[House Prints, 105th Congress]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
THE USE AND APPLICATION OF THE LINE ITEM VETO
__________
HOUSE COMMITTEE ON RULES
JANUARY 2, 1997
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington,
D.C. 20402
Regarding the veto power . . .
``But the power in question has a further use. It not only
serves as a shield to the executive, but it furnishes an
additional security against the enaction of improper laws. It
establishes a salutary check upon the legislative body,
calculated to guard the community against the effects of
faction, precipitancy, or of any impulse unfriendly to the
public good, which may happen to influence a majority of that
body . . . The primary inducement to conferring the power in
question upon the executive is to enable him to defend himself;
the secondary one is to increase the chances in favor of the
community against the passing of bad laws, through haste,
inadvertence, or design. The oftener the measure is brought
under examination, the greater the diversity in the situations
of those who are to examine it, the less must be the danger of
those errors which flow from want of due deliberation, or of
those missteps which proceed from the contagion of some common
passion or interest.''
Alexander Hamilton,
Spring of 1788,
The Federalist Papers,
Number 73
C O N T E N T S
________
Page
I. Introduction............................................... 1
II. Requirements For Use of the Line Item Veto................. 2
A. Targets of the Line Item Veto are carefully defined... 2
B. The President must first sign the legislation......... 4
C. There is a time limit................................. 4
D. The President's special message must contain certain
information.......................................... 4
E. A cancellation is effective unless disapproved........ 5
F. Savings from cancellations must be used for deficit
reduction............................................ 5
III. The Congressional Response................................. 5
A. Congressional referral of the President's special
message.............................................. 6
B. The format of a disapproval bill is specified......... 6
C. There are restrictions on the use of the expedited
procedures........................................... 9
D. Consideration in the House............................ 9
1. Introducing a disapproval bill.................... 10
2. Committee referral and consideration.............. 10
3. Obtaining House floor consideration............... 10
4. House floor consideration......................... 11
5. Amending the disapproval bill..................... 11
6. Voting on a disapproval bill...................... 15
E. Consideration in the Senate........................... 15
F. A conference report on a disapproval bill............. 15
G. Consideration of a Presidential veto of a disapproval
bill................................................. 16
IV. Checklist For Congressional Response in the House.......... 16
Figure 3: Chart of Congressional Consideration of a Disapproval
Bill........................................................... 18
Table 1: Explanations of Steps of Congressional Consideration.... 20
I. Introduction
On April 9, 1996, President Clinton signed into law the
Line Item Veto Act of 1996. Public Law 104-130 delegates to the
President carefully defined authority to cancel dollar amounts
of discretionary spending, items of new direct spending, and
limited tax benefits. Its provisions take effect on January 1,
1997, and sunset on December 31, 2004.
The Line Item Veto Act establishes clear boundaries and
requirements for the use of this new authority by the
President. It also outlines expedited legislative procedures
for congressional action to disapprove the President's line
item veto.
The Budget and Impoundment Control Act of 1974 already
delegates authority to the President to rescind appropriated
funds with congressional approval. The Line Item Veto Act
establishes a new Part C under Title X which supplements the
existing rescission authority (Part B of Title X) with this new
cancellation authority. The existing rescission authority is
based on an approval model while the new line item veto
authority is based on a disapproval model.
The basic premises behind the Line Item Veto Act are fairly
well understood: (1) to help reduce the federal deficit by
providing the President with the authority to cancel specific
spending and tax provisions within a large bill he has signed
into law; and (2) to shift the bias in the legislative process
away from spending and toward saving by requiring congressional
disapproval in order to nullify a President's line item veto.
The concept of the line item veto has long been supported by a
majority of the American people.
Despite the clarity of purpose behind the line item veto,
the mechanics of its implementation are of necessity somewhat
more complicated and are, therefore, less well understood. The
federal budget process is highly technical and involves a
delicate balance between the executive and legislative branches
of government. Much care was taken to ensure that the line item
veto is properly integrated into that process and does not
unduly upset that balance.
In addition, while 43 state governors have used some form
of the line item veto, it has never before been used at the
federal level. As a result, Members of Congress, Administration
officials, and the public will all be traveling on new ground
as this important budgetary tool takes effect.
