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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 counset 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

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Statements:

American Library Association.-
Ellender, Hon. Allen J., a U.S. Senator from the State of Louisiana;

chairman, Committee on Appropriations, U.S. Senate..
Evins, Hon. Joe L., U.S. Representative from the Fourth Congres-

sional District of the State of Tennessee.-McGovern, Hon. George, a U.S. Senator from the State of South

Dakota.--------------------------------------------------Valley Center Municipal Water District, Hadley Johnson, acting gen

eral manager and chief engineer ---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., á U.S. Senator from the State of Alabama,

letter of April 6, 1971..
Aspinall, Hon. Wayne N., U.S. Representative from the Fourth Con-

gressional 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..---
Bureau of the Budget, U.S., Hon. Robert P. Mayo, Director, letter of

May 28, 1969; with attachments----
Carey, William D., former Assistant Director, Bureau of the Budget,

letter of March 22, 1971.--

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Correspondence-Continued

Carson, James B., attorney at law, Felluca & Carson, Baltimore, Md.,

letter of February 12, 1971; with attachment... Citizens Advocate Center, Edgar S. Cahn, executive director, letter

of April 6, 1971; with attachments.Commerce, U.S. Department of, Hon. Maurice H. Stans, Secretary,

letter of April 10, 1969.-----
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 Con-

gressional District of Maryland, chairman, Committee on Mer-
chant Marine and Fisheries, U.S. House of Representatives, letter

of March 3, 1971.-------
General Services Administration, Hon. J. E. Moody, Acting Adminis-

trator, letter of March 13, 1969.....
Hansen, Hon. Julia Butler, U.S. Representative from the Third

Congressional District of the State of Washington, chairman, Sub-
committee on Interior and Related Agencies:

Letter of March 15, 1971.---
Letter of March 18, 1971.---.

Letter of March 26, 1971; with attachments----
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-----Interstate Commerce Commission, Hon. Virginia Mae Brown, Chair

man, letter of February 18, 1969.-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.---
Justice, U.S. Department of, John J. Kaminski, Director, Office of

Budget and Accounts, letter of July 17, 1969.---
Labor, U.S. Department of, Hon. George P. Shultz, Secretary, letter

of March 11, 1969.---
Landstrom, Karl S., letter of March 27, 1971...
MacGregor, Clark, Counsel to the President for Congressional Rela-

tions, reply to Hon. Charles E. Bennett, February 25, 1971.-----Mahon, Hon. George H., U.S. Representative from the 19th Con

gressional District of Texas, chairman, Committee on Appropria-
tions, 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.-------Nader, Ralph, attorney at law, Washington, D.C., letter of March 19,

1971; with attachment.--National Aeronautics and Space Administration, Robert F. Allnutt,

Assistant Administrator for Legislative Affairs, letter of March 25,

1969.--cond 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.National Housing Conference, Inc., Nathaniel S. Keith, president,

letter of March 29, 1971.-National Labor Relations Board, Hon. Frank W. McCulloch, Chair

man, letter of March 14, 1969, with attachment

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520

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.-Securities and Exchange Commission, Hon. Hamer H. Budge, Chair

man, letter of February 28, 1969.--. Small Business Administration, Hon. Hilary Sandoval, Jr., Adminis

trator, letter of March 14, 1969.--
State, Ú.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.----
Veterans' 'Adṁinistration, Hon. W. J. Driver, Administrator of

Veterans' Affairs, letter of March 5, 1969; with attachment.-----

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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 Bls, 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)-----------
Davis, Gerald W., "Congressional Power to Require Defense Expenditures,"

44 Fordham Law Review 39 (1964)-----
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--

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Fisher, Louis, analyst, Government and General Research Division,

Congressional Research Service, Library of Congress; formerly assistant
professor of political science, Queens College:
“The Politics of Impounded Funds," 15 Administrative Science

Quarterly 361 (September 1970) -
"Funds Impounded by the President: The Constitutional Issue,” 38

George Washington Law Review 124 (1969) --
Goostree, Robert E., "The Power of The President To Impound Appropri-

ated Funds: With Special Reference To Grants-In-Aid To Segregated

Activities," 11 The American University Law Review 32 (1962)... Government Operations, Committee on, staff memo, No. 85-2-27,

"S. 3578—To prohibit the withholding or impounding of appropria

tions," June 23, 1958.-----Inter-University Case Program, the, Cases in Public Administration and

Policy Formation, “The Impounding of Funds by the Bureau of the

Budget," by J. D. Williams, ICP case series: No. 28, November 1955... Johnson, Hon. Lyndon B., President of the United States, letter to the

Speaker of the House of Representatives, March 26, 1964; with list of

amounts permanently reserved.--Kennedy, Hon. John F., President of the United States, letter to Hon.

