Joe Biden: Vetoed legislation

President Joe Biden (D) has issued 12 vetoes during his presidency.

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 of Representatives. When Congress overrides a veto, the bill becomes law without the president's approval.

Click the following links to see legislation vetoed by Biden's predecessors:

• Donald Trump: Vetoed legislation
• Barack Obama: Vetoed legislation

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.

Biden’s vetoes

See also: U.S. presidents: Vetoed legislation

President Joe Biden has issued the following vetoes:

• May 31, 2024: H.J.Res.109 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Staff Accounting Bulletin No. 121".
• May 3, 2024: H.J.Res.98 - 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 "Standard for Determining Joint Employer Status".
• January 24, 2024: S.J.Res.38 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers".
• December 19, 2023: S.J.Res.32 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)".
• September 26, 2023: S.J.Res.24 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat".
• September 26, 2023: S.J.Res.9 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment".
• June 14, 2023: S.J.Res.11 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards".
• June 7, 2023: H.J.Res.45 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Waivers and Modifications of Federal Student Loans".
• May 25, 2023: H.J.Res.42 - Disapproving the action of the District of Columbia Council in approving the Comprehensive Policing and Justice Reform Amendment Act of 2022.
• May 16, 2023: H.J. Res.39 - Disapproving the rule submitted by the Department of Commerce relating to "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414".
• April 6, 2023: H.J. Res.27 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'".
• March 20, 2023: H.J.Res.30: Providing for congressional disapproval of the rule submitted by the Department of Labor relating to "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights"

Summary of Biden's vetoes

H.J.Res.109 - H.J.Res.109 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Staff Accounting Bulletin No. 121".

On May 31, 2024, President Joe Biden (D) vetoed H.J.Res.109 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Staff Accounting Bulletin No. 121".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified a Securities and Exchange Commission rule providing accounting and disclosure guidance for obligations to safeguard cryptoassets.

In his veto message, Biden said, "SAB 121 reflects considered technical SEC staff views regarding the accounting obligations of certain firms that safeguard crypto-assets. By virtue of invoking the Congressional Review Act, this Republican-led resolution would inappropriately constrain the SEC’s ability to set forth appropriate guardrails and address future issues. This reversal of the considered judgment of SEC staff in this way risks undercutting the SEC’s broader authorities regarding accounting practices. My Administration will not support measures that jeopardize the well-being of consumers and investors. Appropriate guardrails that protect consumers and investors are necessary to harness the potential benefits and opportunities of crypto-asset innovation."

U.S. Rep. Mike Flood (R-Neb.), who co-sponsored the resolution in the House, responded to the veto saying, "While President Biden’s veto is disappointing, it isn’t the last word on SAB 121. Digital assets and cryptocurrency are here to stay and are a critical part of America’s financial future. Banks have long been America’s most trusted custodians, and regulators should work with them so they can provide the same services for digital assets that they have to other asset classes for years. I will continue to work with my colleagues to find ways to end SAB 121 and push back on Chair Gensler’s anti-crypto agenda."

The Senate voted 60-38 to approve the resolution on May 16, 2024, with 11 Democrats, one Independent who caucuses with Democrats (Kyrsten Sinema), and 48 Republicans voting in favor. The House of Representatives voted 228-182 to approve the resolution on May 8, 2024, with 21 Democrats and 207 Republicans voting in favor. Rep. Flood introduced the resolution on February 1, 2024.

H.J.Res.98 - 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 "Standard for Determining Joint Employer Status".

On May 3, 2024, President Joe Biden (D) vetoed H.J.Res.98 - 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 "Standard for Determining Joint Employer Status".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified a U.S. Department of Labor rule establishing a new standard for determining whether two employers are simultaneously employing an employee.

