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
-- 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
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.