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Regular Vetoes and Pocket Vetoes: In Brief

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Regular Vetoes and Pocket Vetoes:In Brief
June 9, 2015 (RS22188)

Summary

Regular Vetoes and Pocket Vetoes: An Overview Kevin R. Kosar Analyst in American National Government June 18, 2014 Congressional Research Service 7-5700 www.crs.gov RS22188 Regular Vetoes and Pocket Vetoes: An Overview Summary The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool for the chief executive in his dealings with Congress. Since the founding of the in the executive branch's dealings with Congress. In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period.

Regular vetoes occur when the President refuses to sign a bill and returns the bill complete with objections to Congress within 10 days. Upon receipt of the rejected bill, Congress is able to begin the veto override process, which requires a two-thirds affirmative vote in both chambers in order for the bill to become law. Pocket vetoes occur when the President receives a bill but is unable to reject and return the bill to an adjourned Congress within the 10-day period. The bill, though lacking a signature and formal objections, does not become law. Pocket vetoes are not subject to the congressional veto override process.

Since the founding of the federal government in 1789, 37 of 44 Presidents have exercised their veto authority a total of 2,564 2,566 times. Congress has overridden these vetoes on 110 occasions (4.3%). Presidents have vetoed 83 appropriations bills, and Congress has overridden 12 (14.5%) of these vetoes. President Barack H. Obama has vetoed twofour bills since taking office in 2009: . H.J.Res. 64, an FY2010 appropriations measure, and H.R. 3808, the Interstate Recognition of Notarizations Act of 2010. These vetoes occurred during the 111th Congress. President Obama has not vetoed any legislation since then. This report will be updated as events warrant. Congressional Research Service Regular Vetoes and Pocket Vetoes: An Overview Contents Constitutional Basis and Importance ............................................................................................... 1 Overriding a Veto ............................................................................................................................. 1 Vetoes Exercised and Overridden .................................................................................................... 2 Regular Vetoes and Pocket Vetoes ............................................................................................. 2 Vetoes of Appropriation Acts..................................................................................................... 4 Tables Table 1. Presidential Vetoes, 1789-2013 .......................................................................................... 3 Table 2. Appropriations Acts Vetoed, 1789-2013 ............................................................................ 5 Contacts Author Contact Information............................................................................................................. 6 Acknowledgments ........................................................................................................................... 6 Congressional Research Service Regular Vetoes and Pocket Vetoes: An Overview T his report presents information on how Congress can override regular vetoes, the number of 2010, were vetoed during the first and second sessions of the 111th Congress respectively. S. 1, the Keystone XL Pipeline Approval Act, and S.J.Res. 8, a bill disapproving a National Labor Relations Board union election rule, were vetoed in the first session of the 114th Congress. Regular Vetoes and Pocket Vetoes:In Brief This report presents information on the process by which Congress can override regular vetoes, the number of vetoes by each President, and the use of vetoes in relation to appropriations acts. The report does not address two other types of vetoes—line-item vetoes (since the President currently has no such power at present) and legislative vetoes (which are wielded by Congress, not the President).11 It also does not address presidential signing statements.2 2 Constitutional Basis and Importance The