In his veto message, Biden said, "The NLRB’s rule would prevent companies from evading their bargaining obligations or liability when they control a worker’s working condition — even if they reserve such control or exercise it indirectly through a subcontractor or other intermediary. [...] Without the NLRB’s rule, companies could more easily avoid liability simply by manipulating their corporate structure, like hiding behind subcontractors or staffing agencies. By hampering the NLRB’s efforts to promote the practice and procedure of collective bargaining, Republicans are siding with union-busting corporations over the needs of workers and their unions."

U.S. Rep. John James (R-Mich.), who co-sponsored the resolution in the House, said when proposing the legislation, "The Joe Biden joint employer rule is among the many weapons used by this administration to drive businesses and jobs overseas. I am proud to lead the effort in the House to introduce this resolution to overturn the hurtful joint employer rule. Michigan already struggles to attract new business, and people are fleeing our state in mass because the experiment of unleashing broken leftist policies against our businesses has not worked—no surprise. We should help small businesses grow, create good-paying jobs, and give people the opportunities to succeed. And overturning the Biden joint employer rule is a first step in the right direction."

The Senate voted 50-48 to approve the resolution on April 10, 2024, with one Democrat (Joe Manchin), two Independents who caucus with Democrats (Angus King and Kyrsten Sinema), and 47 Republicans voting in favor. The House of Representatives voted 206-177 to approve the resolution on January 12, 2024, with eight Democrats (Ami Bera, Ed Case, Lou Correa, Jim Costa, joe Courtney, Henry Cuellar, Donald Davis, and Scott Peters) and 198 Republicans voting in favor. Rep. James introduced the resolution on November 9, 2023.

S.J.Res.38 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers".

On January 24, 2024, President Joe Biden (D) vetoed S.J.Res.38 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have reversed a temporary Federal Highway Administration (FHWA) waiver making projects to construct electric vehicle chargers exempt from Buy America requirements for steel, iron, manufactured products, and construction materials. The FHWA's Buy America policy normally requires transit construction projects receiving federal aid to use domestically manufactured materials. The temporary waiver was set to be phased out by July 1, 2024.

In his veto message, Biden said, "This resolution would eliminate the domestic manufacturing standards for electric vehicle (EV) chargers funded by the FHWA, thereby harming domestic manufacturing and American jobs. If enacted, it would weaken Buy America requirements by reverting to FHWA’s general waiver for manufactured products, allowing Federal dollars –- including $7.5 billion from the Bipartisan Infrastructure Law –- to be spent on chargers made in competitor nations like the People’s Republic of China. Additionally, if enacted, this resolution would undermine the hundreds of millions of dollars that the private sector has already invested in domestic EV charging manufacturing, and chill further domestic investment in this critical market."

U.S. Sen. Marco Rubio (R-Fla.), who sponsored the resolution in the Senate, said when proposing the legislation, "Waiving the Buy America requirements on EV chargers won’t help American taxpayers or workers. It hurts American companies and empowers foreign adversaries, like China, to control our energy infrastructure. We should never use American dollars to subsidize Chinese-made products."

The Senate voted 50-48 to approve the resolution on November 8, 2023, with three Democrats (Sherrod Brown, Joe Manchin and Jon Tester), one Independent who caucuses with Democrats (Kyrsten Sinema), and 46 Republicans voting in favor. The House of Representatives voted 209-198 to approve the resolution on January 11, 2024, with two Democrats (Donald Davis and Jared Golden) and 207 Republicans voting in favor. Sen. Rubio introduced the resolution on July 26, 2023.

S.J.Res.32 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)".

On December 19, 2023, President Joe Biden (D) vetoed S.J.Res.32 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified a Consumer Financial Protection Bureau rule requiring financial institutions to collect and report small business credit application data to the bureau.

In his veto message, Biden said, "If enacted, this resolution would harm all those that stand to benefit from expanded transparency and accountability. By hampering efforts to promote transparency and accountability in small business lending, Republicans are siding with big banks and corporations over the needs of small business owners. Small businesses are the engines of our economy, and my Administration will not support policies that hurt their ability to thrive and grow."

