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

ation; accompanied by David C. Fullarton, executive vice president --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, execu

tive director 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, 1st
session.-

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, a U.S. Senator from the State of Maine, 93rd Congress, 1st
session.

Core 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

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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.-----
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-----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 Impoundment and the Need for S. 373”, with accompanying letter of February 6, 1973...

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SUPPLEMENTAL MATERIALS Agriculture, Department of:

Examples of Complete Programs Terminated by Presidential

Action.-
Opinion of the General Counsel, “Termination of Rural Environ-

mental Assistance Program and Water Bank Program”, January 5, News release, “Terminate FHA Water and Waste Disposal Grants”,

January 10, 1973..
News release, “Rural Housing Program Proceeds on Unsubsidized

Basis”, January 10, 1973.--
Rural Electrification Administration, “Fact Sheet on New REA

Financial Resources", January 11, 1973.-
Agricultural Stabilization and Conservation Service, “Fact Sheet on

Termination of REAP', January 11, 1973...
Farmers Home Administration, January 11, 1973..
McGuire, John R., Chief, U.S. Forest Service, letter to all State

Foresters, January 10, 1973. -------
Agreement for Forest Fire Cooperation, between the U.S. Depart-

ment of Agriculture and the State of Indiana Department of

Conservation, with attachments------
Butz, Hon. Earl L., Secretary, excerpt from testimony at hearings

before the Senate Committee on Agriculture and Forestry,

February 1, 1973....
Butz, Hon. Earl L., Secretary, letter of February 5, 1973, with

attachments -----

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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.---
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.----
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".-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-----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.---
Colorado Association of Public Employees, Mike Garamella, Director,

Denver, Colorado, letter to Hon. Don Ġ. Brotzman, U.S. House of

Representatives, January 31, 1973. -----
Colorado Rural Legal Services, Inc., Denver, Colorado, Donald Juneau,

letter of February 2, 1973, with attachment.
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) --Comptroller General of the United States:

Letter to Hon. George H. Fallon, Chairman, Committee on Public

Works, House of Representatives, February 24, 1967--------
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..
Legal Memorandum, "NDEA Title III-Mandatory Character of

Appropriation, November 6, 1972.------
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,

680

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1973----------

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1973------

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.-

Draft, summary abstract of a Congressional Management System.-
Environmental Protection Agency, William D. Ruckelshaus, Adminis-
trator:
Environmental Protection Agency-Sewage Treatment Plant and

Sewer Construction Cost Index, May 1971, table---------
Letter to Hon. John A. Blatnik, Chairman, Committee on Public

Works, House of Representatives, December 13, 1971.-
Construction Capability, Inflation and S. 2770 and H.R. 11896 Tar-

gets; target failures.----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... "List of Impounded Funds”, the Congressional Record, March 13,

1972.Introduction of S. 373, the "Impoundment Control Bill”, Congres

sional Record, Vol. 119, No. 8, January 16, 1973. --Letter to Director, Office of Management and Budget January 24,

---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----------------------------------------
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.----
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, Harold, M.D., Director, Regional Medical Programs
Service:
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.----
Weinberger, Hon. Caspar W., Secretary, letter to Hon. Jacob Javits,

U.S. Senate, February 22, 1973...
Hall, Carole H., and John T. Hall, letter to Senator Edmund Muskie,

January 5, 1973-------------------------------------------------
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

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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 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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