[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 57. Veto of Bills]
[From the U.S. Government Publishing Office, www.gpo.gov]
CHAPTER 57
VETO PROCEDURE
HOUSE PRACTICE
Sec. 1. In General; Veto Messages
Sec. 2. House Action on Vetoed Bills
Sec. 3. --Consideration as Privileged
Sec. 4. --Motions in Order
Sec. 5. --Debate
Sec. 6. --Voting; Disposition of Bill
Sec. 7. Pocket Vetoes
Sec. 8. Line Item Veto Authority
Research References
U.S. Const. art. I Sec. 7
4 Hinds Sec. Sec. 3520-3552
7 Cannon Sec. Sec. 1094-1115
Deschler Ch 24 Sec. Sec. 17-23
Manual Sec. Sec. 104, 107-109, 112-114, 1130(6B)
Sec. 1 . In General; Veto Messages
Generally
The authority for the President to disapprove, or veto, a bill is
spelled out in article I, section 7 of the Constitution. The same
clause addresses the process by which Congress can override a veto and
enact a measure into law.
The President has a 10-day period in which to approve or
disapprove a bill. The President can sign the bill into law or return
it to the House of its origination with a veto message detailing why
the President chooses not to sign. If the President fails to give
approval by signing the bill during that period, the bill will become
law automatically, without a signature. However, in very limited
circumstances the President may, by withholding a signature, effect a
``pocket veto.'' If before the end of a 10-day signing period the
Congress adjourns sine die and thereby prevents the return of the
bill, the bill does not become law if the President has taken no
action regarding it. At this stage, the bill can become a law only if
the President signs it. Deschler Ch 24 Sec. 17. For a discussion of
pocket vetoes, see Sec. 7, infra.
The 10-day period given the President under the Constitution in
which to approve or reject a bill begins on the day after the bill is
presented to the President. The day on which the bill is presented to
the President is not counted in the computation, and Sundays also are
excluded. Deschler Ch 24 Sec. 17.1.
Under the usual practice, bills are considered to have been
``presented to the President'' when they are delivered to the White
House. However, bills delivered to the White House while the President
was abroad have been held by the White House, under arrangements
agreed to with the presenting House, for presentation to the President
upon return to the United States. Manual Sec. 105.
When the President exercises the veto authority, the enrollment is
returned with a sealed message setting forth the objections. An
enrolled measure returned to the Clerk of the House or the Secretary
of the Senate during a recess with a ``memorandum of disapproval''
setting forth the objections of the President has been treated by both
Houses as a return veto. 114-1, Apr. 30, 2015, p__; Manual
Sec. Sec. 107, 113.
Sec. 2 . House Action on Vetoed Bills
The Speaker lays a veto message before the House on the day it is
received. Deschler Ch 24 Sec. 20.1. It is then read and entered in the
Journal. Manual Sec. 108. The Speaker announces:
The objections of the President will be spread at large upon the
Journal and the message and bill will be printed as a House
document.
When the message is laid before the House, the question on passage
is considered as pending. No motion from the floor to reconsider the
bill is necessary. 7 Cannon Sec. Sec. 1097-1099. If the House does not
wish to proceed immediately to reconsider the bill, the motions to lay
on the table, to postpone consideration to a day certain, or to refer
to committee are available. See Sec. 4, infra. The House also may
agree, by unanimous consent, to postpone consideration of a veto
message to another day. 101-2, Jan. 23, 1990, p 5; 105-1, Nov. 13,
1997, p 26564; 111-2, Jan. 12, 2010, p 7. Under clause 4 of rule XVI,
and under the precedents, the motion for the previous question takes
precedence over a motion to postpone or to refer when a question is
under debate. However, where the Speaker has laid before the House a
veto message from the President but has not yet stated the question to
be on overriding the veto, that question is not ``under debate'' and
the motion for the previous question does not take precedence. Manual
Sec. 108. If the House wishes to proceed to the consideration of the
message and address the question of passing the bill over the
President's veto, it can defeat any preferential motion that is
offered and proceed to the main question.