U.S. Constitution (Article I, Section 7) provides that, for a bill to become law, it must be approved by both houses of Congress and presented to the President for his approval and signature. The President may sign an act signature. Article I, Section 7 also provides the President with the power to veto, or "forbid," the bill from becoming law. The President may sign a bill into law within the 10-day period (excluding Sundays) provided in the Constitution,3 let it become law without his signature, or veto it. The Constitution states that, when the President vetoes an act, “ as is provided for in the Constitution,3 let the bill become law without signature,4 or veto the bill. The Constitution states that when the President vetoes a bill, "he shall return it, with his Objections to that House in which it shall have originated.” This type of action is called a “regular” or “return” veto. If, on " For example, if the President vetoes a bill that was introduced in the Senate, the bill will be returned first to the Senate where the possible override process will begin. This type of action is called a "regular" or "return" veto. If, on the other hand, Congress has adjourned within the 10-day period after presentation of the act to bill to the President (thereby preventing the return of the bill to Congress), the President may simply withhold his signature refuse to sign the bill, and the act does not become law—a practice called a “pocket” veto.4 The President’"pocket" veto.5 The President's veto authority is among histhe most significant tools in legislativethe executive branch's dealings with Congress. Illustrative of this point is the fact that Congress. Presidents have vetoed 2,564566 acts since 1789; of these, Congress has overridden 110 (4.3%). Moreover, thea veto also can be effective as a threat, threat can also prove effective, sometimes forcing Congress to modify legislation before presenting it to the President. Overriding a Veto If a bill is pocket vetoed while Congress is out of session, the only way for Congress to override thecircumvent the pocket veto is to reintroduce the legislation as a new bill, pass it through both houseschambers, and present it to the President again for his signature. On the other hand, Congress may override a regular veto without introducing new legislation. through the process described in the U.S. Constitution. According to Article 1, Section 7 of the Constitution, when the President chooses not to sign a bill and instead returns it to the chamber whencefrom where it originated, the chamber enters the message of the President detailing the reasons for his or her refused assentapproval into its Journal and then proceeds “to reconsider”"to reconsider" the bill. Because the Constitution does not state exactly how Congress should reconsider a vetoed bill, House and Senate procedures govern the specific treatment of acts returned by the President.56 Passage by a two-thirds margin in both houses is required to override a 1 On these types of vetoes, see CRS Report RL33635, Item Veto and Expanded Impoundment Proposals: History and Current Status, by Virginia A. McMurtry; CRS Report RL33365, Line Item Veto: A Constitutional Analysis of Recent Proposals, by Morton Rosenberg; and CRS Report RS22132, Legislative Vetoes After Chadha, by Louis Fisher. 2 CRS Report RL33667, Presidential Signing Statements: Constitutional and Institutional Implications, by Todd Garvey. 3 U.S. Constitution, Art. I, Sec. 7. 4 Beginning in 1929, several judicial decisions have attempted to clarify when an adjournment by Congress prevents the President from returning a veto. In recent decades, Presidents occasionally have claimed to have pocket vetoed a bill but then have returned the legislation to Congress. This practice, often called a “protective return veto,” is controversial. See CRS Report RL30909, The Pocket Veto: Its Current Status, by Louis Fisher (out of print; available from Kevin R. Kosar). 