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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
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.

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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).

Ninety-third Congress, Second Session

Regular Vetoes1 2296 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 Kennedy v. 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.

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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 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.
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.

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