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some intrasession adjournments, while unfinished legislative business is carried over to the second session. Furthermore, Congress now engages frequently in the practice of appointing officers of Congress to receive presidential messages while in recess. Therefore, such adjournments do not prevent the return of the bill as contemplated by the Constitution. Despite the attempted pocket veto, the bill is listed here among regular vetoes, and is counted as such, and as an override, in Table 1 p. ix, supra, because of the unique circumstances of its history.

Ninety-third Congress, Second Session

Regular Vetoes 2294 S. 2589.

To authorize and direct the President and State and
local governments to develop contingency plans for
reducing petroleum consumption, and assuring the
continuation of vital public services in the event of
emergency fuel shortages or severe dislocations in
the Nation's fuel distribution system, and for other
purposes.
Vetoed March 6, 1974. The veto message was laid
before the Senate and printed as S. Doc. 93-61
(120 Cong. Rec. 5491, 5492).
The Senate sustained the veto on March 6, 1974 by a
vote of 58 yeas to 40 nays. (120 Cong. Rec. 5534).
Veto sustained.

2295

H.R. 15472.
Making appropriations for Agriculture-Environmental
and Consumer Protection programs for the fiscal year
ending June 30, 1975.
Vetoed August 8, 1974. The veto message was laid
before the House and printed as H. Doc. 93-331. (120
Cong. Rec. 27534, 27535).
Veto

unchallenged.

[graphic]

GERALD R. FORD

President Ford vetoed sixty-six bills, of which fortyeight were regular vetoes and eighteen were pocket vetoes. Twelve were overridden (Nos. 2304, 2305, 2307, 2308, 2323, 2329, 2335, 2336, 2338, 2342, 2348, 2354).

2296

Ninety-third Congress, Second Session
Regular Vetoes1
S. 3537.
To modify section 204 of the Flood Control Act of
1965.

1Pursuant to S. Con. Res. 120, Congress adjourned on October
17, 1974 until November 18, 1974. During this period, Presi-
dent Ford vetoed five bills, H.R. 6624 (No. 2299), H.R. 7768
(No. 2300), H.R. 11541 (No. 2302), H.R. 13342 (No. 2306),
and H.R. 14225 (No. 2307); he returned these bills to the
Clerk of the House who had been authorized by the House of
Representatives to receive messages from the President during
the intrasession adjournment. The President claimed that these
five bills were pocket vetoed by including the following lan-
guage in each message: “I am advised by the Attorney General
and I have determined that the absence of my signature from
this bill prevents it from becoming law. Without in any way
qualifying this determination, I am also returning it without
my approval to those designated by Congress to receive mes-
sages at this time.”
President Ford's action, despite the above language, con-
formed to the normal procedures used for a regular veto. Con-
gress considered them to be regular vetoes and, as such, sus-
ceptible to being overridden. Therefore they are listed here
among the regular vetoes of this session, and are tabulated
as such in Table 1, p. ix, supra.
One of these five bills, H.R. 14225 (No. 2307), was, in fact,
overridden by votes of both the House and the Senate. When
it was not subsequently promulgated as a public law, Senator
Edward M. Kennedy (D-Mass.) amended his complaint in a
case already pending in the United States District Court for
the District of Columbia to include H.R. 14225 (Kennedy v.
Jones, Civil Action 74-194 (D.D.C.)).
Senator Kennedy argued in his brief that if the President was
able to return the bill, then obviously Congress did not "by
their adjournment prevent its return” as required by Article
1, Section 7, Clause 2 of the Constitution. Senator Kennedy
further claimed that the holding of Kennede u Sampson (511

Vetoed December 17, 1974. The veto message was
laid before the Senate. (120 Cong. Rec. 40607).
Veto unchallenged.

2297

H.R. 5094.
To amend Title 5, United States Code, to provide for
the reclassification of positions of deputy U.S. marshal.
Vetoed August 12, 1974. The veto message was laid
before the House, referred to the Post Office and
Civil Service Committee and printed as H. Doc. No.
93-336. (120 Cong. Rec. 28162).
Veto unchallenged.

2298 H.R. 6191.

To amend the Tariff Schedules of the United States
to provide that certain forms of zinc be admitted free
of duty.
Vetoed November 26, 1974. The veto message was
laid before the House and printed as H. Doc. 93-397.
(120 Cong. Rec. 37426).
The House sustained the veto on December 3, 1974 by
a vote of 249 yeas to 150 nays. (120 Cong. Rec. 37889).
Veto sustained.

2299 H.R. 6624.

For the relief of Alvin W. Burt, Jr., Eileen Wallace
Kennedy Pope, and David Douglas Kennedy, a minor.
Vetoed October 29, 1974. The veto message was laid
before the House and printed as H. Doc. 93-378.
(120 Cong. Rec. 36247).
The House sustained the veto on November 20, 1974
by a vote of 236 yeas to 163 nays. (120 Cong. Rec.
36634).
Veto sustained.

2300

H.R. 7768.
For the relief of Nolan Sharp.
Vetoed October 29, 1974. The veto message was laid
before the House and printed as H. Doc. 93-379. (120
Cong. Rec. 36248).
Veto

unchallenged.

