message dated October 21, 1972 was received by Congress. (118 Cong. Rec. 37202; 8 Weekly Comp. Pres. Doc. 1549, 1550, October 30, 1972).

2276 H.R. 8395.

2277

To amend the Vocational Rehabilitation Act to extend and revise the authorization of grants to States for vocational rehabilitation services, to authorize grants for rehabilitation services to those with severe disabilities.

Pocket veto occurred after the 2d session of the 92d Congress had adjourned sine die on October 18, 1972. The bill was presented on October 17, 1972 to the President. (118 Cong. Rec. 37198). A Presidential message dated October 27, 1972 was received by the Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1579, October 30, 1972).

10880.

To amend title 38 of the U.S. Code, to provide improved medical care to veterans; to provide hospital and medical care to certain dependents and survivors of veterans; to improve recruitment and retention of career personnel in the Department of Medicine and Surgery.

Pocket veto occurred after the 2d session of the 92d Congress adjourned sine die on October 18, 1972. The bill was presented to the President on October 17, 1972. (118 Cong. Rec. 37198). A Presidential message dated October 27, 1972 was received by the Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1579, October 30, 1972).

2278 H.R. 12674.

To amend the title 38 of the U.S. Code in order to establish a National Cemetery System within the Veterans' Administration.

Pocket veto occurred after the 2d session of the 92d Congress had adjourned sine die on October 18, 1972. The bill was presented to the President on October 17, 1972. (118 Cong. Rec. 37198). A Presidential message dated October 27, 1972 was received by Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1579, October 30, 1972).

2279 H.R. 13895.

To amend title 5, U.S. Code to revise the pay structure of non-supervisory positions of deputy U.S. marshals.

Pocket veto occurred after the 2d session of the 92d Congress had adjourned sine die on October 18, 1972. The bill was presented to the President on October 17, 1972. (118 Cong. Rec. 37199). A Presidential message dated October 27, 1972 was received by

the Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1579, October 30, 1972).

2280 H.R. 14424.

To amend the Public Health Service Act to provide for the establishment of a National Institute of Aging.

Pocket veto occurred after the 2d session of the 92d Congress adjourned sine die on October 18, 1972. The bill was presented to the President on October 14, 1972. (118 Cong. Rec. 37026). A Presidential message was received by the Congress, dated October 30, 1972. (8 Weekly Comp. Pres. Doc. 1605, November 6, 1972; 118 Cong. Rec. 37204).

2281 H.R. 15657.

To strengthen and improve the Older Americans Act of 1965.

Pocket veto occurred after the 2d session of the 92d Congress adjourned sine die on October 18, 1972. The bill was presented to the President on October 17, 1972. (118 Cong. Rec. 37199). A Presidential message dated October 30, 1972 was received by the Congress. (118 Cong. Rec. 37204; 8 Weekly Comp. Pres. Doc. 1604, 1605, November 6, 1972).

2282 H.R. 16071.

To amend the Public Works and Economic Development Act of 1965.

Pocket veto occurred after the 2d session of the 92d Congress had adjourned sine die on October 18, 1972. The bill was presented to the President on October 20, 1972 (118 Cong. Rec. 37200). A Presidential message dated October 27, 1972 was received by the Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1578, October 30, 1972).

2283 H.R. 16654.

Making appropriations for the Departments of Labor, and Health, Education and Welfare, and related agencies, for the fiscal year ending June 30, 1973.

Pocket veto occurred after the 2d session of the 92d Congress adjourned sine die on October 18, 1972. The bill was presented to the President on October 20, 1972. (118 Cong. Rec. 37200). A Presidential message dated October 27, 1972 was received by the Congress. (118 Cong. Rec. 37203; 8 Weekly Comp. Pres. Doc. 1578, October 30, 1972).

2284

Ninety-third Congress, First Session
Regular Vetoes

S. 7.

To amend the Vocational Rehabilitation Act to extend and revise the authorization of grants to States for vocational rehabilitation services, to authorize grants for rehabilitation services to those with severe disabilities.

Vetoed March 27, 1973. The veto message was laid before the Senate and printed as S. Doc. 93-10. (119) Cong. Rec. 9597, 9598).

The Senate sustained the veto on April 3, 1973 by a vote of 60 yeas to 36 nays. (119 Cong. Rec. 10794, 10823).

Veto sustained.

2285 S. 504.

To amend the Public Health Service Act to provide assistance and encouragement for the development of comprehensive emergency medical service system.

Vetoed August 1, 1973. The veto message was laid before the Senate and printed as S. Doc. 93-31. (119 Cong. Rec. 27240).

The Senate overrode the veto on August 2, 1973 by a vote of 77 yeas to 16 nays. (119 Cong. Rec. 2758527598).

The House sustained the veto on September 12, 1973 by a vote of 273 yeas to 144 nays. (119 Cong. Rec. 29352).

Veto sustained.

2286 S. 518.

2287

To abolish the offices of Director and Deputy Director of the office of Management and Budget, to establish the Office of Director, Office of Management and Budget and transfer certain functions thereto.

