October 1, 1976 Co.

for Certain Employees, as amended, and for

other purposes;

H.R. 13964. An act for the relief of Jeanette

Green, as mother of the minor child, Ricky

Baker, deceased, and as widow and administratrix of the estate of Enoch Odell Baker,

deceased; and for the relief of Mary Jane

Baker Nolan, individually, and as widow and

administratrix, of the estate of John William

Baker, deceased;

H.R. 14227. An act to direct the Secretary of

Agriculture to release a condition with respect

to certain real property conveyed by the

United States to the board'of regents of the

universities and State colleges of Arizona for

the use of the University of Arizona;

H.R. 14451. An act to amend the Federal

Property and Administrative Services Act of

1949 to permit the donation of Federal surplus personal property to the States and local organizations for public purposes, and for

other purposes;

H.R. 15276. An act to amend the District of

Columbia Police and Firemen's Salary Act of

1953 to provide for the same cost-of-living

adjustments In the basic compensation of

officers and members of the U.S. Park Police

force as are given to Federal employees under

the General Schedule and to require submittal of a report on the feasibility and desirability of codifying the laws relating to the

U.S. Park Police force:

H.R. 15445. An act to study and provide enhanced protection for whales, and for other

purposes; and

H.R. 15813. An act to amend the Act of

June 3, 1976, relating to the Commission on

Security and Cooperation in Europe.

On October 18, 1976:

H.J. Res. 1107. Joint resolution to provide

for the printing and distribution of the Precedents of the House of Representatives compiled and prepared by Lewis Deschler.

H.R. 5682. An act to extend the boundary

of the Tinicum National Environmental Center, and for other purposes;

H.R. 8002. An act to designate certain lands

in the Point Reyes National Seashore, Calif.,

as wilderness, amending the Act of September 13, 1962 (76 Stat. 538), as amended

(16 U.S.C. 459c-6a), and for other purposes.

H.R. 11455. An act to amend the act establishing the Indiana Dunes National Lakeshore

to provide for the expansion of the lakeshore, and for other purposes;

H.R. 11891. An act to authorize the establishment of the Congaree Swamp National

Monument in the State of South Carolina,

and for other purposes;

H.R. 12939. An act to amend certain laws

affecting personnel of the Coast Guard, and

for other purposes;

H.R. 12961. An act to amend the Social Security Act to repeal the requirement that a

State's plan for medical assistance under

title XIX of such act include a provision

giving consent of the State to certain suits

brought with respect to payment for inpatient hospital services;

H.R. 14041. An act to amend the Railroad

Retirement Act of 1974 with respect to the

computation of annuity amounts in certain

cases, and for other purposes; and

H.R. 15531. An act to permit the use of unsworn declarations under penalty of perjury

as evidence in Federal proceedings.

On October 19, 1976:

H.R. 10133. An act to upgrade the position

of Under Secretary of Agriculture to Deputy

Secretary of Agriculture; to provide for an

additional Assistant Secretary of Agriculture;

to increase the compensation of certain officials of the Department of Agriculture; to

provide for an additional member of the

Board of Directors, Commodity Credit Corporation; and for other purposes;

H.R. 12033. An act to continue until the

close of June 30, 1979, the existing suspension of duties on manganese ore (including

ferruginous ore) and related products;

H.R. 13955. An act to provide for amendNGRESSIONAL RECORD - HOUSE

ment of the Bretton Woods Agreements Act,

and for other purposes; and

H.R. 15571. An act to amend chapter 21 of

the Internal Revenue Code of 1954 and title

II of the Social Security Act to provide that

the payment of social security taxes by a

nonprofit organization with respect to its

employees shall constitute (for both tax and

benefit purposes) a constructive filing by

such organization of the certificate otherwise required to provide social security coverage for such employees if it has not received a refund or credit of such taxes, and

to require the filing of such a certificate by

any nonprofit organization which paid such

taxes but received a refund or credit because

it had not previously filed such' certificate.