5 For information on House and Senate procedures for considering vetoed bills, see CRS Report RS22654, Veto (continued...) Congressional Research Service 1 Regular Vetoes and Pocket Vetoes: An Overview veto before the end of the Congress in which the veto is received.6 If a two-thirds vote is successful in the originating house, that house informs the other of its decision to override the veto by message. Neither house is under any constitutional, legal, or procedural obligation to schedule an override vote. It is not unusual for Congress to make no effort to override the veto if congressional leaders do not believe they have sufficient votes. Vetoes Exercised and Overridden Regular Vetoes and Pocket Vetoes Table 1 shows that 37 of 447 Presidents have exercised their veto authority on a total of 2,564 occasions since 1789. Of that number, 1,498 (58.4%) were regular vetoes—that is, the rejected legislation was returned to the congressional house of origin, while it was in session, with a presidential message of explanation—and 1,066 (41.6%) were pocket vetoes, or rejected while Congress was adjourned.8 Congress has overridden 110 (7.3%) of the 1,498 regular vetoes. This percentage is skewed downward by the enormous number of vetoes in administrations prior to the 87th Congress (which began in 1961).9 If one counts only the regular vetoes since 1961 (the beginning of the Kennedy Administration), one finds 233 vetoes and 37 overridden (15.9%). George W. Bush (2001-2009) was the first President since John Quincy Adams (1825-1829) to serve a full term without wielding his veto. No president since Thomas Jefferson (1801-1809) has served two terms without vetoing a bill. (...continued) Override Procedure in the House and Senate, by Elizabeth Rybicki. 6 Although the Constitution states that approval requires “two thirds of that House,” congressional procedure, tradition, and judicial rulings have interpreted this requirement to mean two-thirds of those Members present and voting, provided there is a quorum present. 7 There have been 44 presidencies, but only 43 persons have served as President. Grover Cleveland was elected to two presidencies. 8 President George H.W. Bush attempted to pocket veto two bills during intrasession recesses. Congress considered the two bills enacted into law because the President had not returned the legislation. These two disputed vetoes are not included in Table 1. President George W. Bush characterized his veto of H.R. 1585 as a pocket veto. Since the 110th Congress treated it as a regular veto, this report counts H.R. 1585 as a regular veto. Most recently, President Barack H. Obama characterized his October 8, 2010, veto of H.R. 3808 as a “pocket veto.” (See Congressional Record—House, November 15, 2010, p. H7402.) The House of Representatives treated it as a regular veto and voted unsuccessfully to override it on November 17, 2010. 9 Most of those vetoes prior to 1961 were of private bills (i.e., legislation that would confer benefits upon a single person or company) and were rarely overridden. In 1971, Congress gave administrators more discretion to handle the claims of individuals. Thus, the need for congressionally passed private bills has dropped dramatically—from hundreds per annum to a few dozen—and, therefore, the opportunities for vetoes. On private bills, see CRS Report RS22450, Procedural Analysis of Private Laws Enacted: 1986-2013, by Christopher M. Davis. Congressional Research Service 2 Regular Vetoes and Pocket Vetoes: An Overview Table 1. Presidential Vetoes, 1789-2013 Coincident Congresses Regular Vetoes Washington 1st -4th 2 — 2 — J. Adams 5th -6th — — — — Jefferson 7th -10th — — — — Madison 11th -14th 5 2 7 — Monroe 15th -18th 1 — 1 — J. Q. Adams 19th -20th — — — — Jackson 21st -24th 5 7 12 — Van Buren 25th -26th — 1 1 — 27th — — — — Tyler 27th -28th 6 4 10 1 Polk 29th -30th 2 1 3 — 31st — — — — Fillmore 31st -32nd — — — — Pierce 33rd -34th 9 — 9 5 Buchanan 35th -36th 4 3 7 — Lincoln 37th -39th 2 5 7 — A. Johnson 39th -40th 21 8 29 15 Grant 41st -44th 45 48 93 4 Hayes 45th -46th 12 1 13 1 Garfield 47th — — — — Arthur 47th -48th 4 8 12 1 Cleveland 49th -50th 304 110 414 2 B. Harrison 51st -52nd 19 25 44 1 Cleveland 53rd -54th 42 128 170 5 McKinley 55th -57th 6 36 42 — T. Roosevelt 57th -60th 42 40 82 1 Taft 61st -62nd 30 9 39 1 Wilson 63rd -66th 33 11 44 6 Harding 67th 5 1 6 — Coolidge 68th -70th 20 30 50 4 Hoover 71st -72nd 21 16 37 3 F. D. Roosevelt 73rd -79th 372 263 635 9 Truman 79th -82nd 180 70 250 12 Eisenhower 83rd -86th 73 108 181 2 Kennedy 87th -88th 12 9 21 — President W. H. Harrison Taylor Congressional Research Service Pocket