Vetoed May 18, 1973. The veto message was laid before the Senate May 21, 1973 and printed as S. Doc. 93-16. (119 Cong. Rec. 16194).

The Senate overrode the veto on May 22, 1973 by a vote of 62 yeas to 22 nays. (119 Cong. Rec. 16507).

The House sustained the veto on May 23, 1973 by a vote of 236 yeas to 178 nays. (119 Cong. Rec. 16773).

Veto sustained.

S. 1317.

To authorize appropriations for the United States
Information Agency.

98-758 - 78 - 30

2288

Vetoed October 23, 1973. The veto message was laid before the Senate and printed as S. Doc. 93-41. (119 Cong. Rec. 35071, 35072).

The Senate sustained the veto on October 30, 1973 by a vote of 54 yeas to 42 nays. (119 Cong. Rec. 35428-35433).

Veto sustained.

S. 1672.

To amend the Small Business Act.

Vetoed September 22, 1973. The veto message was laid before the Senate and printed as S. Doc. 93-39. (119 Cong. Rec. 30995, 30996).

The Senate sustained the veto on September 25, 1973 by a vote of 59 yeas to 36 nays. (119 Cong. Rec. 31310).

Veto sustained.

2289 H.R. 3298.

2290

2291

To restore the rural water and sewer grant program under the Consolidated Farm and Rural Development Act.

Vetoed April 5, 1973. The veto message was laid before the House and printed as H. Doc. 93-77. (119 Cong. Rec. 11262).

The House sustained the veto on April 10, 1973 by a vote of 225 yeas to 189 nays. (119 Cong. Rec. 11690, 11691).

Veto sustained.

H.R. 7447.

Making supplemental appropriations for the fiscal year ending June 30, 1973, and for other purposes. Vetoed June 27, 1973. The veto message was laid before the House ane printed as H. Doc. 93-125. (119 Cong. Rec. 21777).

The House sustained the veto on June 27, 1973 by a vote of 241 yeas to 173 nays. (119 Cong. Rec. 21788).

Veto sustained.

H.R. 7935.

To amend the Fair Labor Standards Act of 1938 to increase the minimum wage rates under that act, to expand the coverage of that act.

Vetoed September 6, 1973. The veto message was laid before the House and printed as H. Doc. 93-147. (119 Cong. Rec. 28742, 28743).

The House sustained the veto on September 19, 1973 by a vote of 259 yeas to 164 nays. (119 Cong. Rec. 30292).

Veto sustained.

2292

H.J. Res. 542.

Concerning the war powers of Congress.

Vetoed October 24, 1973. The veto message was laid before the House October 25, 1973, and printed as H. Doc. 93-171. (119 Cong. Rec. 34990, 34991). The House overrode the veto on November 7, 1973 by a vote of 284 yeas to 135 nays. (119 Cong. Rec. 36202, 36222).

The Senate overrode the veto on November 7, 1973 by a vote of 75 yeas to 18 nays. (119 Cong. Rec. 36198).

Veto overridden. (87 Stat. 555; Public Law 93-148). 2293 H.R. 10511.

To amend the Urban Mass Transportation Act of
1964 to permit financial assistance to be furnished
under that act for the acquisition of certain equip-
ment which may be used for charter service in a
manner which does not foreclose private operators
from furnishing such service.

A pocket veto was attempted after the 1st session
of the 93d Congress had adjourned sine die on De-
cember 22, 1973. The bill was presented to the Presi-
dent on December 22, 1973 (119 Cong. Rec.
43327). A presidential message dated January 3,
1974 was received by the 2d session of the 93d
Congress. (119 Cong. Rec. 43328).

Note-Senator Edward M. Kennedy (D-Mass.) success-
fully challenged the validity of President Nixon's at-
tempt to pocket veto H.R. 10511. (Kennedy v. Jones,
Civil Action No. 74-194 (D.D.C.)). On April 13,
1976, the Justice Department announced that it
would consent to entry of judgment in favor of Sena-
tor Kennedy, as determined by President Ford.
Thereupon, on April 21, 1976, Judge John J. Sirica
of the United States District Court for the District of
Columbia granted Senator Kennedy's motion for
summary judgment. Accordingly, H.R. 10511 was
promulgated as Public Law 93-650; its provisions are
essentially identical to subsections (a) and (c) of Sec-
tion 813 of Public Law 93-383. In his brief, Senator
Kennedy had argued that the intent of the framers of
the Constitution was to limit the use of the pocket
veto only to final adjournments of a Congress and to
long sine die adjournments between sessions of Con-
gress. According to Senator Kennedy, the 29-day ad-
journment between sessions of the 93d Congress was
not long enough to prevent the return of the bill
within the meaning of Article 1, Section 7, Clause 2
of the Constitution. It had been the practice of early
Congresses to have long intersession adjournments of
many months and to adhere to the procedure of al-
lowing unfinished legislative business to expire at the
end of a session. The recent practice of Congress,
however, has been to stay in session nearly year-
round, with intersession adjournments no longer than