The House Rules Committee played a significant role in
crafting the Line Item Veto Act, exercising its original
jurisdiction throughout the process of House passage and
conference with the Senate. In addition, the Committee intends
to provide ongoing oversight over the application of the line
item veto authority. The Committee presents this document as a
guide to the use and application of the line item veto, with a
particular focus on the procedural requirements of Public Law
104-130. This document addresses the basic questions pertaining
to the operation of the line item veto and is not intended to
be an exhaustive analysis of all possible issues raised by the
new law.
II. Requirements For Use of the Line Item Veto
A. Targets of the line item veto are carefully defined
The line item veto authority may only be used to cancel, in
whole: (1) dollar amounts of discretionary budget authority;
(2) items of new direct spending; and (3) limited tax benefits.
Each of these terms is expressly defined by the Line Item Veto
Act. The line item veto authority is only applicable to laws
that contain one or more provisions falling within the
definition of the three terms. In order to prevent an endless
loop, the President may not use the line item veto authority on
any law disapproving a President's cancellation(s).
Dollar Amount of Discretionary Budget Authority
In defining ``dollar amount of discretionary budget
authority'', the Line Item Veto Act allows the President to
cancel the entire dollar amount of budget authority specified
in an appropriation law or required to be made available by a
specific proviso in an appropriation law if a specific dollar
amount is not included. For example, in the appropriation law
that includes funding for the Army Corps of Engineers, the
statute might require that $1 billion be spent on a dredging
project. Alternatively, the statute might require that a
particular dredging project be completed without specifying the
dollar amount necessary. Under the Line Item Veto Act, the
President could cancel the entire funding for the project in
either case.
The President may also cancel an entire dollar amount of
budget authority represented separately in any table, chart or
explanatory text in the statement of managers accompanying the
conference report on an appropriation law. If the statement of
managers incorporates by reference a table, chart or an
explanatory text in a related House or Senate report, the
President may cancel an entire dollar amount detailed in such a
chart, table or text in that ``governing report''.
In addition, the President may cancel the entire dollar
amount of budget authority required to be made available for a
specific program, project or activity in a law other than an
appropriation law. For example, if a Coast Guard authorization
law specifically requires the purchase of a new particular type
of cutter and the subsequent appropriation law includes a lump
sum of funding for the purchase of all new Coast Guard cutters,
then the President may cancel from that appropriation law the
dollar amount necessary to purchase the particular cutter that
was previously mandated to be purchased. In other words, the
President may ``look through'' an appropriation law to an
underlying statute in the case where that statute requires that
funding for a specific program, project or activity be made
available.
The President may also cancel the entire dollar amount of
budget authority specified by a provision in an appropriation
law that requires the procurement of a specified number of
items at a certain cost. In calculating this amount, the
President must estimate the cost of one such item and multiply
it by the number of items specified. For instance, an
appropriation law may include $10 billion for the purchase of a
certain type of plane. If so, the President may cancel the
entire dollar amount for those planes. If the law specifies no
dollar amount but requires the purchase of ten such planes,
then the President may also cancel the dollar amount necessary
to carry out that provision.
The express intent of this definition is to provide the
President the ability to cancel entire dollar amounts, even if
not specified as a dollar amount in the appropriation law
itself, as long as the dollar amount can be clearly identified.
The definition of ``dollar amount of discretionary budget
authority'' specifically excludes any restriction, condition or
limitation in an appropriation law or the accompanying
statement of managers. The cancellation authority may not be
used to change, alter, modify, or terminate any policy included
in the law by Congress, other than by canceling a dollar amount
in order to reduce the federal deficit. Specific examples of
what qualifies as a dollar amount of discretionary budget
authority can be found on pages 30-36 of the conference report
on S. 4, the Line Item Veto Act (H. Rept. 104-491).
Item of New Direct Spending
In defining ``item of new direct spending'', the Line Item
Veto Act provides the President with the authority to cancel
budget authority provided by law (other than an appropriation
law), new entitlement authority, and changes in the food stamp
program. The President may only cancel a provision of law that
results in an increase in spending relative to the baseline.
This does not mean that legislation must result in a net
increase in spending in order to be subject to the cancellation
authority. A provision of law that increases direct spending
would be subject to the line item veto regardless of whether or
not it is offset by another provision that reduces direct
spending or increases revenues in the same law. The President
may not seek to cancel a provision that does not lead to an
increase in direct spending nor may he apply the line item veto
to previously enacted laws. This primarily applies in cases
where Congress is expanding an existing entitlement or creating
a new one.
