"I suggest to... authorize the Executive to approve of so much of any measure passing the two Houses of Congress as his judgement may dictate, without approving the whole, the disapproved portion or portions to be... referred back to the House in which the measure originated."

President Ulysses S. Grant
December 1, 1873

FREQUENTLY ASKED QUESTIONS REGARDING THE LINE ITEM VETO

How can a Member reverse a President's line item veto?

• Introduce a disapproval bill

-- Be sure it is in the proper form (it must include all cancellations from the President's special message)

- To qualify for expedited procedures, introduce it within 5 calendar days of session (days both the House and Senate are in session)

• Secure floor consideration

-- If the committee(s) of jurisdiction report(s) within 7 calendar days of session, a Member may move to bring the bill up on the floor after one day of layover

-- If the committee(s) of jurisdiction fail(s) to report within the 7 calendar days of session, a Member may announce his intention to move to discharge the committee(s) of jurisdiction. That announcement must occur at least one calendar day prior to the motion to discharge

• Amend the bill

-- The only amendments in order on the floor are those that seek to strike one or more reference numbers for cancellations from the bill

-- In order to offer an amendment, a Member must secure the support of 49 of his colleagues, a quorum being present

-- Members may seek to narrow the focus of the disapproval bill in order to isolate one provision and increase support for the bill's passage. (Determining how to use the amendment process is a strategic decision based on a calculation of how best to disapprove a cancellation of the provision you care most about)

• The House and Senate must agree on the same disapproval bill and send it to the President

• The President may sign the disapproval bill, allow it to become law without a signature or veto the disapproval bill

• If the bill is vetoed, the Congress must muster a vote of 2/3 of both Houses to override canceled provisions during this process

What happens to the canceled provision(s) during this process?

• The cancellation is effective upon receipt by Congress of the President's special message

• If a disapproval bill is enacted into law, the cancellation is null and void and the provision(s) that had been canceled take effect as of the date of enactment of the original law from which they were canceled

• If a disapproval bill is not enacted into law within the 30 calendar days of session provided for expedited Congressional consideration, the canceled provision remains canceled and ten days later the lockbox mechanism takes effect to ensure that the deficit reduction occurs

What does a Member's vote mean?

• A disapproval bill seeks to reverse the President's cancellation (s)

• Voting for a disapproval bill means you oppose the President's cancellation(s); it means you wish to spend the money or extend the limited tax benefit(s) affected by the cancellation(s)

• Voting against a disapproval bill means you support the President's cancellation(s) and wish to reduce the deficit by saving the money or denying the limited tax benefit(s) affected by the cancellation

• Voting for an amendment to a disapproval bill that strikes references to one or several cancellation(s) means that you agree with the President's cancellation of those specific programs referenced

What is the benefit of the expedited procedures?

• Congress may, at any time, pass a disapproval bill relating to a President's use of the line item veto authority However, because the cancellation(s) remain(s) in effect until a disapproval bill is enacted and because of the lockbox mechanism (which is necessary to ensure that the line item veto is used for deficit reduction), it makes sense to seek disapproval in an expedited manner

• In addition, the expedited procedures ensure that Congress has the ability to enact a disapproval bill in a timely manner, even though the bias in this process is tilted toward savings and deficit reduction.

KEY DEFINITIONS:

Expedited Procedures - Procedures which provide a special process for the accelerated

Congressional consideration of legislation. This accelerated process usually includes consideration in committee and on the Floor of the House and Senate. Furthermore, these procedures often involve a departure from the regular order of the House. Expedited procedures are provided by law, as opposed to by a special rule.

Amendments (Types of) - A proposal of a member of Congress to alter the text of a bill or another amendment. An amendment usually is voted on in the same manner as a bill.

Amendment in the Nature of a Substitute - An amendment which seeks to replace the entire text of an underlying bill. The adoption of such an amendment precludes any further amendment to that bill under the regular process.

Pro Forma Amendment - A motion whereby a member secures five minutes to speak on an amendment under debate in the Committee of the Whole. The Member gains recognition from the chair by moving to "strike the last word." The motion requires no vote, does not change the amendment under debate, and is deemed automatically withdrawn at the expiration of the five minutes of debate.

Substitute Amendment - An amendment which replaces the entire text of a pending amendment.

Upcoming in the month of April:

Advanced briefings on The Budget Process, The Appropriations Process, and Reading a Special Rule. Notices announcing the time and location of each briefing will be sent to your office.