If no preferential motion is offered, the Chair then states the
question as follows:
The pending question is whether the House will, on
reconsideration, pass the bill, the objections of the President to
the contrary notwithstanding.
Sec. 3 . --Consideration as Privileged
The consideration of a veto message from the President is a matter
of high privilege and may interrupt consideration of a pending matter
(such as a conference report) if the previous question has not been
ordered on that matter. 95-2, Oct. 5, 1978, p 33704. Although its
consideration may be postponed to a day certain, it remains highly
privileged and becomes the unfinished business on that day. Deschler
Ch 24 Sec. Sec. 22.1, 22.2. A vetoed bill may be laid on the table.
However, because it is still highly privileged, a motion to take it
from the table is in order at any time. Manual Sec. 108; 4 Hinds
Sec. 3550; 5 Hinds Sec. 5439; 7 Cannon Sec. 1105. If a veto message is
referred to committee, a motion to discharge the committee from
further consideration of the message also is highly privileged. 4
Hinds Sec. 3532.
A vetoed bill received in the House from the Senate is considered
as if received directly from the President and supersedes the regular
order of business. Manual Sec. 107; 4 Hinds Sec. 3537; 7 Cannon
Sec. 1109. The privilege accorded vetoed bills does not extend to a
bill reported in lieu of a vetoed bill. 4 Hinds Sec. 3531; 7 Cannon
Sec. 1103.
Although highly privileged, the consideration of a vetoed bill
yields to:
Unfinished business from the preceding day with the previous
question ordered. 8 Cannon Sec. 2693.
Certain matters being considered as questions privileged under
the Constitution, such as contested elections or impeachment. 5
Hinds Sec. 6642; 3 Hinds Sec. 2053.
A motion to adjourn. 4 Hinds Sec. 3523.
Sec. 4 . --Motions in Order
Generally
The mandate under article I, section 7 of the Constitution, that
the House ``shall . . . proceed to reconsider'' a vetoed bill, means
that the House considers it under the rules of the House, with the
ordinary motions under the House rules available. Manual Sec. 108. The
motions to lay the bill on the table, to postpone to a day certain,
and to refer take precedence in the order named over the question of
reconsideration of passage, the objections of the President to the
contrary notwithstanding, until the previous question is ordered. A
Member may not move the previous question on the question of
reconsideration where the Chair has not yet stated the question to be
pending on overriding the veto. Manual Sec. 108; see also 7 Cannon
Sec. 1105; Sec. 2, supra.
Postponement
Although the House often takes immediate action on a veto message
from the President, the consideration of the message may be postponed
to a day certain by unanimous consent, motion, or special order of
business. 4 Hinds Sec. Sec. 3542-3547; Deschler Ch 24 Sec. 21.9; 114-
2, Jan. 7, 2016, p__. Such a postponement is not in violation of the
constitutional requirement that the House ``shall . . . proceed to
reconsider'' a vetoed bill. Manual Sec. 108. The postponement has been
for as long as eight months and into the next session of the same
Congress. 99-1, Dec. 17, 1985, p 37477. The motion to postpone further
consideration of a veto message is debatable for one hour. Manual
Sec. 108.
When consideration of a veto message is postponed to a day
certain, it becomes unfinished business on that day, and its
consideration does not require a motion from the floor. Deschler Ch 24
Sec. 22.1. At that time, the veto message may be voted on, tabled,
referred to committee, or again postponed as the House determines.
Manual Sec. 108.
Referral to Committee
A veto message from the President may be referred to a committee
by unanimous consent or by motion. 4 Hinds Sec. 3550; Deschler Ch 24
Sec. 21.5. Such a referral is in order in the House even on a bill
that the Senate has already passed over the President's veto. 94-2,
Jan. 26, 1976, p 874.
A motion to refer a veto message to committee takes precedence
over the question of reconsideration. 7 Cannon Sec. 1100. However,
although the ordinary motion to refer may be applied to a vetoed bill,
the motion is not in order pending the demand for the previous
question or after it is ordered on the constitutional question of
reconsideration. 7 Cannon Sec. 1102.