Limited Tax Benefit
The Line Item Veto Act defines the term ``limited tax
benefit'' as any revenue losing provision amending the Internal
Revenue Code that provides in any fiscal year a Federal tax
deduction, credit, exclusion or preference to 100 or fewer
beneficiaries or a provision that provides transitional relief
to 10 or fewer beneficiaries. In addition, the definition is
further narrowed by listing certain instances in which a
provision shall not be treated as a limited tax benefit.
Further, the Line Item Veto Act directs the Joint Committee on
Taxation (JCT) to prepare a statement in which the JCT will
apply the definition of ``limited tax benefit'' to qualifying
provisions in tax and reconciliation bills. The Act further
provides that, if a committee on conference on a revenue or
reconciliation bill includes the statement of the JCT in the
bill, then the President may only use the line item veto
authority to cancel provisions that have been identified by the
JCT as limited tax benefits. If the committee on conference
does not include the JCT statement in the bill sent to the
President, then the President may use the line item veto
authority to cancel any provision which meets the definition of
a limited tax benefit. In this way, the Line Item Veto Act
addresses the issue of who makes the judgment call about what
is and what is not a limited tax benefit subject to the line
item veto. The JCT has developed a committee staff report
further detailing what constitutes a limited tax benefit and
the role of the JCT in the determination process.
B. The President must first sign the legislation
As prescribed by Article I, section 7 of the Constitution,
the President may sign or veto legislation or allow it to
become law without his signature.
If the President wishes to use the line item veto authority
to cancel a spending or tax provision from a law, he must first
sign the legislation. The line item veto authority is not
available to the President for use on legislation that he
allows to become law without his signature or on legislation
that becomes law over his veto.
C. There is a time limit
The Constitution grants the President 10 days (excluding
Sundays) in which to sign or veto legislation.
Use of the line item veto is only available to the
President within 5 days of his signature of legislation
(excluding Sundays). If the President chooses to use the line
item veto authority, he must send a special message to both
Houses of Congress within that 5-day period.
D. The President's special message must contain certain information
The President is required to send Congress a separate
special message for each law from which he seeks to cancel
provisions using the line item veto authority. That special
message must include:
a list, with reference numbers, of each
dollar amount of discretionary budget authority, item
of new direct spending, or limited tax benefit he seeks
to cancel;
determinations that the cancellations will
reduce the federal budget deficit, not impair any
essential government functions, and not harm the
national interest;
the reasons for the cancellation(s);
the estimated fiscal, economic, and
budgetary impact of the cancellations, to the maximum
extent practicable;
all facts, circumstances and considerations
relating to the cancellation and, to the maximum extent
practicable, the estimated effect of the cancellation
upon the objects, purposes, and programs for which the
canceled authority was originally provided;
the adjustments that will be made to the
discretionary spending limits and an evaluation of the
effects of those adjustments on sequestration
procedures;
if applicable, any account, department, or
establishment and the specific project for which the
canceled budget authority was originally provided;
if applicable, the specific states and
Congressional districts affected by the cancellation;
and
if applicable, the total number of
cancellations imposed during the current session of
Congress impacting the states and Congressional
districts affected.
E. A cancellation is effective unless disapproved
Once the Congress has received the President's special
message, the cancellation(s) takes effect. The cancellation
remains in effect unless a disapproval bill is enacted into
law. If a disapproval bill is enacted into law, the
cancellation is nullified, making the dollar amount of
discretionary budget authority, item of new direct spending, or
limited tax benefit effective as of the date of enactment of
the original law from which the cancellation was made.
F. Savings from cancellations must be used for deficit reduction
The Line Item Veto Act requires the Office of Management
and Budget (OMB) to make adjustments to the discretionary
spending limits for budget authority and outlays to reflect
cancellations of dollar amounts of discretionary budget
authority. These adjustments of the spending caps are ``locked-
in'' ten days after the end of the period provided for the
expedited congressional consideration of a disapproval bill,
unless a disapproval bill has been enacted into law within that
time. This type of ``lockbox'' mechanism ensures that savings--
both budget authority and related outlay reductions--from a
cancellation may not be used to fund any other program. If the
cancellation(s) is not disapproved within the specified time
period, the funds are locked away for deficit reduction. If the
cancellation(s) is disapproved, the lockboxed funds are
available for expenditure.
