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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
BILL BROCK, Tennessee
ROBERT BLAND SMITH, Jr., Chief Counsel and Staff Director
ELI E. NOBLEMAN, Professional Staf Member
GAY HOLLIDAY, Assistant Chief Clerk
Ad Hoc SUBCOMMITTEE ON IMPOUNDMENT OF FUNDS
LAWTON CHILES, Florida, Chairman LEE METCALF, Montana
CHARLES H. PERCY, Illinois
JACOB K. JAVITS, New York
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
ARTHUR S. MILLER, Consultant
Javits, Hon. Jacob K., a U.S. Senator from the State of New York; member
Ad Hoc Subcommittee of the Committee on Government Operations -- 25, 480
Ad Hoc Subcommittee of the Committee on Government Operations.- 149
Bennett, Hon. Charles E., U.S. Representative from the Third Congres-
Knebel, General Counsel; and Jerome Miles, Director of Finance, De-
Conte, Hon. Silvio 0., U.S. Representative from the First Congressional
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.
123 Ruckelshaus, Hon. William D., Administrator, Environmental Protection
Agency; accompanied by Robert Sansom, Assistant Administrator,
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
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.
made known to the Congress and the public and to require public dis-
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.
"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
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-
561 Press release, “Chairman Evins Releases Partial Listing of Impound
ment by Office of Management and Budget of Funds Appropriated
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
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,
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
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
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
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
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
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-
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,