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Regular Vetoes and Pocket Vetoes: In Brief (CRS Report for Congress)

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Release Date Revised July 18, 2019
Report Number RS22188
Report Type Report
Authors Meghan M. Stuessy, Analyst in Government Organization and Management
Source Agency Congressional Research Service
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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 2,572 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 10 bills since taking office in 2009. 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.”
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