Discharge of Committee
A motion to discharge a committee from the consideration of a
vetoed bill is privileged. 4 Hinds Sec. 3532. Under the modern
practice, such motion is debatable under the hour rule. Manual
Sec. 108. The motion is renewable every legislative day,
notwithstanding the tabling of a prior motion. 100-2, Aug. 10, 1988, p
21589. If a motion to discharge is agreed to, the veto message is
pending as unfinished business. Manual Sec. 108.
Amendability
A vetoed bill is not amendable in the House, nor in a committee
following referral. 4 Hinds Sec. 3551.
Sec. 5 . --Debate
Debate on the question of overriding the President's veto of a
bill is under the hour rule. Deschler Ch 24 Sec. 22.7. The previous
question may be moved by the manager at any time during the debate.
Deschler Ch 24 Sec. 22.9. The Chair normally recognizes the chair of
the committee or subcommittee that managed the bill to control the
debate on the veto message.
Sec. 6 . --Voting; Disposition of Bill
Under article I, section 7 of the Constitution, a vetoed bill
becomes law when it is reconsidered and passed by the requisite two-
thirds vote in each House. The two-thirds vote required to pass the
bill is two-thirds of the Members voting, a quorum being present, and
not two-thirds of the total membership of the House. 4 Hinds
Sec. Sec. 3537, 3538; 7 Cannon Sec. 1111. Article I, section 7,
further requires that the vote on passage of a bill over the
President's veto must be by the yeas and nays. Deschler Ch 24
Sec. 22.10.
The motion to reconsider is not in order on the vote on the
question of overriding a veto. 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.
When a vetoed House bill is reconsidered and passed in the House,
the House sends the bill and veto message to the Senate and informs
that body that it passed by the constitutional two-thirds vote. When
the House fails to pass a bill over the President's veto, the bill and
veto message are referred to committee, and the Senate is informed of
the action of the House. Deschler Ch 24 Sec. 23. For an instance where
the Senate tabled a veto message on a Senate measure and did not
notify the House thereof, see 114-1, May 5, 2015, p__.
Sec. 7 . Pocket Vetoes
Generally; Use After Final Adjournment
Under the Constitution, if the President neither signs nor returns
a bill within 10 days (Sundays excepted), it becomes law as if it had
been signed, unless Congress by its adjournment ``prevents its
return.'' U.S. Const. art. I, Sec. 7. The President is said to
``pocket veto'' a bill where no action is taken on the bill during the
10-day period and where the Congress adjourns sine die before the
expiration of that time in such a manner as to prevent the return of
the bill to the originating House. Manual Sec. 112; Deschler Ch 24
Sec. 18; The Pocket Veto Case, 279 U.S. 655, 680 (1929) (dicta).
A constitutional debate still lingers with respect to the
conditions under which the President may exercise the pocket veto
authority during other types of adjournment of a Congress. The
executive and legislative branches have sometimes held different
perspectives with respect to the conditions surrounding an adjournment
and their impact on the return of a bill disapproved by the President.
During Intersession Adjournments
The Supreme Court has held that the President's return of a bill
to the originating House was prevented when the Congress adjourned its
first session sine die fewer than 10 days after presenting the bill to
the President for approval. Because neither House was in session to
receive the bill, the President was prevented from returning it, and a
pocket veto was upheld. The Pocket Veto Case, 279 U.S. 655 (1929). A
more recent appellate court decision held that the return of a bill
during an adjournment between sessions was not prevented within the
meaning of the Constitution where the originating House had appointed
an agent for the receipt of Presidential veto messages. The decision
further stated that the validity of a pocket veto is governed not by
the type or length of adjournment but by whether the conditions of the
adjournment impede the actual return of the bill. Barnes v. Kline, 759
F.2d 21 (D.C. Cir. 1985), vacated as moot, Burke v. Barnes, 479 U.S.
