional Controls”, ar

ticle to appear in the Winter 1972 issue of Law and Contemporary
Problems, published by Duke University School of Law.-

683 “Congressional Remedies for Impoundment of Funds”, memorandum

to Hon. Adlai E. Stevenson III, a U.S. Senator from the State of
Illinois, May 16, 1972.-

860 Frohnmayer, David B., Assistant Professor of Law, University of Oregon

Law School," "These Parchment Barriers', an Essay on the Vitality of a
Constitutional Idea”, winning essay, Samuel Pool Weaver Constitutional
Law Essay Competition, American Bar Association...

720 Health, Education, and Welfare, Department of:

Richardson, Hon. Elliot L., Secretary, letter to Hon. Warren G.

Magnuson, Chairman, Subcommittee on Labor, Health, Education,
Welfare, and Related Agencies, Committee on Appropriations, U.S.
Senate, November 27, 1972.-

744 Directive relating to the budget for Fiscal Year 1973.

Margulies, Harold, M.D., Director, Regional Medical Programs
Telegram to Coordinators and Grantee Officials of (selected)
Regional Medical Programs, December 29, 1972-

Telegram to All RMPs Coordinators and Grantee Officials, Feb-
ruary 1, 1973.

484 Weinberger, Hon. Caspar W., Secretary, letter to Hon. Jacob Javits, U.S. Senate, February_22, 1973..

732 Hall, Carole H., and John T. Hall, letter to Senator Edmund Muskie, January 5, 1973..

160 Hampton Redevelopment and Housing Authority, Hampton, Virginia,

Robert C. Wilson, Executive Director, letter to Hon Thomas N. Downing, U.S. House of Representatives, January 11, 1973

796 Highway Users Federation for Safety and Mobility, Transportation

Development Division, Technical Study Memorandum No. 2, "Status of Federal-Aid Highway Programs and the Highway Trust Fund”, by S. F. Coffman, P.E., Deputy Chief Engineer, Highway and Traffic Engineering Department, June 1971.

812 Highway Statistical Charts

185-187 Hodges, Luther H., Jr., Chairman, North Carolina Manpower Council,

"Challenges to State and Local Action in Manpower Development”, address at meeting of Local Office Managers, Employment Security Commission of North Carolina, February 6, 1973

806 Page 161








736 734


750 752



Howard, Kenneth, Searsport, Maine, letter to President Richard M.

Nixon, January 16, 1973.
Humphrey, Hon. Hubert H., U.S. Senator from the State of Minnesota:

"Is It a Domestic 'Tonkin Gulf'?'', The Washington Post, Washington,

D.C., October 3, 1972.--
“Humphrey Urges Congress to Assume Rightful Role in Budget

Process”, press release, January 30, 1973-
Iowa State Highway Commission, J. R. Coupla, Jr., Director of Highways,

letter of January 24, 1973
Javits, Hon. Jacob, a U.S. Senator from the State of New York; member
Ad Hoc Subcommittee, Committee on Government Operations:

Letter of February 8, 1973.--
Letter to Hon. Caspar W. Weinberger, Secretary, Department of

Health, Education, and Welfare, February 8, 1973-
Justice, Department of:

“Department of Justice Answers to Questions Concerning Impounding

of Appropriated Funds”, February 26, 1973.. Letter dated Dec. 1, 1969, and memorandum regarding Presidential

authority to impound funds appropriated for assistance to federally

impacted schools Koch, Robert M., President, National Limestone Institute, Inc.:

Letter to President Richard M. Nixon, December 24, 1972..

Statement before the House Agriculture Committee, January 30, 1973. Labor, Department of, Frank A. Potter, Regional Manpower Administra

tion, Denver, Colo., "Sponsor Instruction," January 4, 1973... Landstrom, Karl S., Arlington, Virginia:

“Impounding Appropriations", letter to the editor, The Washington

Post, November 21, 1972.

Letter, February 3, 1973-
Larson, Arthur, Professor of Law, Duke University Rule of Law Research

Center, letter of February 5, 1973. --
Maass, Arthur, Professor of Government, Harvard University, letter of

August 25, 1971...
Magnuson, Hon. Warren G., chairman, Subcommittee on Labor, Health,

Education, and Welfare, Committee on Appropriations, U.S. Senate,
letter to the Comptroller General of the United States, November 9,

Maine, State of, William R. Adams, Jr., Commissioner, Department of

Environmental Protection, letter to Senator Edmund S. Muskie,
January 22, 1973-
Memorandum to President Kennedy on authority to reduce expenditures,

Counsel to the President, Oct. 1961..
Metcalf, Hon. Lee, a U.S. Senator from the State of Montana; member
Ad Hoc Subcommittee, Committee on Government Operations:
"Prohibition of Impoundment of Highway Trust Funds", Congres-

sional Record, August 3, 1972--

Letter of January 15, 1973, with attachments.
McIntosh Foundation Executive Impoundment Project, Jon L. Mills,

Project Director, Holland Law Center, University of Florida, Gaines-
ville, Florida, project description, January 29, 1973---
Miller, Arthur S., Professor of Law, George Washington University:

"Impounding Appropriations”, letter to the editor, The Washington

Post, October 26, 1972_, “On Impounding Appropriations: Professor Miller Replies”, letter

to the editor, The Washington Post, November 27, 1972 “Is Impoundment Constitutional?”, The Sunday Star and Daily

News, Washington, D.C., February 4, 1973..

"The New Constitutional Crisis”, Thé Progressive, March 1973Miller, Dorothy Chittenden, Arlington, Virginia, “Cut in Amtrak”,

letter to the editor, The Evening Star and Daily News, Washington,

D.C., January 29, 1973-
Mitchell, Paul J., Albany, New York, letter of February 8, 1973.
Montana, State of, Hon. Thomas L. Judge, Governor, letter to Senator

Lee Metcalf, January 3, 1973.
Muskie, Hon. Edmund S., a U.S. Senator from the State of Maine, “Re-

marks on the Public Budgeting and Rulemaking Act of 1973”, Congressional Record, January 31, 1973.









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