U.S. Sen. John Kennedy (R-La.), who sponsored the resolution in the Senate, said when proposing the legislation, "By collecting and publishing personal demographic and other information, the CFPB is putting small business owners at risk of having their private financial affairs exposed to a watching world. Reporting these personal details is an invasion of privacy and a waste of resources aimed at furthering the woke agenda. The practical impact of this rule could hamstring lending to Main Street."

The Senate voted 53-44 to approve the resolution on October 18, 2023, with three Democrats (John Hickenlooper, Joe Manchin and Jon Tester), two Independents who caucus with Democrats (Angus King and Kyrsten Sinema), and 48 Republicans voting in favor. The House of Representatives voted 221-201 to approve the resolution on December 1, with six Democrats (Ed Case, Henry Cuellar, Jared Golden, Kathy Manning, Mary Peltola, and Marie Gluesenkamp Perez) and 215 Republicans voting in favor. Sen. Kennedy introduced the resolution on June 13.

S.J.Res.24 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat".

On September 26, 2023, President Joe Biden (D) vetoed S.J.Res.24 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified a U.S. Fish and Wildlife Service rule moving the northern long-eared bat from the threatened species list to the endangered species list.

In his veto message, Biden said, "S.J. Res. 24 would overturn a science-based rulemaking that follows the requirements of the law, and thereby undermines the ESA. Bats are critical to healthy, functioning ecosystems and contribute at least $3 billion annually to the United States agriculture economy through pest control and pollination. If enacted, S.J. Res. 24 would undermine America’s proud wildlife conservation traditions and risk extinction of the species."

U.S. Sen. Markwayne Mullin (R-Okla.), who sponsored the resolution in the Senate, said when proposing the legislation, "This decision will have serious consequences for ongoing infrastructure projects across the state. There is no reason to disproportionately increase regulatory burden and hinder economic development when this rule will not affect the primary cause of decline for the northern long-eared bat. I am strongly against one-size-fits-all regulation from Washington bureaucrats, and this is no different. We must stop this reclassification and ensure our state and other impacted states can continue efforts to protect this species without the heavy hand of the federal government getting in their way."

The Senate voted 51-49 to approve the resolution on May 11, 2023, with two Democrats (Amy Klobuchar and Joe Manchin) and 49 Republicans voting in favor. The House of Representatives voted 220-209 to approve the resolution on July 27, with two Democrats (Henry Cuellar and Jared Golden) and 218 Republicans voting in favor. Sen. Mullin introduced the resolution on March 30.

S.J.Res.9 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment".

On September 26, 2023, President Joe Biden (D) vetoed S.J.Res.9 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified a U.S. Fish and Wildlife Service rule adding the Northern Distinct Population Segment (southeastern Colorado, western Kansas, western Oklahoma, and the northeast Texas Panhandle) of lesser prairie-chicken population to the threatened species list and the Southern Distinct Population Segment of lesser prairie-chicken (eastern New Mexico and the southwest Texas Panhandle) to the endangered species list.

In his veto message, Biden said, "S.J. Res. 9 would overturn a science-based rulemaking that follows the requirements of the law, and thereby undermines the ESA. The lesser prairie-chicken serves as an indicator for healthy grasslands and prairies, making the species an important measure of the overall health of America’s grasslands. If enacted, S.J. Res. 9 would undermine America’s proud wildlife conservation traditions, risk the extinction of a once-abundant American bird, and create uncertainty for landowners and industries who have been working for years to forge the durable, locally led conservation strategies that this rule supports."

U.S. Sen. Roger Marshall (R-Kan.), who sponsored the resolution in the Senate, said after Biden's veto, "We shouldn’t be shocked at this continued attack from President Biden on rural America. Despite bipartisan support in both chambers of Congress, he continues to shut down our work to protect farmers and ranchers from more red tape and regulations on the Lesser Prairie Chicken – and on top of that, these folks back home have voluntarily conserved tens of millions of acres of potential habitat for the Lesser Prairie Chicken, which has had a rising population since 2014. Today’s actions show how out of touch Biden is with rural America and our successful conservation efforts."

