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Regular Vetoes and Pocket Vetoes: In Brief

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Regular Vetoes and Pocket Vetoes:
In Brief

June 9, 2015August 2, 2016 (RS22188)
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Summary

The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool 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 2,566572 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 four10 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.


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) and legislative vetoes (which are wielded by Congress, not the President).1 It also does not address presidential signing statements.2

Constitutional Basis and Importance

The three most recent vetoes, which all took place during the second session of the 114th Congress, were of
  • H.R. 3762, Restoring Americans' Healthcare Freedom Reconciliation Act of 2015;
  • S.J.Res. 22, A joint resolution providing for congressional disapproval under Chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of "waters of the United States" under the Federal Water Pollution Control Act; and
  • H.J.Res. 88, Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary."
  • Regular Vetoes and Pocket Vetoes:In Brief

    This report presents information on the constitutional basis for vetoes, veto override procedure, and veto threats. It concludes with tables providing the counts of regular vetoes, pocket vetoes, and vetoes of appropriations acts. 1

    The President's veto authority is among the most significant tools in the executive branch's dealings with Congress. The U.S. Constitution outlines the veto authority in Article I, Section 7. Thirty-seven of 44 Presidents have used the veto. Presidents have vetoed 2,572 acts since 1789; of these, Congress has overridden 110 (4.3%).

    Constitutional Basis

    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 approval and 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) as is provided for in the Constitution,3, let the bill become law without signature,42 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." 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 willwould 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 bill to the President (thereby preventing the return of the bill to Congress), the President may simply refuse to sign the bill, and the act does not become law—a practice called a "pocket" veto.5

    The President's veto authority is among the most significant tools in the executive branch's dealings with Congress. Presidents have vetoed 2,566 acts since 1789; of these, Congress has overridden 110 (4.3%). Moreover, a veto threat can also prove effective, sometimes forcing Congress to modify legislation before presenting it to the President.

    3

    Overriding a Veto

    If a bill is pocket vetoed while Congress is out of session, the only way for Congress to circumvent the pocket veto is to reintroduce the legislation as a new bill, pass it through both chambers, and present it to the President again for signature. 4 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 from where it originated, the chamber enters the message of the President detailing the reasons for his or her refused approval into its Journal and then proceeds "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.65 Passage by a two-thirds margin in both chambers is required to override a veto before the end of the Congress in which the veto is received.76 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

    A veto threat can also prove to be an effective tool for the President, sometimes forcing Congress to modify legislation before presenting the bill to the President.7 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. 8 SAPs are a written form of communication between the Administration and Congress and are typically issued shortly before floor action on the bill.89 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

    10

    Vetoes Exercised and Overridden

    Regular Vetoes and Pocket Vetoes

    Table 1 shows that 37 of 441011 Presidents have exercised their veto authority on a total of 2,566572 occasions since 1789. Of that number, 1,500506 (58.56%) 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.1112 Congress has overridden 110 (7.3%) of the 1,500506 regular vetoes. This percentage is skewed downward by the large number of vetoes in Administrations prior to the 87th Congress (which began in 1961).1213 If one counts only the regular vetoes since 1961 (the beginning of the Kennedy Administration), one finds 235241 vetoes and 37 overridden (15.74%).

    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 four10 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

    The three most recent vetoes, which all took place during the second session of the 114th Congress, were of
    • H.R. 3762, Restoring Americans' Healthcare Freedom Reconciliation Act of 2015;
    • S.J.Res. 22, A joint resolution providing for congressional disapproval under Chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of "waters of the United States" under the Federal Water Pollution Control Act; and
    • H.J.Res. 88, Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary."
    Table 1. Presidential Vetoes, 1789-2016

    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 -

    10
    4

    4

    Total

     

    506
    1,500

    a
    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.

    a. Recent Presidents and Congresses disagree about what constitutes a pocket veto. This table defers to the Senate's count of pocket vetoes.

    Vetoes of Appropriation Acts

    A veto of an appropriations bill can result in a funding gap, which may lead to the closure of federal agencies, the furlough of federal employees, and the interruption of federal programs and services.1314 Despite these potential outcomes, Presidents have vetoed 83 appropriations bills since 1789; more than half of these vetoes have occurred since 1968.1415 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%).1516 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

    2016

    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.

    Author Contact Information

    [author name scrubbed], Analyst in Government Organization and Management ([email address scrubbed], [phone number scrubbed])
    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

    5. 9.
    1.

    The report does not address two other types of vetoes—line-item vetoes (since the President currently has no such power) and legislative vetoes (which are wielded by Congress, not the President). It also does not address presidential signing statements. 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.

    For information about signing statements, see CRS Report RL33667, Presidential Signing Statements: Constitutional and Institutional Implications, by [author name scrubbed].

    3.

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

    42.

    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."

    53.

    For more information, see pages 1-3 of CRS Report R41217, Presenting Measures to the President for Approval: Possible Delays, by [author name scrubbed].

    64.

    Recent Presidents and Congresses have disagreed about what constitutes a pocket veto. For more information about this debate, please contact the author of this report for a copy of a congressional distribution memo, "Asserted Use of the Pocket Veto During the George W. Bush and Barack Obama Administrations," by [author name scrubbed] and [author name scrubbed].

    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].

    76.

    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.

    87.

    For more information about veto threats and SAPs, see page 3 of CRS Report R44539, Statements of Administration Policy, by [author name scrubbed].

    8.

    For more information on SAPs, see CRS Report R44539, Statements of Administration Policy, by [author name scrubbed].

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

    910.

    Office of Management and Budget, "Statements of Administration Policy on Non-Appropriations and Appropriations Bills," May 2015July 2016, at https://www.whitehouse.gov/omb/legislative_sap_default.

    1011.

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

    1112.

    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.

    12These attempts during the George H.W. Bush Presidency are 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. This report considers instances where Congress has treated a disputed pocket veto like a regular veto to be a regular veto and includes them in the counts provided. For more information about the current state of the pocket veto, please contact the author of this report for a copy of a congressional distribution memo, "Asserted Use of the Pocket Veto During the George W. Bush and Barack Obama Administrations," by [author name scrubbed] and [author name scrubbed]. 13.

    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 individualsincreased the maximum dollar amount for which individual claims under that amount would be handled at an administrator's discretion. 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 current practice regarding private bills, see CRS Report RS22450, Procedural Analysis of Private Laws Enacted: 1986-20132015, by [author name scrubbed].

    1314.

    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].

    1415.

    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.

    1516.

    CRS Report RS20719, Vetoed Annual Appropriation Acts: Presidents Carter Through Clinton, by Mitchell SollenbergerRS22188, Regular Vetoes and Pocket Vetoes: In Brief, by [author name scrubbed]. This report has been archived and a copy can be made available upon request from the author of this report.