Carl Vinson, Chairman House Armed Services Committee, March 20,

1962.-------------------- ---Library of Congress, Legislative Reference Service, American Law Division: "Impoundment by the Executive Department of Funds Which Con

gress Has Authorized It To Spend Or Obligate," May 10, 1968.---"Legislation To Require Spending of Appropriated Funds,” memo

randum of March 10, 1971.---Library of Congress, Congressional Research Service, Government and

General Research Division, “Presidential Impoundment of Funds,"

memorandum of April 12, 1971.---"Medical Facilities Construction and Modernization Amendments of

1970,” House of Representatives, Document No. 91-353, 91st Congress,

second session, excerpts.---Miller, Arthur Selwyn, professor of law, the George Washington Uni

versity, "Presidential Power To Impound Appropriated Funds: An
Exercise in Constitutional Decision-Making,” 43 North Carolina Law

Review 502 (1965)-----
National Education Association, Division of Press, Radio, and Television

Relations, press release, excerpts, April 5, 1971...
National Fisheries Center and Aquarium, Bureau of Sport Fisheries and
Wildlife, Department of the Interior:

Fact sheet, February 10, 1971.

Fact sheet, March 24, 1971.-----
Nixon, Hon. Richard M., President of the United States, “A Conversation

with the President," excerpts, telecast on live television and radio with

Howard K. Smith, March 22, 1971.-
Office of Management and Budget, "National Fisheries Center and Aquar-

ium," status report.-----
Rehnquist, William H., Assistant Attorney General, Office of Legal Counsel,
Department of Justice:

Presidential Authority To Impound Funds Appropriated for Assist-
ance to Federally Impacted Schools," memorandum to Hon. Ed-
ward 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. Morgan,

Deputy Counsel to the President, December 19, 1969.-----Stennis, Hon. John C., a U.S. Senator from the State of Mississippi, excerpt

from transcript of meeting of Subcommitteee on Reprograming of Funds

of the Senate Committee on Armed Services, April 6, 1971.-------Truman, Hon. Harry S., President of the United States:

Statement of October 29, 1949.-
Letter to Hon. Louis A. Johnson, Secretary of Defense, November 8,

1949.-----------------

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Page

Williams, J. D., professor, “The Impounding of Funds by the Bureau of

the Budget,” The Inter-University Case Program, Cases in Public Administration and Policy Formation, ICP Case Series: No. 28, November 1955...

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TABLES AND COMPILATIONS
Agriculture, U.S. Department of, "Executive Impoundment of Funds

Since 1945”---
Atomic Energy Commission, U.
Analysis of Bureau of the Budget Reserves—Fiscal Year 1947

Through June 6, 1969".------
"Analysis of Office of Management and Budget Reserves-Fiscal Year

1967 Through March 10, 1971"..
Budget, Bureau of the, “List of Amounts Permanently Reserved,"

March 26, 1964, compilation by department or agency -----
Budget of the United States, The, Table 7, Controllability of Budget

Outlays (in billions of dollars),” excerpt from summary tables.
Commerce, U.S. Department of, Bureau of Public Roads, "Limitation on

Federal-Aid Highway Obligations, Fiscal Year 1967..--
Defense, Department of, “Analysis of Planned Utilization of Additional
Appropriations Provided by the Congress Over Budget Request, Fiscal

Years 1956–69”.
"Precedents For Reserving Funds Appropriated By The Congress But

Not Requested By The President”--------
Housing and Urban Development, Department of, Office of the Secretary,

Office of Budget, “Selected List of Program Funds Available for Use in

Fiscal Year 1971 (in millions)," March 1, 1971..---.
Interior, U.S. Department of the, “Statement Showing Budget Reserves

for Period Fiscal Years 1945 Through 1969," compilation by bureau. National Association of Housing and Redevelopment Officials, “Public

Housing Activity in Jeopardy Because of Hold-Back of Federal Funds

December 31, 1970," compilation by State ---
National Labor Relations Board, “Analysis of Reserves in Relation to

Appropriations, Fiscal Years 1945-68"------
Office of Economic Opportunity, “Temporary Reserves of OEO Appropri-

ated Funds Established by Bureau of the Budget During Fiscal Years
1965 Through 1969"-----------

------Office of Management and Budget:

“Status of Amounts Reserved or Otherwise Unapportioned as of

February 23, 1971”.-
"Amounts Withheld From Obligation by Agency and Account

(February 1971)”..
Veterans' Administration, “Instances Since 1945 That Bureau Impounded

or Froze Funds Authorized to Veterans' Administration by Congress".. Veterans' Affairs, Committee on, U.S. House of Representatives, “State

ment of Accountability'.---
Transportation, Department of, “Data Regarding Appropriations, Appor-
tionments, Reserves, and Rescissions”----

News ARTICLES
Anderson, J. W., "LBJ Freezes 'Impacted Areas' Funds,” the Washington

Post, August 1, 1968.------
Chadwick, John,'"Democrats Try to Loosen Funds," the Evening Star,

Washington, D.C., March 26, 1971.
Daily Press, the, Newport News, Va., "Husband, Wife Relationship,”

editorial, March 28, 1971.-.-
Dale, Edwin L., “Impounding Rate Called 'Normal,' " the New York

Times, March 28, 1971.---
Elder, Shirley, “Democratic Anger Growing Over Nixon's Fund Freeze,"

the Evening Star, Washington, D.C., April 27, 1971.-
Finney, John W., "Ellender Suggests Congress Could Free Impounded

Funds by Halting Outlays for Nixon Programs," the New York Times,
April 14, 1971..

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