The Senate voted 50-48 to approve the resolution on May 3, 2023, with one Democrat (Joe Manchin) and 49 Republicans voting in favor. The House of Representatives voted 221-206 to approve the resolution on July 27, with four Democrats and 217 Republicans voting in favor. Sen. Marshall introduced the resolution on February 7.

S.J.Res.11 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards".

On June 14, 2023, President Joe Biden (D) vetoed S.J.Res.11 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified an Environmental Protection Agency Rule related to emission standards for heavy-duty engines and vehicles.

In his veto message, Biden said, "The rule cuts pollution, boosts public health, and advances environmental justice in communities across the country. It will prevent hundreds, if not thousands, of premature deaths; thousands of childhood asthma cases; and millions of missed school days every year. [...] If enacted, the resolution would squander $36 billion in benefits to society — and an opportunity to lead on the defining crisis of our time."

U.S. Sen. Deb Fischer (R-Neb.), who sponsored the resolution in the Senate, said after Biden's veto, "Today, President Biden chose to prioritize his extreme environmental agenda over bipartisan pushback from Congress. This veto is more than just a slap in the face to truckers, who transport nearly every consumer good. Pushing this excessive regulation forward will also raise prices for families already grappling with inflation. I’ll continue to work with my colleagues on ways to push back against these devastating government mandates"

The Senate voted 50-49 to approve the resolution on April 26, 2023, with one Democrat (Joe Manchin) and 49 Republicans voting in favor. The House of Representatives voted 221-203 to approve the resolution on May 23, with four Democrats and 217 Republicans voting in favor. Sen. Fischer introduced the resolution on February 9.

H.J.Res.45 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Waivers and Modifications of Federal Student Loans".

On June 7, 2023, President Joe Biden (D) vetoed H.J.Res.45 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Waivers and Modifications of Federal Student Loans".

The bill was a joint resolution of disapproval under the Congressional Review Act of 1996. The resolution would have nullified the rule issued by the Department of Education on October 12, 2022, which suspended federal student loan payments.

In his veto message, Biden said, "The Department of Education’s action is based on decades-old authority, granted by the Congress. Multiple administrations over the last two decades have used this authority, following the same procedures as my Administration, to protect borrowers from the effects of national emergencies and military deployments. The Department of Education’s exercise of this authority has never previously been subject to the Congressional Review Act."

U.S. Rep. Bob Good (R-Va.), who sponsored the resolution in the House, said after its passage, "I am pleased that my Republican colleagues in the Senate supported Sen. Cassidy and my efforts to overturn President Biden’s unlawful and unfair student loan transfer scheme."

The House of Representatives voted 218-203 to approve the resolution on May 24, 2023, with two Democrats and 216 Republicans voting in favor. The Senate voted 52-46 to approve the resolution on June 1, with two Democrats, one Independent who caucuses with Democrats (Kyrsten Sinema), and 49 Republicans voting in favor. Rep. Good introduced the resolution on March 27.

H.J.Res.42 - Disapproving the action of the District of Columbia Council in approving the Comprehensive Policing and Justice Reform Amendment Act of 2022.

On May 25, 2023, President Joe Biden (D) vetoed H.J.Res.42 - Disapproving the action of the District of Columbia Council in approving the Comprehensive Policing and Justice Reform Amendment Act of 2022.

The bill was a joint resolution of disapproval under the terms of the District of Columbia Self-Government and Governmental Reorganization Act, also known as the Home Rule Act, which allows Congress to vote to nullify D.C. laws within a certain review period. The D.C. law this resolution sought to nullify was the Comprehensive Policing and Justice Reform Amendment Act of 2022, which "[set] forth a variety of measures that focus on policing in the District, including measures prohibiting the use of certain neck restraints by law enforcement officers, requiring additional procedures related to body-worn cameras, and expanding access to police disciplinary records."

