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COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota
ROBERT C. BYRD, West Virginia
JOHN V. TUNNEY, California

ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii

HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

SUBCOMMITTEE ON SEPARATION OF POWERS
SAM J. ERVIN, JR., North Carolina, Chairman

JOHN L. MCCLELLAN, Arkansas
QUENTIN N. BURDICK, North Dakota

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

RUFUS L. EDMISTEN, Chief Counsel and Staff Director
JOEL M. ABRAMSON, Minority Counsel
PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant
RALPH K. WINTER, Jr., Consultant
ARTHUR S. MILLER, Consultant
TELMA P. MOORE, Executive Assistant
W. P. GOODWIN, Jr., Editorial Director

(II)

CONTENTS

HEARING DAYS

Alioto, Hon. Joseph, mayor of the city of San Francisco, Calif..

Bennett, Hon. Charles E., U.S. Representative from the Third

Congressional District of the State of Florida...

Driver, William J., president, Manufacturing Chemists Associa-
tion, Inc.; formerly Administrator of Veterans' Affairs, Vet-
erans' Administration_

Turner, Hon. F. C., Federal Highway Administrator, Department

of Transportation; accompanied by David E. Wells, chief coun-

sel, Federal Highway Administration

Udall, Stewart L., chairman of the board, the Overview Group;
formerly Secretary of the Interior. __

Page

84

14

Weinberger, Caspar W., Deputy Director, Office of Management

and Budget; accompanied by Samuel M. Cohn, Assistant Di-
rector, Budget Review, Office of Management and Budget___

Wisby, Dr. Warren J., Director, National Fisheries Center and

Aquarium, Department of the Interior..

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Standing panel members:

Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina, chairman, Subcommittee on Separation of Powers; presiding.

Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of Maryland; ranking minority member, Subcommittee on Separation of Powers.

Gurney, Hon. Edward J., a U.S. Senator from the State of Florida,
member, Subcommittee of Separation of Powers.

Edmisten, Rufus L., chief counsel and staff director, Subcommittee on
Separation of Powers.

Abramson, Joel M., minority counsel, Subcommittee on Separation of
Powers.

Bickel, Alexander M., professor of law, Yale University, and Center
for Advanced Study in the Behavioral Sciences, Stanford, Calif.;
consultant, Subcommittee on Separation of Powers.

Johnson, Loch K., associate professor of political science, University of North Carolina at Chapel Hill.

Miller, Arthur S., professor of law, the George Washington University;
consultant, Subcommittee on Separation of Powers.

Stolz, Preble, professor of law, University of California School of Law,
Berkeley; visiting professor of law, Yale University.

Winter, Ralph K., Jr., professor of law, Yale University; consultant,
Subcommittee on Separation of Powers.

ADDITIONAL STATEMENTS AND VIEWS SUBMITTED FOR THE RECORD

Statements:

Page

American Library Association...

394

Ellender, Hon. Allen J., a U.S. Senator from the State of Louisiana; chairman, Committee on Appropriations, U.S. Senate..

395

Evins, Hon. Joe L., U.S. Representative from the Fourth Congressional District of the State of Tennessee

361

McGovern, Hon. George, a U.S. Senator from the State of South
Dakota...

166

Valley Center Municipal Water District, Hadley Johnson, acting general manager and chief engineer...

399

Zablocki, Hon. Clement J., U.S. Representative from the Fourth
Congressional District of the State of Wisconsin; with attachments.
Correspondence:
Agriculture, U.S. Department of, Joseph M. Robertson, Assistant
Secretary for Administration, letter of April 29, 1969; with
attachment__

Alabama Regional Medical Program, Beverly Smith, research assistant,
Reality Orientation Training Program, VA Hospital, Tuscaloosa,
Ala., letter of March 9, 1971.

Allen, Hon. James B., a U.S. Senator from the State of Alabama,
letter of April 6, 1971.

Aspinall, Hon. Wayne N., U.S. Representative from the Fourth Congressional District of Colorado, chairman, Committee on Interior and Insular Affairs, U.S. House of Representatives, letter of March 16, 1971....

Association of Research Libraries, Stephen A. McCarthy, executive director, letter of March 25, 1971....