F. 2d 430 (D.C.Cir. 1974)) was controlling in this case. In the
the former case, the Court of Appeals held President Nixon's
attempted pocket veto of S. 3418 during the intrasession ad-
journment of the second session of the 91st Congress was in-
valid and that "the question of whether any intrasession ad-
journment, as that practice is presently understood, can
prevent the return of a bill by the President where appropriate
arrangements have been made for receipt of presidential mes-
sages during the adjournment ... must be answered in the
negative.” (Kennedy v. Sampson, supra, at 442).
On April 13, 1976, the Justice Department announced that it
would consent to entry of judgment in favor of Senator Ken-
nedy, as determined by President Ford. Accordingly, H.R.
14225 was promulgated as public law, its provisions being
identical to Public Law 93-516.

2301 H.R. 10626.

To authorize the Secretary of the Interior to sell re-
served phosphate interests of the United States in
certain lands in Florida to John Carter and Martha B.
Carter.
Vetoed September 30, 1974. The veto message was
laid before the House, referred to the Committee on
Interior and Insular Affairs and printed as H. Doc. 93-
363. (120 Cong. Rec. 33023).
Veto unchallenged.

2302 H.R. 11541.

To amend the National Wildlife Refuge System Ad-
ministration Act of 1966 in order to strengthen the
standards under which the Secretary of the the In-
terior may permit certain uses to be made of areas
within the system and to require payment of the
fair market value of rights-of-way or other interest
granted in such areas in connection with such uses.
Vetoed October 22, 1974. The veto message was
laid before the House, referred to the Committee on
Merchant Marine and Fisheries and printed as H. Doc.
93-382. (120 Cong. Rec. 36245).
Veto unchallenged.

2303

H.R. 11873.
To authorize the Secretary of Agriculture to encour-
age and assist the several states in carrying out a pro-
gram of animal health research.
Vetoed August 14, 1974. The veto message was laid
before the House, referred to the Committee on Agri-
culture and printed as H. Doc. 93-337 (120 Cong.
Rec. 28367).
Veto unchallenged.

2304

H.R. 12471.
To amend section 552 of Title 5, United States Code,
known as the Freedom of Information Act.
Vetoed October 17, 1974. The veto message was laid
before the House and printed as H. Doc. 93-383. (120
Cong. Rec. 36243).
The House overrode the veto on November 21, 1974
by a vote of 371 yeas to 31 nays. (120 Cong. Rec.
36622).
The Senate overrode the veto on November 21, 1974
by a vote of 65 yeas to 27 nays. (120 Cong. Rec.
36865).
Veto overridden. (88 Stat. 1561; Public Law 93-502).

2305 H.R. 12628.

To amend Title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowance paid to eligible veterans and other persons.

Vetoed November 26, 1974. The veto message was
laid before the House and printed as H. Doc. 93-396.
(120 Cong. Rec. 37426).
The House overrode the veto on December 3, 1974
by a vote of 394 yeas to 10 nays. (120 Cong. Rec.
37874).
The Senate overrode the veto on December 3, 1974
by a vote of 90 yeas to 1 nay. (120 Cong. Rec.
37836).
Veto overridden. (88 Stat. 1578; Public Law 93-508).

2306 H.R. 13342.

To amend the Farm Labor Contract Registration Act
of 1963 by extending its coverage and effectuating its
enforcement.
Vetoed October 29, 1974. The veto message was laid
before the House, referred to the Committee on Edu-
cation & Labor and printed as H. Doc. 93-380. (120
Cong. Rec. 36246).
Veto

unchallenged.

2307

H.R. 14225.
To amend and extend the Rehabilitation Act of 1973
for one additional year.
Vetoed October 29, 1974. The veto message was laid
before the House and printed as H. Doc. 93-381. (120
Cong. Rec. 36246).
The House overrode the veto on November 20, 1974
by a vote of 398 yeas to 7 nays. (120 Cong. Rec.
36614).
The Senate overrode the veto on November 21, 1974
by a vote of 90 yeas to 1 nay. (120 Cong. Rec.
36842, 36849, 36882).
Veto overridden. (A Public Law number was not as-
signed to this bill due to the signing into law of an
identical bill, H.R. 17503, which became Public Law
93-516; see footnote 1 on p. 449, supra.)

2308

H.R. 15301.
To amend the Railroad Retirement Act of 1937 to
revise the retirement system for employees of em-
ployers covered thereunder.
Vetoed October 12, 1974. The veto message was laid
before the House and printed as H. Doc. 93-371. (120
Cong. Rec. 35609).
The House overrode the veto on October 15, 1974 by
a vote of 360 yeas to 12 nays. (120 Cong. Rec. 35616).
The Senate overrode the veto on October 16, 1974 by a
vote of 72 yeas to 1 nay. (120 Cong. Rec. 35893).
Veto overridden. (88 Stat. 1305; Public Law 93-445).

2309

H.R. 15323.
To amend the Atomic Energy Act of 1954, as amend-
ed, to revise the method of proving for public remu-
neration in the event of a nuclear incident.

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