In his veto message, Biden said, "While I do not support every provision of the Comprehensive Policing and Justice Reform Amendment Act of 2022, this resolution from congressional Republicans would overturn commonsense police reforms such as: banning chokeholds; setting important restrictions on use of force and deadly force; improving access to body-worn camera recordings; and requiring officer training on de-escalation and use of force. The Congress should respect the District of Columbia’s right to pass measures that improve public safety and public trust."

Sen. J.D. Vance (R-Ohio), who discharged the resolution on the Senate floor, argued in favor of passing the resolution, saying, "Congress must exert our constitutional authority to keep our nation’s capital safe. It’s a disgrace that the capital of the most powerful nation on earth has become so dangerous, but this sad reality is exactly what we should expect when far-left activists are calling the shots." After Biden vetoed the resolution, Vance said, "With today’s veto, President Biden rejected a bipartisan and commonsense effort to make our nation’s capital safer."

The House of Representatives voted 229-189 to approve the resolution on April 19, 2023, with 14 Democrats and 215 Republicans voting in favor. The Senate voted 56-43 to approve the resolution on May 16, with 6 Democrats, two Independents who caucus with Democrats, Sens. Angus King (I-Maine) and Kyrsten Sinema (I-Ariz.), and 48 Republicans voting in favor. The resolution was introduced by Rep. Andrew Clyde (R-Ga.) on March 9.

This was the second Home Rule Act resolution related to D.C. criminal law that made it to Biden's desk during the 118th Congress. The first was H.J.Res.26, which sought to nullify a D.C. law that would make "a variety of changes to DC criminal laws, including by providing statutory definitions for various elements of criminal offenses, modifying sentencing guidelines and penalties, and expanding the right to a jury trial for certain misdemeanor crimes." Biden signed the resolution into law on March 20, 2023, marking the fourth time the federal government had nullified a D.C. law under the terms of the Home Rule Act since its passage in 1973.

H.J.Res.39 - Disapproving the rule submitted by the Department of Commerce relating to "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414".

On May 16, 2023, President Joe Biden (D) vetoed H.J.Res.39 - Disapproving the rule submitted by the Department of Commerce relating to "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414".

The bill was a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) passed by the 118th Congress seeking to void a Department of Commerce rule titled Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414, which suspended some tariffs on solar panel imports.

In his veto message, Biden said, "I vetoed H.J. Res. 39 because we cannot afford to create new uncertainty for American businesses and workers in the solar industry. We can and must strengthen our energy security by maintaining our focus on expanding U.S. capacity that is ready to come on line as this temporary bridge concludes in June 2024."

Rep. Dan Kildee (R-Mich.), a sponsor of H.J. Res. 39, responded to Biden's veto, saying, "Our workers and businesses will never be able to compete globally unless we hold those who violate U.S. trade laws accountable. The Biden administration found, in its own investigation, that Chinese companies are violating the law. Yet the president’s position, and today’s veto, fails to hold China accountable and hurts American workers."

The House of Representatives voted 221-202 to approve the resolution on April 28, 2023, with 12 Democrats and 209 Republicans voting in favor. The Senate voted 56-41 to approve the resolution on May 3, with 8 Democrats and 48 Republicans voting in favor. The resolution was introduced by Reps. Bill Posey (R-Fla.) and Kildee on March 7.

H.J.Res.27 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'".

On April 6, 2023, President Joe Biden (D) vetoed H.J. Res.27 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'".

The bill was a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) passed by the 118th Congress seeking to void the 2023 Revised Definition of "Waters of the United States" rule, which specified "which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction and protected."

In his veto message, Biden said, "The increased uncertainty caused by H.J. Res. 27 would threaten economic growth, including for agriculture, local economies, and downstream communities. [...] The resolution would also negatively affect tens of millions of United States households that depend on healthy wetlands and streams."

House Speaker Kevin McCarthy responded to Biden's veto, saying, "President Biden’s overreaching WOTUS [waters of the United States] rule jeopardizes the livelihoods of American farmers and small businesses. Government should make it easier to work and thrive in America, not harder."