Vetoes Total Vetoes Vetoes Overridden 3 Regular Vetoes and Pocket Vetoes: An Overview President Coincident Congresses Regular Vetoes Pocket Vetoes Total Vetoes Vetoes Overridden L. B. Johnson 88th -90th 16 14 30 — Nixon 91st -93rd 26 17 43 7 Ford 93rd -94th 48 18 66 12 Carter 95th -96th 13 18 31 2 Reagan 97th -100th 39 39 78 9 G. H. W. Bush 101st -102nd 29 15 44 1 Clinton 103rd -106th 36 1 37 2 G. W. Bush 107th -110th 12 — 12 4 111th - 2 0 2 — 1,498 1,066 2,564 110 Obama Total Sources: U.S. Congress, Senate, Secretary of the Senate, “Vetoes” web page, available at http://www.senate.gov/ reference/reference_index_subjects/Vetoes_vrd.htm. Vetoes of Appropriation Acts A veto of an appropriations bill can result in the closure of federal agencies, the furlough of federal employees, and the interruption of federal programs and services.10 Despite these high stakes, Presidents have vetoed 83 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.11 For example, Presidents Carter, Reagan, George H. W. Bush, and Clinton were presented with a total of 387 annual appropriations acts and vetoed 30 of them (7.8%).12 President George W. Bush vetoed two appropriations bills. Congressional overrides of vetoes of appropriations are not unusual; 12 of the 83 vetoes (14.5%) have been overridden (see Table 2). 10 For additional information on federal government shutdowns, see CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by Clinton T. Brass. 11 The data in this section and in Table 2 include annual appropriations acts (which provide annual funding for the routine operations of most federal agencies), supplemental appropriations acts, and continuing appropriations acts. Excluded are measures dealing with impoundments, transfers, line-item vetoes under the Line Item Veto Act of 1996, and bills proposing appropriations for the relief of private claims. 12 CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger (out of print; available from Kevin R. Kosar). Congressional Research Service 4 Regular Vetoes and Pocket Vetoes: An Overview Table 2. Appropriations Acts Vetoed, 1789-2013 President Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden Washington 1st -4th — — Adams 5th -6th — — Jefferson 7th -10th — — Madison 11th -14th — — Monroe 15th -18th — — J. Q. Adams 19th -20th — — Jackson 21st -24th — — Van Buren 25th -26th — — 27th — — Tyler 27th -28th 2 — Polk 29th -30th 1 — 31st — — Fillmore 31st -32nd — — Pierce 33rd -34th 4 2 Buchanan 35th -36th 1 — Lincoln 37th -39th — — A. Johnson 39th -40th — — Grant 41st -44th — — Hayes 45th -46th 5 — Garfield 47th — — Arthur 47th -48th 1 1 Cleveland 49th -50th 1 — B. Harrison 51st -52nd — — Cleveland 53rd -54th 5 1 McKinley 55th -57th — — T. Roosevelt 57th -60th — — Taft 61st -62nd 4 — Wilson 63rd -66th 8 — Harding 67th 1 — Coolidge 68th -70th — — Hoover 71st -72nd 2 — F. D. Roosevelt 73rd -79th 1 1 Truman 79th -82nd 1 1 Eisenhower 83rd -86th 3 1 Kennedy 87th -88th — — W. H. Harrison Taylor Congressional Research Service 5 Regular Vetoes and Pocket Vetoes: An Overview President Coincident Congresses Approp. Acts Vetoed Vetoes of Approp. Acts Overridden L. B. Johnson 88th -90th — — Nixon 91st -93rd 5 1 Ford 93rd -94th 5 3 Carter 95th -96th 2 — Reagan 97th -100th 6 1 G. H. W. Bush 101st -102nd 8 — Clinton 103rd -106th 14 — G. W. Bush 107th -110th 2 — 111th - 1 — 83 12 Obama Total Sources: U.S. Congress, Senate, Secretary of the Senate, “Vetoes” web page, available at http://www.senate.gov/ reference/reference_index_subjects/Vetoes_vrd.htm. Author Contact Information Kevin R. Kosar Analyst in American National Government kkosar@crs.loc.gov, 7-3968 Acknowledgments The author thanks research contractor Madeline Morgan for her assistance in updating the text and data in this report. Congressional Research Service 6 chambers is required to override a veto before the end of the Congress in which the veto is received.7 If a two-thirds vote is successful in the originating chamber, that chamber informs the other of its decision to override the veto by message. Neither chamber is under any constitutional, legal, or procedural obligation to schedule an override vote. It is not unusual for Congress to make no effort to override the veto if congressional leaders do not believe they have sufficient votes. Veto Signaling