Atomic Energy Commission, U.S., Hon. Glenn S. Seaborg, Chairman,
letter of June 18, 1969; with attachments.

Atomic Energy, Joint Committee on, Congress of the United States,
Edward J. Bauser, Executive Director, letter of March 22, 1971;
with attachments..

Bennett, Hon. Charles E., U.S. Representative from the Third Con-
gressional District of the State of Florida, letter to Clark Mac-
Gregor, Counsel to the President for Legislative and Congressional
Affairs, of February 18, 1971; with attachment...

307

400

404

276

404

405

406

431

441

Bureau of the Budget, U.S., Hon. Robert P. Mayo, Director, letter of
May 28, 1969; with attachments___

10

Carey, William D., former Assistant Director, Bureau of the Budget,
letter of March 22, 1971..

275

Correspondence Continued

Carson, James B., attorney at law, Felluca & Carson, Baltimore, Md., letter of February 12, 1971; with attachment..

Page

447

Citizens Advocate Center, Edgar S. Cahn, executive director, letter of April 6, 1971; with attachments...

451

Commerce, U.S. Department of, Hon. Maurice H. Stans, Secretary, letter of April 10, 1969.

469

Commercial Fisheries, Bureau of, Fish and Wildlife Service, U.S.
Department of the Interior, H. E. Crowther, Director, letter of
March 20, 1969; with attachment_

Defense, U.S. Department of, Robert C. Moot, Assistant Secretary
of Defense, letter of March 4, 1969; with attachments..--
District of Columbia, Government of the, D. P. Herman, Budget
Officer, letter of April 9, 1969___

Federal Trade Commission, Hon. Paul Rand Dixon, Chairman, letter
of February 25, 1969-

Federal Maritime Commission, Hon. John Harllee, Rear Admiral, U.S. Navy (Retired), Chairman, letter of February 12, 1969.-. Garmatz, Hon. Edward A., U.S. Representative from the Third Congressional District of Maryland, chairman, Committee on Merchant Marine and Fisheries, U.S. House of Representatives, letter of March 3, 1971..

General Services Administration, Hon. J. E. Moody, Acting Administrator, letter of March 13, 1969.

Hansen, Hon. Julia Butler, U.S. Representative from the Third Congressional District of the State of Washington, chairman, Subcommittee on Interior and Related Agencies:

Letter of March 15, 1971..

469

470

483

483

484

484

485

486

Letter of March 18, 1971__

Letter of March 26, 1971; with attachments_

169

486

Health, Education, and Welfare, U.S. Department of, James F.
Kelly, Assistant Secretary, Comptroller, letter of August 4, 1969...
Interior, U.S. Department of the, George E. Robinson, Deputy
Assistant Secretary for Administration, letter of July 8, 1969; with
attachments__.

488

489

Interstate Commerce Commission, Hon. Virginia Mae Brown, Chairman, letter of February 18, 1969_..

498

Jordan, Hon. Len B., a U.S. Senator from the State of Idaho, letter to George Shultz, Director, Office of Management and Budget, of March 22, 1971; with attachment_ _.

499

Justice, U.S. Department of, John J. Kaminski, Director, Office of
Budget and Accounts, letter of July 17, 1969___

500

Labor, U.S. Department of, Hon. George P. Shultz, Secretary, letter of March 11, 1969.

500

501

Landstrom, Karl S., letter of March 27, 1971..

MacGregor, Clark, Counsel to the President for Congressional Relations, reply to Hon. Charles E. Bennett, February 25, 1971----Mahon, Hon. George H., U.S. Representative from the 19th Congressional District of Texas, chairman, Committee on Appropriations, U.S. House of Representatives, letter of February 25, 1969; with attachment_.

McBryde, R. Ross, M.D., chairman, Regional Advisory Group, Alabama regional medical program, letter of March 22, 1971; with attachments_.

442

501

276

Nader, Ralph, attorney at law, Washington, D.C., letter of March 19, 1971; with attachment_

503

National Aeronautics and Space Administration, Robert F. Allnutt, Assistant Administrator for Legislative Affairs, letter of March 25, 1969__.