The House of Representatives voted 227-198 to approve the resolution on March 9, 2023, with 9 Democrats and 218 Republicans voting in favor. The Senate voted 53-43 to approve the resolution on March 29, with Sen. Kyrsten Sinema (I-Ariz.), Democratic Sens. Catherine Cortez Masto (D-Nev.), Joe Manchin (D-W.Va.), Jacky Rosen (D-Nev.), Jon Tester (D-Mont.), and 48 Republicans voting in favor. The resolution was introduced by Rep. Sam Graves (R-Mo.) on February 2.

H.J.Res.30: Providing for congressional disapproval of the rule submitted by the Department of Labor relating to "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights"

On March 20, 2023, President Joe Biden (D) vetoed H.J.Res.30: Providing for congressional disapproval of the rule submitted by the Department of Labor relating to "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights".

The bill was a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) passed by the 118th Congress seeking to void a Department of Labor rule that amended the Employee Retirement Income Security Act of 1974 (ERISA) to allow retirement plans to consider certain environmental, social, and corporate governance (ESG) factors in investment-related decisions.

In his veto message, Biden said, "The Department of Labor’s final rule protects the hard‑earned life savings and pensions of tens of millions of workers and retirees across the country." He went on to say that, "There is extensive evidence showing that environmental, social, and governance factors can have a material impact on markets, industries, and businesses. But the Republican-led resolution would force retirement managers to ignore these relevant risk factors, disregarding the principles of free markets and jeopardizing the life savings of working families and retirees."

House Speaker Kevin McCarthy (R-Calif.) responded to Biden's veto, saying, "President Biden’s first veto is against a bipartisan bill that protects retirement savings from political interference. It is clear that President Biden wants Wall Street to use your hard-earned money not to grow your savings, but to fund a far-left political agenda. That will hurt seniors and workers, especially after President Biden’s reckless spending caused record inflation and rapid interest rate hikes."

The House of Representatives voted 216-204 to approve the resolution on February 28, 2023, with 215 Republicans and one Democrat, Rep. Jared Golden (D-Maine), voting yes. The Senate voted 50-46 to approve the resolution on March 1, with 48 Republicans and two Democrats, Sens. Joe Manchin (D-W.Va.) and Jon Tester (D-Mont.), voting yes. The resolution was introduced by Rep. Andy Barr (R-Ky.) on February 7, under the full title "Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to 'Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights'".

Congressional Review Act

See also: Congressional Review Act and Uses of the Congressional Review Act during the Biden administration

Usage of the CRA under the Biden administration

President Joe Biden (D) on June 30, 2021, signed three CRA resolutions into law, bringing the total number of rules repealed to 20. The CRA resolutions blocked the following three rules:

• "Update of Commission's Conciliation Procedures" issued by the Equal Employment Opportunity Commission
• "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review" issued by the Environmental Protection Agency
• "National Banks and Federal Savings Associations as Lenders" issued by the Office of the Comptroller of the Currency

Biden as of May 2024 had vetoed 11 CRA resolutions aiming to block the following rules:

• "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights" rule issued by the U.S. Department of Labor (vetoed on March 20, 2023).
• "Revised Definition of 'Waters of the United States'" rule issued by the Environmental Protection Agency and the Army Corps of Engineers (vetoed on April 6, 2023).
• "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414" rule issued by the International Trade Commission (vetoed on May 16, 2023).
• "Federal Student Aid Programs (Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program)" rule issued by the Department of Education (vetoed June 7, 2023).
• "Control for Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards" rule issued by the Environmental Protection Agency (vetoed June 14, 2023)
• "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment" rule issued by the Fish and Wildlife Service (vetoed on September 26, 2023).
• "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat" rule issued by the Fish and Wildlife Service (vetoed on September 26, 2023).
• "Small Business Lending under the Equal Credit Opportunity Act (Regulation B)" rule issued by the Consumer Financial Protection Bureau (vetoed on December 19, 2023).
• "Waiver of Buy America Requirements for Electric Vehicle Chargers" rule issued by the Federal Highway Administration (vetoed on January 24, 2024).
• "Standard for Determining Joint Employer Status" rule issued by the National Labor Relations Board (vetoed on May 3, 2024).
• "Staff Accounting Bulletin No. 121" rule issued by the Securities and Exchange Commission (vetoed on May 31, 2024).

