2292

2293

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).
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 December 22, 1973. The bill was presented to the President 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.) successfully challenged the validity of President Nixon's attempt 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 Senator 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 Section 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 Congress. According to Senator Kennedy, the 29-day adjournment 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 allowing unfinished legislative business to expire at the end of a session. The recent practice of Congress, however, has been to stay in session nearly yearround, with intersession adjournments no longer than

some intrasession adjournments, while unfinished
legislative business is carried over to the second ses-
sion. Furthermore, Congress now engages frequently
in the practice of appointing officers of Congress to
receive presidential messages while in recess. There-
fore, 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.

2296

GERALD R. FORD

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

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, President 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 language 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 messages at this time."

President Ford's action, despite the above language, conformed to the normal procedures used for a regular veto. Congress considered them to be regular vetoes and, as such, susceptible 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 Kennedy v. Sampson (511

2297

2298

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

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.

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).

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 adjournment of the second session of the 91st Congress was invalid and that "the question of whether any intrasession adjournment, 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 messages 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 Kennedy, 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 reserved 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. 93363. (120 Cong. Rec. 33023).

Veto unchallenged.

2302 H.R. 11541.

To amend the National Wildlife Refuge System Administration Act of 1966 in order to strengthen the standards under which the Secretary of the the Interior 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 interests 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.

2304

2305

To authorize the Secretary of Agriculture to encourage and assist the several states in carrying out a program of animal health research.

Vetoed August 14, 1974. The veto message was laid before the House, referred to the Committee on Agriculture and printed as H. Doc. 93-337 (120 Cong. Rec. 28367).

Veto unchallenged.

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).

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.