510

National Association of Housing & Redevelopment Officials, Eneas J.
Kane, president, letter of April 1, 1971; with attachments.
National Consumers League, Sarah H. Newman, general secretary,
letter of March 29, 1971..

511

518

National Housing Conference, Inc., Nathaniel S. Keith, president, letter of March 29, 1971.

518

National Labor Relations Board, Hon. Frank W. McCulloch, Chairman, letter of March 14, 1969, with attachment..

519

Correspondence-Continued

National Tuberculosis & Respiratory Disease Association, Robert J.
Anderson, M.D., managing director, letter of March 17, 1971..--
North Carolina Tuberculosis & Respiratory Disease Association, Inc.,
C. Scott Venable, executive director, letter of March 16, 1971..
Office of Economic Opportunity, Executive Office of the President,
Bertrand M. Harding, Acting Director, letter of February 25, 1969;
with attachment_.

Patman, Hon. Wright, U.S. Representative from the First Congres-
sional District of Texas, chairman, Committee on Banking and
Currency, U.S. House of Representatives, letter of March 9, 1971.
Post Office Department, U.S., Hon. Winton M. Blount, Postmaster
General, letter of February 24, 1969..

Russell, Hon. Richard B., a U.S. Senator from the State of Georgia,
chairman, Committee on Appropriations, U.S. Senate, letter of
March 13, 1969, with attachments..

Scott, Hon. Hugh, a U.S. Senator from the State of Pennsylvania, submitting letter from Clyde H. Slease, counsel and assistant to the president, Dravo Corp., of February 15, 1971...

Page

520

520

521

522

523

523

537

Securities and Exchange Commission, Hon. Hamer H. Budge, Chairman, letter of February 28, 1969__

538

Small Business Administration, Hon. Hilary Sandoval, Jr., Administrator, letter of March 14, 1969.

538

State, U.S. Department of, Ralph S. Roberts, Deputy Assistant
Secretary for Budget, letter of April 30, 1969_
Teague, Hon. Olin E., U.S. Representative from the Sixth Congres-
sional District of Texas, chairman, Committee on Veterans' Affairs,
U.S. House of Representatives, letter of February 19, 1971; with
attachment...

Treasury, U.S. Department of the, Ernest C. Betts, Jr., Deputy
Assistant Secretary for Administration, letter of March 10, 1969-
Transportation, U.S. Department of, Charles D. Baker, Deputy Under
Secretary, letter of April 28, 1969; with attachments..
U.S. Information Agency, Hon. Frank Shakespeare, Director, letter of
February 27, 1969.

539

540

550

552

560

Veterans' Administration, Hon. W. J. Driver, Administrator of
Veterans' Affairs, letter of March 5, 1969; with attachment...

560

STATUTES, OPINIONS, AND DECISIONS

Attorney General of the United States, Opinion of, "Federal-Aid Highway Act of 1956-Power of President to Impound Funds," No. 32, February 25, 1967.

Comptroller General of the United States:

Decision No. B-160891, February 24, 1967_.
Decision No. B-156510, February 23, 1971.

H.R. 17399, Second Supplemental Appropriations B ls, 970, excerpts,
"Title V-Limitation on Fiscal Year 1971 Budget Outlays," 91st
Congress, second session...-

United States Code, title 31, section 665, "The Antideficiency Act".

SUPPLEMENTAL MATERIAL

Bennett, Hon. Charles E., U.S. Representative from the Third Congres-
sional District of Florida, "Recent Action To Halt Florida Canal
Unconstitutional," extension of remarks, Congressional Record, volume
117, No. 16, February 11, 1971...
Church, Hon. Frank, "Impoundment of Appropriated Funds: The Decline
of Congressional Control Over Executive Discretion," 22 Stanford Law
Review 1240 (1970).

61

65

562

566

4

442

364

Davis, Gerald W., "Congressional Power to Require Defense Expenditures,' 44 Fordham Law Review 39 (1964).

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Democratic caucus, House of Representatives, memorandum of March 26,
1971...

Domrese, Robert J., professor, Harvard Law School, "The Treasury's
New Depreciation Proposals", March 18, 1971---

584

505

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