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Cohn, Lee M., The Evening Star and Daily News, Washington, D.C.: Page

"Spending Cuts Would Exceed $6.9 Billion”, October 5, 1972. 1021
“Nixon Vetoes $29.3 Billion Labor, HEW Appropriation”, October 27,
1972..

1022 "Nixon Cuts Programs $6.5 Billion", January 29, 1973.

1024 Crenshaw, Albert B., “Albert Raps Nixon Cutbacks”, The Evening Star and Daily News, Washington, D.C., February 12, 1973.

1028 Dale, Edwin L. Jr., "Wide Spending Reforms Urged in Congress Study

Annual Ceiling Is Proposed", The New York Times, February 7, 1973.. 1028
Daniel, Clifton, Nixon and Spending: President Sees Victory", The New
York Times, February 5, 1973-

1029 Denver Post, “Nader: Put Tough Rein On Nixon”, January 31, 1973. 1030 Dietsch, Robert, “Spending Battle Between Nixon, Congress Heats

Up”, Rocky Mountain News, Denver, Colorado, February 1, 1973---- 1031
Egan, Richard, “A Twist on the Purse-String Battle”, National Observer,
New York, February 17, 1973.

1032
Elder, Shirley, The Evening Star and Daily News, Washington, D.C.:
"Mr. Constitution: It's All Up to Šim”, January 30, 1973-

1034 "Impoundments Unconstitutional, Rehnquist Told Nixon", February 7, 1973....

1036 “Nixon Defied on Farm Funds", February 8, 1973.

1038 “The War Over Impounded Funds", February 11, 1973

1040 Elsasser, Glen, “Congress, Nader Upset: Furor Încreases Over Nixon Fiscal Stand", Chicago Tribune, February 5, 1973.

1042 Evening Capitol, “Colorful Ervin Attracts Controversy", Annapolis, Maryland, February 19, 1973

1043 Evening Star and Daily News, The, Washington, D.C.: "Key Nixon Officials Link Tax Lid to Spending Ceiling”, October 3, 1972..

1043 "Woodcock Hits Nixon's Policy on Environment”, November 29, 1972.

1044 “Water Cleanup Delay”, editorial, December 4, 1972

1044 “Evins Says Nixon Impounded Funds Totaling $12 Billion", January 16, 1973.

1045 And the State of the Opposition", editorial, January 21, 1973.. 1046 "Budget Confrontation”, editorial, January 24, 1973..

1047 Ash Says U.S. to Aid Viets At Cost of Domestic Needs”, February 11, 1973..

1049 "A Tough Line On Domestic Spending", editorial, February 11, 1973, 1050 Federal Times, “Amtrak for Arkansas-Fulbright Seeking Foreign Aid Cuts”, February 21, 1973...

1051 Fialka, John, "Environmentalists On Hill Hit Nixon Fund Impounding"

The Evening Star and Daily News, Washington, D.C., November 29, 1972..

1052 Finney, John W., "Congress-Challenge To the Lawmakers”, The New York Times, December 3, 1972.--

1054 Greensboro Daily News,“ The 'Impoundment' Flap”, editorial, Greensboro, N.C., February 9, 1973..

1055 Hamilton, Martha, “Broyhill, Hogan Act To Save Impact Aid”, The Washington Post, February 10, 1973..

1057 Heffner, Linda J., "Nixon Budget Sets Stage for Battle; Congress Fires Opening Salvos", Philadelphia Bulletin, February 2, 1973

1057 Hendron, Ron, “Bare Bones Budget: Story of Bombs vs. Books", Washington Weekly, volumn II, No. 31 (1972).

1058 Hill, Don, "They're Trying To Open the Money Tap", The VirginianPilot, Norfolk, Va., February 4, 1973.

1059 Horner, Garnett D., “Nixon Says Right to Impound Based on U.S.

Constitution”, The Evening Star and Daily News, Washington, D.C.,
January 1973

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ews, Washington, D.C.:
2", October 5, 1972.
Appropriation", October 27,

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ary 29, 1973.. tbacks", The Evening Star ry 12, 1973.. Crged in Congress StudyTimes, February 7, 1973.. 10 It Sees Victory", The New on", January 31, 1973.