361 (1987). As part of the concurrent resolution providing for the
sine die adjournment of the first session, the Congress has affirmed
its position that an intersession adjournment does not prevent the
return of a bill where the Clerk and the Secretary of the Senate are
authorized to receive messages during the adjournment. Manual
Sec. 113. Under clause 2(h) of rule II, the Clerk is authorized to
receive messages from the President at any time that the House is not
in session. Manual Sec. 652. On certain occasions, when the second
session of a Congress convenes, the House has asserted its right to
reconsider a bill returned with a Presidential ``memorandum of
disapproval'' received during the sine die adjournment that follows
the first session. Manual Sec. 113.
During Intrasession Adjournments
An adjournment of Congress during a session does not prevent the
President from returning a bill disapproved of, as long as appropriate
arrangements are made by the originating House for the receipt of
Presidential messages during the adjournment. Thus, it has been held
that a Senate bill cannot be pocket vetoed by the President during an
``intrasession'' adjournment of Congress for more than three days to a
day certain, where the Secretary of the Senate has been authorized to
receive Presidential messages during such adjournment. Kennedy v.
Sampson, 511 F.2d 430 (D.C. Cir. 1974); see also Kennedy v. Jones, 412
F. Supp. 353 (D.D.C. 1976). The Supreme Court has held that the
adjournment of the House of origin for a period not exceeding three
days while the other House of the Congress remained in session, does
not prevent the return of a vetoed bill to the House of origin. Wright
v. United States, 302 U.S. 583 (1938).
In one instance the House and Senate reconsidered and passed a
bill that was ostensibly pocket vetoed during an intrasession
adjournment. The Administrator of General Services at the Archives
(now Archivist), upon receiving instructions from the Department of
Justice, declined to promulgate the bill as public law on the day it
was received. The question as to the efficacy of the congressional
action in passing the bill over the President's veto was mooted when
the House and Senate passed an identical bill that was signed into
law. Manual Sec. 113.
``Protective Return''
Presidents have, on occasion, asserted the ability to employ what
is known as a ``protective return'' veto, whereby a bill is not
signed, but returned to Congress with a ``memorandum of disapproval,''
asserting pocket veto authority. In such instances, both Houses have
regarded the President's actual return of the measure without a
signature as a return veto and proceeded to reconsider the measure
over the President's objections. Manual Sec. 113.
For a joint letter from Speaker Foley and Minority Leader Michel
to the President, and a response thereto by Attorney General
Thornburg, on the use of pocket veto authority during an intrasession
adjournment, see 101-2, Jan. 23, 1990, p 3. For joint letters from
Speakers and Minority Leaders reiterating their predecessors' concerns
in this area, see 106-2, Sept. 19, 2000, p 18594; 106-2, Nov. 13,
2000, pp 26022, 26023; 110-2, Oct. 2, 2008, pp 23874, 23875; 111-2,
May 26, 2010, pp 9473, 9474 . For discussions of the constitutionality
of intersession or intrasession pocket vetoes, see Kennedy,
``Congress, The President, and The Pocket Veto,'' 63 Va. L. Rev. 355
(1977), Spitzer, ``The ``Protective Return'' Pocket Veto: President
Aggrandizement of Constitutional Power'' 31 Presidential Studies
Quarterly 720 (2001), and Hearing, Subcommittee on Legislative
Process, Committee on Rules, on H.R. 849, 101st Congress.
Sec. 8 . Line Item Veto Authority
The Line Item Veto Act (2 USC Sec. Sec. 691-691f) took effect on
January 1, 1997, and was ruled unconstitutional by the Supreme Court
in 1998. The Act gave the President the authority to cancel discrete
dollar amounts of discretionary budget authority, new direct spending,
and limited tax benefits contained in Acts sent for approval.
Cancellations were effective unless disapproved by law. Such
disapprovals could be enacted under the congressional review
procedures set forth in the Act. The President has exercised this
cancellation authority on a couple of occasions. See H. Doc. 105-147,
H. Doc. 105-115, and H. Doc. 105-116. In Clinton v. City of New York,
524 U.S. 417 (1998), the Supreme Court held that the cancellation
authority of the Line Item Veto Act violated the presentment clause of
article I, section 7 of the Constitution. Although the congressional
review procedures remain in the law, the Court decision makes it
unlikely that they will be invoked. See Manual Sec. 1130(6B).