Barack Obama: Vetoed legislation

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Federal Issues
Executive powers Barack Obama: Vetoed legislation • Executive clemency and presidential pardons
Foreign affairs Iran nuclear agreement: U.S. withheld cash until hostages were released • Congressional investigation of CENTCOM’s intelligence reports on the Islamic State • Iran nuclear agreement: An overview • Bowe Bergdahl exchange • ISIS insurgency in Iraq and Syria • Terrorist attack on U.S. mission in Benghazi, 2012
Economy The Trans-Pacific Partnership trade deal: An overview • The Transatlantic Trade and Investment Partnership
Natural resources Keystone XL Pipeline political timeline
Healthcare Obamacare overview • Obamacare lawsuits
Immigration President Obama's Immigration Accountability Executive Actions
Abortion Republican effort to defund Planned Parenthood, 2015
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President Barack Obama (D)

President Barack Obama (D) issued 12 vetoes during his presidency. One of his vetoes was overridden by Congress.

Article I, Section 7 of the Constitution of the United States gives the president of the United States the ability to veto a bill passed by Congress. A veto prevents a bill from being enacted into law. A presidential veto can be overridden by a two-thirds vote in both the Senate and the House. When Congress overrides a veto, the bill becomes law without the president's approval.

A full list of Obama's vetoed legislation appears below.

HISTORICAL FACTS

President Franklin D. Roosevelt vetoed 635 bills, the most of any president.

Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

Obama’s vetoes

See also: U.S. presidents: Vetoed legislation

President Barack Obama issued the following vetoes:

• September 23, 2016: S 2040—the Justice Against Sponsors of Terrorism Act (JASTA)

• Overridden on September 28, 2016

• July 22, 2016: HR 1777—the Presidential Allowance Modernization Act of 2016

• June 8, 2016: HJ Res 88—Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary"

• January 19, 2016: SJ 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

• January 8, 2016: HR 3762—the Restoring Americans' Healthcare Freedom Reconciliation Act of 2015

• December 19, 2015: SJ Res 23—A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units"

• December 18, 2015: SJ Res 24—A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units"

• October 22, 2015: HR 1735—the National Defense Authorization Act for Fiscal Year 2016

• March 31, 2015: SJ Res 8—A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures

• February 24, 2015: S 1—the Keystone XL Pipeline Approval Act

• October 8, 2010: HR 3808—the Interstate Recognition of Notarizations Act of 2010

• December 30, 2009: HJ Res 64—Making further continuing appropriations for fiscal year 2010, and for other purposes

Obama's veto statements

S 2040 - the Justice Against Sponsors of Terrorism Act (JASTA)

On September 23, 2016, President Barack Obama vetoed S 2040—the Justice Against Sponsors of Terrorism Act (JASTA). The Senate voted 97-1 to override Obama's veto of the bill on September 28, 2016. Senate Minority Leader Harry Reid (D-Nev.) cast the only vote against overriding the veto. On the same day, the House voted 348-77 to override the veto, effectively making JASTA law. It was the first veto override of Obama's presidency.

Before the vote, Senator John Cornyn (R-Texas) said, “This is pretty much close to a miraculous occurrence because Democrats and Republicans, senators [and] House members have all agreed [on] the Justice Against Sponsors of Terrorism Act (JASTA), which give the victims of a terrorist attack on our won soil an opportunity to seek the justice they deserve."

The Justice Against Sponsors of Terrorism Act allowed victims of terror attacks to sue countries that supported terrorism, even if the country was not on a designated list of state sponsors of terrorism. The legislation specifically allowed the victims of the 9/11 terror attacks to sue Saudi Arabia. Fifteen of the 19 terrorists who carried out the September 11, 2001, attacks were Saudi nationals, but the Saudi government denied having anything to do with the attacks.

In a statement announcing his veto, Obama wrote, "I recognize that there is nothing that could ever erase the grief the 9/11 families have endured. My Administration therefore remains resolute in its commitment to assist these families in their pursuit of justice and do whatever we can to prevent another attack in the United States. Enacting JASTA into law, however, would neither protect Americans from terrorist attacks nor improve the effectiveness of our response to such attacks. As drafted, JASTA would allow private litigation against foreign governments in U.S. courts based on allegations that such foreign governments' actions abroad made them responsible for terrorism-related injuries on U.S. soil. This legislation would permit litigation against countries that have neither been designated by the executive branch as state sponsors of terrorism nor taken direct actions in the United States to carry out an attack here. The JASTA would be detrimental to U.S. national interests more broadly, which is why I am returning it without my approval."

White House’s response to the override of JASTA

After JASTA was overridden, White House press secretary Josh Earnest said, “I would venture to say that this is the single most embarrassing thing that the United States Senate has done, possibly, since 1983.”

