A pocket veto is a passive form of presidential veto where the president chooses not to sign a bill while Congress is adjourned. Because Congress isn’t in session to receive the bill back, the legislation automatically expires and cannot become law.

When a bill is passed by both houses of Congress and presented to the president, the president has 10 days (excluding Sundays) to sign it into law or return it with objections (a regular veto). However, if Congress adjourns during that 10-day period, the president may simply allow the bill to expire. This inaction is considered a pocket veto, and the bill dies.

No, Congress cannot override a pocket veto, because if a pocket veto is executed, Congress is not in session to act. However, Congress can reintroduce the bill and restart the approval process.

The last unambiguous use of a recognized pocket veto was by Bill Clinton in December 2000. He allowed the “Bankruptcy Reform Act of 2000” to expire without his signature as Congress adjourned.