In addition to public addresses concerning legislation, the President has the ability to issue Statements of Administration Policy (SAPs) to express the Administration's view on a bill. SAPs are a written form of communication between the Administration and Congress and are typically issued shortly before floor action on the bill.8 The Office of Management and Budget coordinates the creation of SAPs on behalf of the Executive Office of the President.

SAPs communicate varying levels of Administration support or opposition to a bill. Importantly, SAPs are generally the first formal indicator of the Administration's intent to veto a bill. SAPs containing veto threats contain language indicating either the President's intent to veto, the President being advised to veto by agencies, or the President being advised to veto by the Administration's senior advisors. SAPs are transmitted by the White House to Congress; however, they are also available on the White House website.9

Vetoes Exercised and Overridden Regular Vetoes and Pocket Vetoes Table 1 shows that 37 of 4410 Presidents have exercised their veto authority on a total of 2,566 occasions since 1789. Of that number, 1,500 (58.5%) were regular vetoes—that is, the rejected legislation was returned to the congressional chamber of origin, while it was in session, with a presidential message of explanation—and 1,066 (41.5%) were pocket vetoes, or rejected while Congress was adjourned.11 Congress has overridden 110 (7.3%) of the 1,500 regular vetoes. This percentage is skewed downward by the large number of vetoes in Administrations prior to the 87th Congress (which began in 1961).12 If one counts only the regular vetoes since 1961 (the beginning of the Kennedy Administration), one finds 235 vetoes and 37 overridden (15.7%).

George W. Bush (2001-2009) was the first President since John Quincy Adams (1825-1829) to serve a full four-year term without using his veto. No President since Thomas Jefferson (1801-1809) has served two full terms without vetoing a bill, as President Bush used his veto in July 2006.

President Barack H. Obama has vetoed four bills since taking office in 2009. H.J.Res. 64, an FY2010 appropriations measure, and H.R. 3808, the Interstate Recognition of Notarizations Act of 2010, were vetoed during the first and second sessions of the 111th Congress respectively. S. 1, the Keystone XL Pipeline Approval Act, and S.J.Res. 8, a bill disapproving a National Labor Relations Board union election rule, were vetoed in the first session of the 114th Congress.