According to The Hill, “Earnest was responding to a reporter who told him Wednesday’s vote was the most overwhelming since a 95-0 veto override vote in 1983. In that year, the Senate overrode President Ronald Reagan’s veto of a land bill to give a few acres to six retired couples who paid for it, but later learned that it was still government property because of a surveying error.”

Earnest accused members of Congress of not fully understanding the potential impact of JASTA. He said, “To have members of the United States Senate only recently informed of the negative impact of this bill on our service members and on our diplomats is in itself embarrassing. For those senators then to move forward on overriding the president’s veto that would prevent those negative consequences is an abdication of their basic responsibilities of representatives of the American people. Hopefully, these senators are going to have to answer their own conscience and their constituents as they account for their actions today.”

Congressional leadership's response to veto of JASTA

After the Senate and House vetoed the JASTA, Senate Majority Leader Mitch McConnell (R-Ky.) and House Speaker Paul Ryan (R-Wis.) said that they might consider changes to the bill after concerns were raised that other countries might pass similar laws that would make members of the military and U.S. diplomats open to lawsuits.

McConnell said, "I do think it's worth further discussions, but it was certainly not something that was going to be fixed this week."

Ryan said, "We want to make sure the 9/11 victims and their families have their day in court. At the same time, I would like to think that there may be some work to be done to protect our service members overseas from any kind of legal ensnarements that occur, any kind of retribution."

Additionally, twenty-eight senators sent a letter to Sens. John Cornyn (R-Texas) and Charles Schumer (D-N.Y.) asking them to consider amending the bill in the future. They wrote, "We would hope to work with you in a constructive manner to appropriately mitigate those unintended consequences."

HR 1777 - the Presidential Allowance Modernization Act of 2016

On July 22, 2016, Obama vetoed HR 1777—the Presidential Allowance Modernization Act of 2016. The legislation proposed amending the Former Presidents Act of 1958 by providing former presidents with an annual pension of $200,000 and an annual allowance of $200,000 a year for staff, office, and travel costs. In addition, it proposed reducing the amount of money a president receives if he earns more than $400,000 per year in income.

In a statement announcing his veto, Obama wrote, “I agree with H.R. 1777's goal of reforming the pensions and allowances provided to former Presidents so as to reduce unnecessary costs to taxpayers. But if implemented as drafted, the bill would have unintended consequences. It would impose onerous and unreasonable burdens on the offices of former Presidents, including by requiring the General Services Administration to immediately terminate salaries and benefits of office employees and to remove furnishings and equipment from offices. It would withdraw the General Services Administration's ability to administer leases and negatively impact operations, with unanticipated implications for the protection and security of former Presidents. My Administration will work with the authors of the bill and other leaders in the Congress, in consultation with the offices of former Presidents, to explore the best ways to achieve these goals going forward. If the Congress returns the bill having appropriately addressed these concerns, I will sign it. For now, I must veto the bill.”

A report from the Congressional Research Service found that the cost of maintaining the offices of former presidents ranges from $430,000 for former president Jimmy Carter to $1.1 million for former president George W. Bush.

HJ Res 88 - Department of Labor rule

On June 8, 2016, Obama vetoed HJ Res 88. The resolution proposed preventing the U.S. Department of Labor from implementing a rule that required retirement investment advisors to put their customer’s interests first when providing advice.

In a statement announcing his veto, Obama wrote, "This rule is critical to protecting Americans' hard-earned savings and preserving their retirement security. The outdated regulations in place before this rulemaking did not ensure that financial advisers act in their clients' best interests when giving retirement investment advice. Instead, some firms have incentivized advisers to steer clients into products that have higher fees and lower returns -- costing America's families an estimated $17 billion a year. The Department of Labor's final rule will ensure that American workers and retirees receive retirement advice that is in their best interest, better enabling them to protect and grow their savings. ... Because this resolution seeks to block the progress represented by this rule and deny retirement savers investment advice in their best interest, I cannot support it."

SJ Res 22 - EPA rule

On January 19, 2016, Obama vetoed SJ Res 22, a resolution that proposed nullifying an EPA rule "relating to the definition of 'waters of the United States' under the Clean Water Act." The rule proposed expanding the EPA's regulatory authority under the Clean Water Act, which mandated that the federal government oversee streams, wetlands, rivers, and lakes nationwide to limit water pollution.

In a statement announcing his veto, Obama wrote, "The rule, which is a product of extensive public involvement and years of work, is critical to our efforts to protect the Nation's waters and keep them clean; is responsive to calls for rulemaking from the Congress, industry, and community stakeholders; and is consistent with decisions of the United States Supreme Court. ... Because this resolution seeks to block the progress represented by this rule and deny businesses and communities the regulatory certainty and clarity needed to invest in projects that rely on clean water, I cannot support it."