Nixon, Congress Heats ado, February 1, 1973.... 10 attle”, National Observer, #s, Washington, D.C.:

January 30, 1973. uist Told Nixon", Febru

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8, 1973.. uary 11, 1973. or Increases Over Nixon

973. Controversy", Annapolis,

D.C.: ding Ceiling", October 3,

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Houston Post, “Pickle Pushing Bill To Cut Back President's Power”,

February 1, 1973..
Humphries, Bill, "Farm Program Dropped”, The News and Observer,

Raleigh, N. C., December 27, 1972..---
Journal, "Impounding Funds”, Providence, R.I., November 1, 1972.-
Kennedy, John, “HUD Ruling Halts Delaware Housing”, State News

(Dover, Del.), January 10, 1973---
Kraft, Joseph, "Budget Battle, Round One”, The Washington Post,

February 11, 1973.
La Course, Richard, “Nixon Administration Slashes BIA Budget", The

Cherokee One Feather, Cherokee, N.C., October 4, 1972.
Large, Arlen, and Norman Miller, "Back to Battle”, Wall Street Journal,

January 2, 1973.
Lawrence, David, "Can Deficits Be Congress-Proof?'', The Evening Star

and Daily News, Washington, D.C., October 16, 1972
Long Island Press, “Congress vs. the President”, editorial, Long Island,

N.Y., February 7, 1973..
Lyons, Richard L., and Spencer Rich "Senate Defies President for OMB
Voice", The Washington Post, February 6, 1973..
Mathews, Jay, "3-Year Wait Seen in Plan For Potomac", The Washington
Post, January 25, 1973.-
Miami News, "Is Great Society on Way Out?'', January 27, 1973..
Milius, Peter, "Nixon Defends Budget Cuts”, The Washington Post,

Washington, D.C., January 29, 1973.
Miller, Norman and Arlen Large, “Back to Battle”, Wall Street Journal,
January 2, 1973...
Minneapolis Tribune, The, "Loan Freeze Chills Hope for Home Repairs”,
February 2, 1973.
Morgan Guaranty Survey, The Morgan Guaranty Trust Company, New

York, "Getting a Grip on the Federal Purse”, January 1973.
Morning Globe, "Mr. Nixon Takes His Stand”, Boston, Massachusetts,
February 2, 1973.
Murray, David, Chicago Sun-Times:

*Nader Suggests a Bill to Curb Impounding”, January 31, 1973----
"Sam Ervin Gets the Congress Crusade Rolling'', Chicago Sun-Times,

February 4, 1973.
Naughton, James M. The New York Times:

"Ervin Assuming Leadership in Effort to Reassert the Authority of

Congress”, February 4, 1973...
"Wide Spending Reforms Urged in Congress Study-Official Upholds

Nixon", February 7, 1973.-
"House Votes Bill "To Require Nixon To Release Fund”, February

8, 1973.
"Nixon's Challenge-Struggle Over the Power of The Purse”, Feb-

ruary 1973.

"Funds Release Pushed In Senate”, February 12, 1973.News and Observer, The, Raleigh, N.C.

"Highway Fund Suit Pondered", Sept. 9, 1972

"Ervin Mulls Stiffer Impoundment Statute”, February 12, 1973-
New York Post, The, "Nixon Aide Says Curbs on Spending Are Legal”,

February 6, 1973.
New York Times, The:

"Power of the Purse”, October 27, 1972,
Randal, Judith, “Fund Freeze on Wastes Hit”, The Evening Star and
Daily News, Washington, D.C., December 1, 1972.
Rich, Spencer and Mary 'Russell, “Hill Strikes At Budget on Three
Fronts", The Washington Post, February 2, 1973-
Rich

, Spencer and Richard L. Lyons, “Senate Defies President for OMB
Voice", The Washington Post, February 6, 1973-
Ritter, Dick, Federal Times, February 21, 1973:

"Power Struggle and the Pawn”.
"Nixon Aides Back Impoundment”.
The Capitol Circuit”
"Senate Seeks Way To Block Nixon Funds Impoundment"

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onment", November 29,

104 I 4, 1972. aling $12 Billion", Janorial, January 21, 1973.. 1046 ?4, 1973.. tic Needs", February 11, orial, February 11, 1973. 105. ht Seeking Foreign Aid

105 con Fund Impounding", in, D.C., November 29, Lawmakers', The New

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editorial, Greensboro, ive Impact Aid", The Battle; Congress Fires 2, 1973 is vs. Books", Washing

