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COMMITTEE ON GOVERNMENT OPERATIONS

SAM J. ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas

CHARLES H. PERCY, Illinois HENRY M. JACKSON, Washington

JACOB K. JAVITS, New York EDMUND S. MUSKIE, Maine

EDWARD J. GURNEY, Florida ABRAHAM RIBICOFF, Connecticut

WILLIAM B. SAXBE, Ohio LEE METCALF, Montana

WILLIAM V. ROTH, JR., Delaware
JAMES B. ALLEN, Alabama

BILL BROCK, Tennessee
LAWTON CHILES, Florida
SAM NUNN, Georgia
WALTER D. HUDDLESTON, Kentucky

ROBERT BLAND SMITH, Jr., Chief Counsel and Staff Director

ELI E. NOBLEMAN, Professional Staf Member
W. P. GOODWIN, Jr., Professional Staff Member

GAY HOLLIDAY, Assistant Chief Clerk

Ad Hoc SUBCOMMITTEE ON IMPOUNDMENT OF FUNDS

LAWTON CHILES, Florida, Chairman LEE METCALF, Montana

CHARLES H. PERCY, Illinois
EDMUND S. MUSKIE, Maine

JACOB K. JAVITS, New York
GEORGE PATTEN, Legislative Assistant to Senator Chiles

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC, MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California

SUBCOMMITTEE ON SEPARATION OF POWERS

SAM J. ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas

CHARLES MCC. MATHIAS, JR., Maryland QUENTIN N. BURDICK, North Dakota 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

(II)

CONTENTS

HEARING DAYS

Ash, Hon. Roy L., Director, Office of Management and Budget; accom-

panied by Samuel Cohn, Assistant Director; and James Bradley, Acting

General Counsel....

269, 481

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

138
Brock, Hon. Bill, a U.S. Senator from the State of Tennessee.

169
Butz, Hon. Earl L., Secretary of Agriculture; accompanied by John A.

Knebel, General Counsel; and Jerome Miles, Director of Finance, De-
partment of Agriculture

529

Byrd, Hon. Robert C., a U.S. Senator from the State of West Virginia. 309

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

302

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

71

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

tems, Washington University ---

344 -

Conte, Hon. Silvio 0., U.S. Representative from the First Congressional
District of the State of Massachusetts

129

Eagleton, Hon. Thomas F., a U.S. Senator from the State of Missouri. 86

Fulbright, Hon. J. W., a U.S. Senator from the State of Arkansas ..

237

Fullarton, David C., executive vice president, National Telephone Cooper-

ative Association..

457

Hays, Hon. Brooks, former Member of Congress from Arkansas; former

Special Assistant to President John F. Kennedy; consultant, Wake

Forest University-

471

Humphrey, Hon. Hubert H., a U.S. Senator from the State of Minnesota - 58

Kennedy, Hon. Edward M., U.S. Senator from the State of

Massachusetts.

331

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.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..

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

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

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., a U.S. Senator from the State of North Carolina, 93rd Congress, ist session.

7

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

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 0. 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) --

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-
priations:
Statement

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
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 Čonservation 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, hetween 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 Page

Senate 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. 1, 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”

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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