On October 20, 1976:

H.R. 1144. An act to amend the Internal

Revenue Code of 1954 with respect to the

tax treatment of social clubs and certain

other membership organizations, to provide

for a study of tax incentives for recycling,

and for other purposes;

H.R. 7228. An act to amend the Internal

Revenue Code of 1954 to permit the authorization of means other than stamp on containers of distilled spirits as evidence of tax

payment, to provide an extension of certain provisions relating to members of the

Armed Forces missing in action, and for

other purposes;

H.R. 9719. An act to provide for certain

payments to be made to local governments

by the Secretary of the Interior based upon

the amount of certain public lands within

the boundaries of such locality;

H.R. 10210. An act to require States to

extend unemployment compensation coverage to certain previously uncovered workers;

to increase the amount of the wages subject

to the Federal unemployment tax; to increase the rate of such tax; and for other

purposes;

H.R. 12207. An act to amend the Rural

Electrification Act of 1936, as amended, to

correct unintended inequities in the interest

rate criteria for borrowers from the Rural

Electrification Administration, and to make

other technical amendments;

H.R. 13160. An act to designate certain

lands within units of the National Park

System as wilderness; to revise the boundaries of certain of those units; and for other

purposes; and

H.R. 14535. An act to amend the Immigration and Nationality Act, and for other

purposes.

On October 21, 1976:

H.R. 2735. An act to amend title 38, United

States Code, to improve the quality of hospital care, medical services, and nursing

home care in Veterans' Administration

health care facilities; to make certain technical and conforming amendments; and for

other purposes;

H.R. 9460. An act to provide for the establishment of constitutions for the Virgin

Islands and Guam;

H.R. 10192. An act to amend title 14,

United States Code, to provide for the nondiscriminatory appointment of cadets to the

United States Coast Guard Academy;

H.R. 11315. An act to define the jurisdiction of United States courts in suits against

foreign states, the circumstances in which

foreign states are immune from suit and in

which execution may not be levied on their

property, and for other purposes;

H.R. 12572. An act to amend the United

States Grain Standards Act to improve the

grain inspection and weighing system, and

for other purposes;

H.R. 13500. An act to amend the Social

Security Act with respect to food stamp purchases by welfare recipients;

H.R. 13713. An act to provide for increases

in appropriation ceilings and boundary

changes in certain units of the National

Park System, and for other purposes;

35383

H.R. 13828. An act to amend title 44,

United States Code, to strenghten the authority of the Administrator of General Services with respect to records management by

Federal agencies, and for other purposes; and

H.R 15563. An act to amend the act of

July 9, 1965 (79 Stat. 213; 16 U.S.C. 4601-17

(c)), and for other purposes.

BILLS DISAPPROVED AFTER SINE

DIE ADJOURNMENT

The President announced his disapproval of the following bills with memorandums of disapproval as follows:

H.R. 4654

MEMORANDUM OF DISAPPROVAL

I have withheld my approval from

H.R. 4654, a bill "For the relief of Day's

Sportswear, Incorporated."

H.R. 4654 appears to relate to the same

claim as presented in B. A. McKenzie

and Co., Inc. v. United States, United

States Customs Court #74-6-01520. Another known similar claim on behalf of

another importer is pending in the case

of George S. Bush and Co., Inc. v. United

States, United States Customs Court

#73-9-02693.

The United States Government is

presently defending these two cases and

the United States Customs Court is expected to rule. Briefly, the litigation involves the applicability of certain

customs duties.

I believe that the courts should be permitted to rule in these cases in due

course. I am also concerned that my

approval of H.R. 4654 could inappropriately predispose the court's ruling.

Further, H.R. 4654 would constitute

preferred treatment of one importer

against others having similar claims

against the Government.

Finally, I believe that private relief

legislation is appropriate only after all

other avenues of available administrative and legal recourse have been

pursued.

For these reasons, I have withheld my

approval from H.R. 4654.

H.R. 5446

MEMORANDUM OF DISAPPROVAL

I am today withholding my signature

from H.R. 5446, a bill to Implement the

United States obligations under the Convention on the International Regulations

for Preventing Collisions at Sea, 1972.

The bill includes a provision which I

believe to be unconstitutional. It would

empower either the House of Representatives or the Senate to block amendments

to the Convention's regulations merely

by passing a resolution of disapproval.

This provision is incompatible with the

express provision in the Constitution that

a resoluion having the force and effect

of law must be presented to the President

and, if disapproved, repassed by a twothirds majority in the Senate and the

House of Representatives. It extends to

the Congress the power to prohibit specific transactions authorized by law without changing the law-and without following the constitutional process such a

change would require. Moreover, it would

involve the Congress directly in the performance of Executive functions in disregard of the fundamental principle of

separation of powers.