Tap", The Virginianpound Based on U.S. ws, Washington, D.C.,

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Russell, Mary and Spencer_Rich, "Hill Strikes At Budget on Three

Fronts”, The Washington Post, February 2, 1973.-
Russell, Mary and David S. Broder,"Rural Aid Revival Is Voted—House

Fights Nixon Freeze In 251–142 Test”, The Washington Post, Febru

ary 8, 1973.. San Francisco Chronicle, “The Struggle Over Powers”, January 28,

1973. Sarro, Ronald, "Ervin Pressing For Stiffer Curbs On Impoundment”,

The Evening Star and Daily News, Washington, D.C., February 14,

1973..
Schlesinger, Arthur, Jr.,, "Law, Order and President Nixon: II”, Post-

Dispatch, St. Louis, Mo., October 31, 1972-,
Scott, Austin, “Cutbacks Planned In Social Services”, The Washington

Post, February 12, 1973..
Sehlstedt, Albert, Jr., "Albert Joins Fund-Freeze Opponents”, The Sun,

Baltimore, Maryland, January 27, 1973..-.
Shandler, Philip, "Court Battle Readied To Save OEO Program”, The

Evening Star and Daily News, Washington, D.C., February 8, 1973
Times-Dispatch, "Sen. Ervin Probes Congress' Conflict With Expanding

Role of the Presidency”, Richmond, Virginia, January 28, 1973.. Tomasson, Robert E., "Freeze on Funds Shatters a Dream in East Har

lem”, The New York Times, Jan. 28, 1973.. Wall Street Journal, “Business Bulletin: A Special Background Report on

Trends in Industry and Finance”, November 30, 1972
Washington Post, The:

“Water Over the Budget,” October 22, 1972.
"Impounded U.S. Funds Challenged”, January 27, 1973.
“The Poor Potomac”, January 29, 1973.
"Acknowledgeing the Status of OMB”, February 5, 1973.
“The Impoundment Battle”, February 6, 1973
“Hill Chairman Attacks OE'O Dismantling”, February 8, 1973.

“Mills Says President Can Impound Funds”, February 11, 1973-
WCBS-TV Editorial, Channel 2, New York, January 9, 1973..-
Wicker, Tom:
"Impounding and Implying”, The New York Times, February 8,

1973. "Impounding and Implied Power", The Evening Star and Daily

News, Washington, D.C., February 8, 1973..
Winters, Bruce, The Sun, Baltimore, Md.:

Democrats United on Budget”, January 31, 1973-
Muskie Urges Challenge to 'Usurpation of Power", February 1,

1973..-.
“Ervin Hints at Subpoena; Top Aides Grow Available", February 2,

1973. Wilson, Richard, "Spending Power Shift-A Radical Departure", The

Evening Star and Daily News, Washington, D.C., October 16, 1972.

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On, D.C., October 16, 1972. 11 Judiciary Subcommittee on Separation of Powers is sitting with the

Ad Hoc Subcommittee on Impoundment of Funds of the Government Operations Committee, chaired by Senator Chiles, to assist in hearings because the subcommittee conducted hearings on this same subthe question of whether the Congress of the United States will remain & viable institution or whether the current trend toward the executive use of legislative power is to continue unabated until we have arrived

As I have said many times during hearings conducted by the Separation of Powers Subcommittee on various subjects, the executive branch has been able to seize power so brazenly only because the Congress has lacked the courage and foresight to maintain its constitutional position. The Congress has failed as an institution to equip itself physically to carry out its legislative duties independent of the

executive branch, much less to perform its important function of overStrikes At Budget on Three Pepe · 2, 1973.. Aid Revival Is Voted-House The Washington Post, FebruOver Powers", January 28,

IS IMPOUNDMENT OF APPROPRIATED FUNDS BY THE r Curbs On Impoundment", shington, D.C., February 14,

PRESIDENT President Nixon: II”, Post2. ul Services", The Washington

TUESDAY, JANUARY 30, 1973 freeze Opponents”, The Sun,

U.S. SENATE, 6 Save OEO Program”, The

SUBCOMMITTEE ON SEPARATION OF POWERS, 1, D.C., February 8, 1973.... 111

COMMITTEE ON THE JUDICIARY AND THE Ad Hoc ess' Conflict With Espanding inia, January 28, 1973.....

