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

484
Margulies, Haiold, M.D., Director, Regional Medical Programs
Service:
Telegram to Coordinators and Grantee Officials of (selected)
Regional Medical Programs, December 29, 1972.

484
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, Þ.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

1128

733

730

730

731

833

390

736 734

672

750 752

739

745

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,

1972
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”, The Progressive, March 1973. Miller, 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 I., Albany, New York, letter of February 8, 1973Montana, 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

740

161

338

748 746

22

749

751

1075 801

1048 755

746

153

Page

42

43 44 755

756 229

759 759

13

765

877

281

290

484 880

890

897

496

Nader, Ralph:

Proposed Substitute for S. 373.
Proposed Amendment to the Antideficiency Act.
Proposed standing statute-

Letter of Feb. 12, 1973.-
National Association of State Foresters, Kenneth B. Pomeroy, Washington

Representative, letter of February 15, 1973.
National Limestone Institute, “Resolution on Impoundment”.
Nebraska, State of, Thomas D. Doyle, Director-State Engineer:

Telegram of February 6, 1973..

Letter of February 9, 1973, with attachments ..
Nelson, Hon. Gaylord, a U.S. Senator from the State of Wisconsin, state-

ment concerning the introduction of the "Impoundment Procedures
Bill”, Congressional Record, January 16, 1973-
Office of Economic Opportunity:

“Termination of Section 221 Funding”, release of January 29, 1973.Office of Management and Budget:

“Amounts Withheld From Obligation, by Agency and Account

(February, 1971)”, list, March 26, 1971.-
Answer to question concerning impoundment of Emergency School

Assistance Act funds...
Answer to question concerning impoundment of Indian Education

funds.
Answer to question concerning dismantling of regional medical

programs service of HEW. List of Impounded Funds, March 1972.. “Budgetary Reserves for Routine Financial Administration, June 30,

1972”, list"Reserves for Reasons Other Than Routine Financial Administra

tion, June 30, 1972'', list.-Answer to question concerning impoundment of funds appropriated

for the Federal Trade Commission for fiscal year 1972. Ash, Hon. Roy L., Director-Designate:

Letter of January 31, 1973.

Additional comments concerning regulatory agencies -
"Budgetary Reserves as of January 29, 1973", report submitted to

Honorable Spiro T. Agnew, President of the Senate, pursuant to
Title IV of Public Law 92-599, with accompanying letter from
Roy L. Ash, Director, February 5, 1973.--
“Responsibilities of the Office of Management and Budget”, excerpt

from Office of Management and Budget Manual, section 200.
"Reserves for 'Other Developments' Under the Antideficiency Act”.
Statement concerning OMB clearance for agency replys to cong-

gressional requests for comments on proposed legislation. Ohio Conference of_Community Development, Inc., Columbus, Ohio, Gloria M. Snider, President:

Letter of February 7, 1973..

Resolution, January 25, 1973-
Ohio Department of Transportation, J. Phillip Richley, Director, letter

to Hendrik E. Stafseth, Executive Director, American Association of
State Highway Officials, January 23, 1973..
Oklahoma, State of, Department of Highways, C. D. Payne, Chairman,

and R. A. Ward, Director, letter of February 2, 1973.-
Pickle, Hon. J. J., U.S. Representative from the Tenth Congressional
District of the State of Texas:
General Explanation of Impoundment's Effects on the 10th Dis-

trict”.
"Office of Management and Budget: 'Sound Fiscal Management' or

Frozen Fund Fiasco?”, remarks in the House of Representatives,

July 26, 1972 (special order).
President of United States, extract from “Transcript of the President's

News Conference on Foreign and Domestic Matters," New York Times,

Feb. 1, 1973...
Randolph, Hon. Jennings, a U.S. Senator from the State of West Virginia;

Chairman, Senate Public Works Committee, “Impounded Highway
Funds Delay Safety Improvements”, American Road Builder, August
1972.

772 497

898

521 529

503

772 773

774

774

208

193

239

777

Page 390

580a

779

780

782

786

783

794

796

797 160

1049

Rehnquist, William H., Assistant Attorney General, Office of Legal Coun-
sel, Department of Justice:
"Presidential Authority to Impound Funds Appropriated for Assist-

ance to Federally Impacted Schools”, memorandum to Hon.
Edward 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. Mor

gan, Deputy Counsel to the President, December 19, 1969.--
Reid, Hon. Ogden, U.S. Representative from the Twenty-sixth Con-
gressional District of the State of New York:

News release, Jan. 16, 1973.-
“The Congressional Oversight Act of 1973”, a bill to implement the

constitutional prerogatives and responsibilities of the legislative
branch (draft bill, H.R. 2403).
“The Congressional Oversight Act of 1973, Section-by-section

Analysis
Saint Paul, Minnesota, City of, Housing and Redevelopment Authority,

news release, January 31, 1973.
San Francisco Redevelopment Agency, Robert L. Rumsey, Executive

Director, letter to Hon. Alan Cranston, U.S. Senator from the State of

California, January 17, 1973-
San Antonio, Texas, City of, John Gatti, Mayor, telegram to The Presi-

dent of the United States, January 23, 1973.. South Carolina, State of:

West, Hon. John G., Governor, letter of February 6, 1973.
“Draft Statement on Effect of Withholding Federal-aid Highway

Funds".
Taylor, Clair E., Old Town, Maine, letter to Senator Edmund Muskie..
Thornburgh, Jolin, Chairman, Maryland Coalition of National Priorities,