Table 1. Presidential Vetoes, 1789-2015

President

Coincident Congresses

Regular Vetoes

Pocket Vetoes

Total Vetoes

Vetoes Overridden

Washington

1st -4th

2

—

2

—

J. Adams

5th -6th

—

—

—

—

Jefferson

7th -10th

—

—

—

—

Madison

11th -14th

5

2

7

—

Monroe

15th -18th

1

—

1

—

J. Q. Adams

19th -20th

—

—

—

—

Jackson

21st -24th

5

7

12

—

Van Buren

25th -26th

—

1

1

—

W. H. Harrison

27th

—

—

—

—

Tyler

27th -28th

6

4

10

1

Polk

29th -30th

2

1

3

—

Taylor

31st

—

—

—

—

Fillmore

31st -32nd

—

—

—

—

Pierce

33rd -34th

9

—

9

5

Buchanan

35th -36th

4

3

7

—

Lincoln

37th -39th

2

5

7

—

A. Johnson

39th -40th

21

8

29

15

Grant

41st -44th

45

48

93

4

Hayes

45th -46th

12

1

13

1

Garfield

47th

—

—

—

—

Arthur

47th -48th

4

8

12

1

Cleveland

49th -50th

304

110

414

2

B. Harrison

51st -52nd

19

25

44

1

Cleveland

53rd -54th

42

128

170

5

McKinley

55th -57th

6

36

42

—

T. Roosevelt

57th -60th

42

40

82

1

Taft

61st -62nd

30

9

39

1

Wilson

63rd -66th

33

11

44

6

Harding

67th

5

1

6

—

Coolidge

68th -70th

20

30

50

4

Hoover

71st -72nd

21

16

37

3

F. D. Roosevelt

73rd -79th

372

263

635

9

Truman

79th -82nd

180

70

250

12

Eisenhower

83rd -86th

73

108

181

2

Kennedy

87th -88th

12

9

21

—

L. B. Johnson

88th -90th

16

14

30

—

Nixon

91st -93rd

26

17

43

7

Ford

93rd -94th

48

18

66

12

Carter

95th -96th

13

18

31

2

Reagan

97th -100th

39

39

78

9

G. H. W. Bush

101st -102nd

29

15

44

1

Clinton

103rd -106th

36

1

37

2

G. W. Bush

107th -110th

12

—

12

4

Obama

111th -

4

—

4

—

Total

 

1,500

1,066

2,566

110
Sources: U.S. Congress, Senate, Secretary of the Senate, "Vetoes" web page, available at http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm. Vetoes of Appropriation Acts A veto of an appropriations bill can result in the closure of federal agencies, the furlough of federal employees, and the interruption of federal programs and services.13 Despite these potential outcomes, Presidents have vetoed 83 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.14 For example, Presidents Carter, Reagan, George H. W. Bush, and Clinton were presented with a total of 387 appropriations acts and vetoed 30 of them (7.8%).15 President Barack H. Obama has vetoed one appropriations bill. Congressional overrides of vetoes of appropriations are not unusual; 12 of the 83 vetoes (14.5%) have been overridden (see Table 2). Table 2. Appropriations Acts Vetoed, 1789-2015

President

Coincident Congresses

Approp. Acts Vetoed

Vetoes of Approp. Acts Overridden

Washington

1st -4th

—

—

Adams

5th -6th

—

—

Jefferson

7th -10th

—

—

Madison

11th -14th

—

—

Monroe

15th -18th

—

—

J. Q. Adams

19th -20th

—

—

Jackson

21st -24th

—

—

Van Buren

25th -26th

—

—

W. H. Harrison

27th

—

—

Tyler

27th -28th

2

—

Polk

29th -30th

1

—

Taylor

31st

—

—

Fillmore

31st -32nd

—

—

Pierce

33rd -34th

4

2

Buchanan

35th -36th

1

—

Lincoln

37th -39th

—

—

A. Johnson

39th -40th

—

—

Grant

41st -44th

—

—

Hayes

45th -46th

5

—

Garfield

47th

—

—

Arthur

47th -48th

1

1

Cleveland

49th -50th

1

—

B. Harrison

51st -52nd

—

—

Cleveland

53rd -54th

5

1

McKinley

55th -57th

—

—

T. Roosevelt

57th -60th

—

—

Taft

61st -62nd

4

—

Wilson

63rd -66th

8

—

Harding

67th

1

—

Coolidge

68th -70th

—

—

Hoover

71st -72nd

2

—

F. D. Roosevelt

73rd -79th

1

1

Truman

79th -82nd

1

1

Eisenhower

83rd -86th

3

1

Kennedy

87th -88th

—

—

L. B. Johnson

88th -90th

—

—

Nixon

91st -93rd

5

1

Ford

93rd -94th

5

3

Carter

95th -96th

2

—

Reagan

97th -100th

6

1

G. H. W. Bush

101st -102nd

8

—

Clinton

103rd -106th

14

—

G. W. Bush

107th -110th

2

—

Obama

111th -

1

—

Total

 

83

12
Sources: U.S. Congress, Senate, Secretary of the Senate, "Vetoes" web page, available at http://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm.