SUBCOMMITTEE ON IMPOUNDMENT OF FUNDS, atters a Dream in East Har

COMMITTEE ON GOVERNMENT OPERATIONS, pecial Background Report on

Washington, D.C. The subcommittees met, pursuant to notice, at 9:30 a.m., in room 3302, Dirksen Senate Office Building, Senator Sam J. Ervin, Jr. Present: Senators Ervin, Chiles, Burdick, Metcalf, Muskie, Gurney, Percy, and Javits. Also present : Robert B. Smith, Jr., chief counsel and staff director, Committee on Government Operations; Rufus L. Edmisten, chief counsel and staff director, Walker F. Nolan, counsel; and Prof. Arthur S. Miller

, staff consultant, Subcommittee on Separation of Powers; and George Patten, legislative assistant to Senator Chiles, chairman of the Ad Hoc Subcommittee on Impoundment of Funds. Senator Ervin. The meeting will

come to order. IP OPENING STATEMENT BY SENATOR ERVIN OF NORTH CAROLINA

Senator Ervin. We have met today to hold hearings on S. 373, the bill which relates to the executive impoundment of appropriated funds. This bill

is referred to the Government Operations Committee. The ject some time ago and is familiar with the subject. This bill is, in my judgment, a very important

bill because it raises

per 30, 1972

(chairman) presiding.

1972.
January 27, 1973.
3.
February 5, 1973.

6, 1973..
ling", February 8, 1973..
ds”, February 11, 1973..
January 9, 1973...
York Times, February 8,
e Evening Star and Daily
1973.

112

31, 1973.. n' of Power", February 1,

cow Available", February 2,

Radical Departure", The

at a presidential form of government.

(1)

1

seeing the activities of the executive branch in administering the programs it has enacted. Moreover, as individuals, too many of us have found it more comfortable to have someone else the President-make the hard decisions and relieve us of responsibility. Too often, I fear, there have been those among our ranks in the legislature who would rather receive a social invitation to the White House than display loyalty to the governmental institution to which they were elected. The time has come when something must be done to restore the Congress to its rightful role, or our representative system of government cannot survive.

The bill we are considering today, S. 373, which is cosponsored by over 50 members of the Senate, is the outgrowth of hearings conducted in March 1971 by the Separation of Powers Subcommittee on the constitutional issues raised by the practice of Executive impoundment of appropriated funds. Testimony and materials adduced at those hearings revealed that over $12 billion in appropriated funds were then being impounded by the President. Since that time, President Nixon has asserted that he will keep Federal spending within a $250 billion ceiling by impounding funds appropriated above that limit. Already we have seen the termination of several agricultural programs, including the rural environmental assistance program and emergency disaster loans to farmers, and we are all aware of the President's recent action in cutting $6 billion in funds for water pollution control which the Congress has authoriezd over the Chief Executive's veto. More than likely the list of illegally impounded and terminated programs will grow, unless Congress stops it.

Another recent and particularly flagrant impoundment action, which flies directly in the face of expressed congressional intent, is the withholding of more than $5 billion in the Highway Trust Fund. This issue was litigated in Missouri Highway Commission v. Volpe. (347 F. Supp. 951) where the U.S. District Court on June 19, 1972, held that the Secretary of Transportation and the Director of the Office of Management and Budget do not have discretion, under the FederalAid Highway Act of 1956 as amended, to impound Highway Trust Fund moneys except for reasons set forth in the act. The district court decision was appealed to the U.S. Court of Appeals for the Eighth Circuit, and on January 2 of this year 22 other Senators joined me in filing an amicus curiae brief in the case. The appeals court heard oral argument on January 10, 1973, but has not yet rendered its decision.

Yet even now, while the President continues his efforts to negate the programs created and funded by Congress in accordance with its constitutional responsibility, the record will show that during the first 4 years of his administration, President Nixon urged Congress to appropriate $20 billion more than Congress was willing to authorize.

Reserving of appropriated funds is not a new concept, and when undertaken pursuant to congressional dictate it may be quite useful in effecting economy. Unfortunately, however, impoundment most frequently occurs under circumstances where the executive branch, for reasons of its own, desires to avoid expending funds which the Congress has explicitly directed to be spent for some particular purpose. It is this situation which poses a threat to our system of government and which so patently violates the separation-of-powers doctrine.

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