HR 3762 - ACA repeal

On January 8, 2016, Obama vetoed HR 3762. In a statement, he outlined the "significant progress we have made in improving health care in America" since the passage of his signature healthcare law in 2010 and said that HR 3762 would undo much of that progress. He said, "This legislation would cost millions of hard-working middle-class families the security of affordable health coverage they deserve. Reliable health care coverage would no longer be a right for everyone: it would return to being a privilege for a few." He also warned that the bill, which proposed defunding Planned Parenthood, "would limit access to health care for men, women, and families across the Nation, and would disproportionately impact low-income individuals" who use the reproductive healthcare organization's services.

SJ Res 23 - EPA rule

On December 19, 2015, Obama vetoed SJ Res 23. In a statement, he said, "Because it would overturn carbon pollution standards that are critical to protecting against climate change and ensuring the health and well-being of our Nation, I cannot support the resolution."

SJ Res 24 - EPA rule

On December 18, 2015, Obama vetoed SJ Res 24. In a statement, he discussed the benefits of the Clean Power Plan and said, "Because the resolution would overturn the Clean Power Plan, which is critical to protecting against climate change and ensuring the health and well-being of our Nation, I cannot support it."

HR 1735 - NDAA

In a short ceremony on October 22, 2015, Obama vetoed HR 1735—the National Defense Authorization Act for Fiscal Year 2016—a $612 billion defense authorization bill. While issuing the fifth veto of his presidency, he said, "Unfortunately, it falls woefully short. I'm going to be sending it back to Congress, and my message to them is very simple: Let's do this right."

Obama vetoed the legislation, which was signed into law for 53 consecutive years, because it proposed increasing defense spending by using "a separate account for wartime operations that is immune to the spending limits." He wanted Congress to lift budget caps to increase domestic spending as well as defense spending. In addition, the bill would have prohibited him from closing the detention center at Guantanamo Bay, which he promised to do while he was campaigning for president in 2009.

SJ Res 8 - NLRB rule

On March 31, 2015, Obama issued his fourth veto on SJ Res 8. In a statement, he said that "S.J. Res. 8 would overturn the National Labor Relations Board’s recently issued 'representation case procedures' rule and block modest but overdue reforms to simplify and streamline private sector union elections. Accordingly, I am withholding my approval of this resolution."

S 1 - Keystone XL Pipeline

On February 24, 2015, Obama vetoed S 1—the Keystone XL Pipeline Approval Act. In a brief statement announcing the veto, he said, "Through this bill, the United States Congress attempts to circumvent longstanding and proven processes for determining whether or not building and operating a cross-border pipeline serves the national interest. ... And because this act of Congress conflicts with established executive branch procedures and cuts short thorough consideration of issues that could bear on our national interest -- including our security, safety, and environment -- it has earned my veto."

HR 3808 - Interstate Recognition of Notarizations Act

On October 8, 2010, Obama vetoed HR 3808—the Interstate Recognition of Notarizations Act of 2010. He issued the following statement along with the veto: "It is necessary to have further deliberations about the possible unintended impact of H.R. 3808, the 'Interstate Recognition of Notarizations Act of 2010,' on consumer protections, including those for mortgages, before the bill can be finalized. Accordingly, I am withholding my approval of this bill. ... The authors of this bill no doubt had the best intentions in mind when trying to remove impediments to interstate commerce. My Administration will work with them and other leaders in Congress to explore the best ways to achieve this goal going forward."

HJ Res 64 - Continuing Appropriations

On December 30, 2009, Obama vetoed HJ Res 64. In a statement, he said, "The enactment of H.R. 3326 (Department of Defense Appropriations Act, 2010, Public Law 111-118), which was signed into law on December 19, 2009, has rendered the enactment of H.J.Res. 64 (Continuing Appropriations, FY 2010) unnecessary. Accordingly, I am withholding my approval from the bill."

Presidential veto

Article I, Section 7 of the Constitution of the United States gives the president of the United States the ability to veto a bill passed by Congress. The president can issue a regular veto or a pocket veto.

• Regular veto: "The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within a 10 day period usually with a memorandum of disapproval or a 'veto message.' Congress can override the President’s decision if it musters the necessary two–thirds vote of each house."

• Pocket veto: "The pocket veto is an absolute veto that cannot be overridden. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority of the pocket veto is derived from the Constitution’s Article I, section 7, 'the Congress by their adjournment prevent its return, in which case, it shall not be law.'"

Article I, Section 7

According to Article I, Section 7 of the Constitution of the United States,

“

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. 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. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

”

See also

• U.S. presidents: Vetoed legislation
• Barack Obama
• George W. Bush
• Bill Clinton
• George H.W. Bush
• Ronald Reagan

External links

• Constitution of the United States
• Official White House website