Acknowledgments

Earlier versions of this report were written by [author name scrubbed], formerly of the Congressional Research Service. Readers with questions about this report's subject matter may contact [author name scrubbed]. Research contractor Madeline Morgan provided valuable assistance in updating the text and data in this report.

Footnotes

1.

On the line item veto, see CRS Report R42383, Budget Process Reform: Proposals and Legislative Actions in 2012, by [author name scrubbed] and CRS Report R40113, Federal Budget Process Reform in the 111th Congress: A Brief Overview, by [author name scrubbed]. On the legislative veto, see CRS Report RS22132, Legislative Vetoes After Chadha (pdf), by [author name scrubbed]. The author of that report is no longer at CRS. Questions about its content can be directed to the author of this report.

2.

CRS Report RL33667, Presidential Signing Statements: Constitutional and Institutional Implications, by [author name scrubbed].

3.

U.S. Constitution, Art. I, Sec. 7.

4.

A bill will become law without the President's signature if the President refuses to sign the bill and refuses to return the bill to an active Congress within 10 days of being presented with the bill. U.S. Constitution, Art. I, Sec. 7 states, "If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."

5.

CRS Report R41217, Presenting Measures to the President for Approval: Possible Delays, by [author name scrubbed].

6.

For information on House and Senate procedures for considering vetoed bills, see CRS Report RS22654, Veto Override Procedure in the House and Senate, by [author name scrubbed].

7.

Although the Constitution states that approval requires "two thirds of that House," congressional procedure, tradition, and judicial rulings have interpreted this requirement to mean two thirds of those Members present and voting, provided there is a quorum present.

8.

Shelley Lynne Tomkin, Inside OMB: Politics and Process in the President's Budget Office (New York: M. E. Sharpe, Inc., 1998), p. 18.

9.

Office of Management and Budget, "Statements of Administration Policy on Non-Appropriations and Appropriations Bills," May 2015, at https://www.whitehouse.gov/omb/legislative_sap_default.

10.

There have been 44 presidencies, but only 43 persons have served as President. Grover Cleveland was elected to two nonconsecutive presidencies.

11. President George H.W. Bush attempted to pocket veto two bills during intrasession recesses. Congress considered the two bills enacted into law because the President had not returned the legislation. These two disputed vetoes are not included in Table 1. President George W. Bush characterized his veto of H.R. 1585 as a pocket veto but, nevertheless, he returned it to Congress, and Congress treated it as a regular veto. Likewise, on several occasions, other recent Presidents (including Presidents prior to George W. Bush) have characterized some vetoes as pocket vetoes but have returned the bill with a message to Congress. Because Congress has treated those situations like a regular veto, this report considers those circumstances to be a regular veto and includes them in the counts provided. This practice is discussed in CRS Report RL30909, The Pocket Veto: Its Current Status, by [author name scrubbed]. This report has been archived and a copy can be made available upon request from the author of this report. 12.

Most vetoes prior to 1961 were of private bills (i.e., legislation that would confer benefits upon a single person or company) and were rarely overridden. In 1971, Congress gave administrators more discretion to handle the claims of individuals. Thus, the need for congressionally passed private bills dropped—from hundreds per annum to a few dozen—and, therefore, the number of opportunities for vetoes also dropped. On private bills, see CRS Report RS22450, Procedural Analysis of Private Laws Enacted: 1986-2013, by [author name scrubbed].

13.

For additional information on federal government shutdowns, see CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by [author name scrubbed].

14. The data in this section and in Table 2 include annual appropriations acts (which provide annual funding for the routine operations of most federal agencies), supplemental appropriations acts, and continuing appropriations acts. Excluded are measures dealing with impoundments, transfers, line-item vetoes under the Line Item Veto Act of 1996, and bills proposing appropriations for the relief of private claims. 15.

CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell Sollenberger. This report has been archived and a copy can be made available upon request from the author of this report.