Overview

Under the Congressional Review Act, a new final rule may be invalidated by a joint resolution of disapproval passed by Congress and signed by the president. The resolution also prevents the agency from issuing a similar rule in the future unless authorized by new legislation, and it bars judicial review—meaning that a resolution of disapproval cannot be challenged in federal court. The law requires agencies to submit new and interim final rules to both houses of Congress and the Government Accountability Office (GAO) in order to take effect. The submission should include (1) a copy of the rule; (2) a general description; (3) the proposed effective date; and (4) cost-benefit and other analyses required by the Paperwork Reduction Act and the Administrative Procedure Act.

The CRA, according to an overview published by the Congressional Research Service (CRS), "adopts the broadest definition of rule contained in the Administrative Procedure Act (APA)," which includes agency actions such as notices and guidance documents, in addition to final rules.

Joint resolution of disapproval

Illustration of the CRA lookback window from George Washington University's Regulatory Studies Center

Members of Congress may introduce a CRA resolution of disapproval within 60 days of a new rule notification by an agency. That time period is counted as 60 working days of a single session. If a rule is issued and submitted to Congress with less than 60 working days left in the congressional session, the next session of Congress is given time to introduce a resolution of disapproval. In this case, rules are treated as if introduced on the 15th day of the new congressional session, giving Congress a lookback window to consider CRA resolutions of disapproval against regulations put in place near the end of the previous administration. The CRA incorporates the definition of “rule” used in the Administrative Procedure Act which, in addition to regulations, includes guidance documents and policy memoranda.

In the Senate, the CRA provides a process for Senate bills to circumvent two obstacles— committee passage and voting— if the chamber acts upon the resolution of disapproval within 60 days of the agency notifying Congress of the rule:

• If a Senate committee has not reported a resolution of disapproval after 20 calendar days, 30 senators can sign a petition to discharge the resolution from the committee and place it on the Senate calendar.
• Once on the Senate Calendar, it is not subject to amendments, motions to postpone, or motions to proceed to other business. The debate on a resolution is limited to 10 hours, though it can be further limited. Resolutions must be voted on immediately following their debate.

In the House, the resolution is often considered under a closed special rule reported by the Rules Committee, according to the Congressional Research Service. All votes under a CRA resolution are simple majority votes. As with other legislation, Congress may override a presidential veto of a CRA resolution by a two-thirds vote of members.

If a resolution of disapproval passes, the targeted rule does not take effect. If the rule is already in effect, the resolution blocks enforcement, and the agency must act as though the rule never took effect.

The CRA does not apply to rules governing agency procedures, management, and personnel. A CRA resolution cannot invalidate parts of a rule or more than one rule at a time.

Review of major rules

See also: Major rule

The CRA includes two additional provisions for rules that are designated as major—that is, rules expected to cost the private sector at least $100 million annually or that have significant impacts on employment, investment, competition or prices:

• First, the comptroller general at GAO is required to submit an assessment of the rule to the congressional committees of jurisdiction within 15 calendar days of the rule's submission or its publication in the Federal Register.

• Second, Congress may delay a major rule from taking effect in order to have more time to consider the rule beyond the standard 60 days under the CRA.

The law gives the administrator of the Office of Information and Regulatory Affairs (OIRA) the responsibility for determining whether a new rule is major.

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
• Donald Trump
• Barack Obama
• George W. Bush
• Bill Clinton
• George H.W. Bush
• Ronald Reagan

External links

• Constitution of the United States
• Official White House website