"Impounding Clean Water”, letter to the editor, The Evening Star and

Daily News, Washington, D.C., January 29, 1973.-
Thurow, Lester C., Professor of Economics and Management, Massachu-

setts Institute of Technology, letter to Hon. Michael Harrington,
January 5, 1973....
United States Senate, Committee on Appropriations, "Budget estimates of

new budget (obligational) authority and budget outlays for fiscal 1974”, February 1, 1973. Williams, J. D., Director, Hinckley Institute of Politics, The University of Utah, “The Impounding of Funds by the Bureau of the Budget”, Inter-University Case Program #28; with accompanying letter of February 13, 1973

TABLES AND COMPILATIONS "Amounts Withheld From Obligation by Agency and Account (February,

1971)”, list, Office of Management and Budget -“List of Impounded Funds”, statement by Hon. Sam J. Ervin, Jr., with

list, 118 Congressional Record, No. 37, Š 3845, March 13, 1972-“Budgetary Reserves for Routine Financial Administration”, Office of

Management and Budget, Table, June 30, 1972. "Reserves for Reasons Other Than Routine Financial Administration”,

Office of Management and Budget, table, June 30, 1972.. “Chairman Evins Releases Partial Listing of Impoundment by Office of

Management and Budget of Funds Appropriated by Congress," Representative Joe L. Evins (D-Tenn.), a member of the Committee on Appropriations and Chairman of the Subcommittee on Public Works and Atomic Energy Commission Appropriations, press release with list,

January 15, 1973.“Budgetary Reserves as of January 29, 1973,” Office of Management and

Budget, list, with accompanying letter, Roy L. Ash, Director, to Honor-
able Spiro T. Agnew, President of the Senate, February 5, 1973---

LITIGATION
Robert S. Burns v. John A. Volpe as Secretary of Transportation of the U.S.

Department of Transportation, et al, in the U.S. District Court for the
District of Maryland..

Page 912

930

931

940

945

948

986

989

1010

The Canal Authority of the State of Florida v. Stanley R. Resor, individually
and as Secretary of the Army, et al, in the U.S. District Court, Middle

District of Florida, No. 71-92-Civ-J.
Campaign Clean Water, Inc. v. William D. Ruckelshaus, Administrator,

Environmental Protection Agency, the U.S. District Court, Eastern

District of Virginia, Richmond Division
Augusto Guadamuz, et al, v. Roy L. Ash, Director, Office of Management and

Budget, et al, in the U.S. District Court for the District of Columbia,

Civil Action No. 73-...
The Minnesota Chippewa Tribe, et al v. Frank C. Carlucci, Individually and as
Acting Secretary of the Department of Health, Education, and Welfare, et al,
in the U.S. District Court for the District of Columbia, Civil Action No.

175–73..
The City of New York v. William D. Ruckelshaus, as Administrator of the

United States Environmental Protection Agency, in the U.S. District

Court, for the District of Columbia-
State Highway Commission of Missouri v. John A. Volpe, Secretary of Trans-

portation, and Caspar W. Weinberger, Director, Office of Management and
Budget, in the U.S. District Court for the Western District of Missouri,

Central Division, Civil Action No. 72–1516--
George E. Brown, Jr. v. William D. Ruckelshaus, as Administrator of the

United States Environmental Protection Agency, in the U.S. District Court,

Central District of California.-
South Carolina State Highway Department v. John A. Volpe, Secretary of

Transportation, and Caspar W. Weinberger, Director, Office of Management
and Budget, in the U.S. District Court for the District of South Carolina,
Columbia Division, Civil Action No. 72-940.--.

NEWS ARTICLES
Alsop, Joseph, “Is Congress Just Huffing and Puffing?”, The Washington

Post, January 29, 1973. -
Amsterdam (New York) Recorder, The:

“Release of Federal Development Funds Urged by Gomulka”,

January 19, 1973... "High Rise Interwoven with City's Future”, editorial January 22,

1973..
Anchorage Alaska News, "Election Fund?”, March 29, 1972.-
Andelman, David A., "Pollution-Less Money for the Big Cleanup",

The New York Times, December 4, 1972.
Asbury, Edith Evans, “U.S. Freeze Casts Doubt on Future of 120 Proj-

ects", The New York Times, February 4, 1973-
Averill, John H., “Democrats to Fight Nixon on Priorities But Leadership

Votes to Hold to His Budget Limit”, Los Angeles Times, January 31,

1973.,
Benson, Miles, “Ervin Plans Challenge to Impounding”, Anchorage

Alaska News, January 28, 1973.----
Braestrup, Peter, "White House Halves Clean-Water Funds,” The Wash-

ington Post, November 29, 1972..-
Broder, David S.: "Senators Gird to Battle Nixon on Impoundment”, The

Washington Post, January 31, 1973..
“Ash Clarifies Stand on Impoundments", The Washington Post, Feb-

ruary 2, 1973..
Broder, David S. and Mary Russell, "Rural Aid Revival Is Voted, House

Fights Nixon Freeze In 251-142 Test”, The Washington Post, February 8, 1973... Californian, The, Bakersfield, California, "Quotes in the News", February

1, 1973. Cannon, Lou, “Nixon Defends Funds Impoundment”, The Washington

Post, February 1, 1973.. Cincinnati Enquirer:

"FHA Subsidy Halt Affects 3,000 Units”, January 10, 1973.

"Fund Freeze Disturbs Local Groups”, January 28, 1973.. Clancy, Paul, “Congress 'Gave Up Meekly', HHH, Others Decry Loss of

Powers”, Miami Herald, January 31, 1973

792

792 1011

1012

789

1013

1014

1015

1016

1018

1103

1019

1019

793 793

1020