For cancellations of items of new direct spending and
limited tax benefits, the Line Item Veto Act requires OMB to
include a calculation of the deficit decrease resulting from
such cancellations in its required periodic sequestration
reports. The decreases are not, however, reflected on the PAYGO
scorecard (a running account of new revenues and entitlement
spending in a fiscal year). In this way, deficit reduction
attributed to the cancellations may not be used to offset
deficit increases attributable to other actions.
These deficit reduction or ``lockbox'' procedures are
incorporated into the existing procedures governing
discretionary spending limits and pay-as-you-go requirements
under the Balanced Budget and Emergency Deficit Control Act.
III. The Congressional Response
While the President is delegated this new, limited
authority, Congress has also created a specific process to
review the President's actions. The Line Item Veto Act
establishes certain expedited procedures for congressional
consideration of the items canceled by the President. Expedited
procedures provide a special process for accelerated
congressional consideration of legislation. Congress has
enacted expedited procedures for the consideration of
disapproval bills in the past--for example, in the War Powers
Resolution, the Trade Act of 1974 and the Arms Control and
Disarmament Act. Consequently, there is precedent for the
expedited procedures contained in the Line Item Veto Act.
In order for the President's cancellation to be overturned,
one of three things must occur: either, (1) a bill disapproving
the President's cancellation must be signed into law; (2) a
bill disapproving the President's cancellations must become law
without the President's signature; or (3) a veto of such a bill
must be overridden by the constitutionally required two-thirds
majority of both Houses of Congress.
A. Congressional referral of the President's special message
When Congress receives a special message, that message is
referred to the Budget Committees of both Houses and the
relevant authorizing or appropriating committees of each House.
The special message is also required to be printed as a
document of the House of Representatives and printed in the
Federal Register for public availability.
B. The format of a disapproval bill is specified
In order to qualify as a disapproval bill that is subject
to the expedited procedures under the Line Item Veto Act, a
bill disapproving the President's cancellations must be drafted
in a specified manner. Restrictions also are placed on what may
be included in a disapproval bill in order to minimize any
abuse of the expedited procedures granted these bills. A
disapproval bill must be drafted according to the following
structural example:
A disapproval bill must contain the exact title and
legislative language (lines 1-4) as in the example and cannot
include anything else in order to qualify as a disapproval bill
eligible for the expedited procedures. The statute limits the
use of the expedited procedures to only those bills which
disapprove any or all of the President's cancellations. This
helps to ensure that matters outside the scope of the
cancellations are not added to a disapproval bill and that the
expedited process granted such disapproval bills is not subject
to abuse or expansion. The lettered blank spaces refer to
specific details regarding the particular special message by
the President. The details are to be filled in the following
manner.
Blank space (A) must be filled in with the date of the
transmission of the relevant special message of the President
and the public law to which the message relates. This is to
ensure that the disapproval bill's title refers to a particular
special message of the President and a particular public law.
Blank space (B) is where the sponsor and any cosponsors of
the disapproval bill are listed. This is the same as current
practice for all other bills introduced in the House.
Blank space (C) is where the committee or committees of
jurisdiction to which the disapproval bill is referred are
listed. This also follows the normal process. The committee is
not specified in this example disapproval bill in order to
demonstrate that a disapproval bill may often be referred to
more than one committee depending on the subject matter of the
cancellation. This referral process is discussed further in the
section below entitled ``committee referral and
consideration.''
Blank space (D) must be filled in with a list by reference
number of one or more cancellations contained in the
President's special message as referenced in the title of the
disapproval bill. In the House, in order to qualify for the
expedited procedures, a disapproval bill must contain a list by
reference number of all of the cancellations contained in the
President's special message. That list may be altered on the
floor of the House during consideration, but in order to
qualify for the expedited procedures, a House disapproval bill
when introduced must disapprove each of the President's
cancellations. In the Senate, a disapproval bill may qualify
for the expedited procedures even if it does not disapprove
upon introduction every one of the President's cancellations.
Blank space (E) must be filled in with the appropriate date
of the transmission of the President's special message. This is
similar to the requirements for inclusion of the date of
transmission in the title of the disapproval bill.
Blank space (F) must be filled in with the public law
number to which the special message relates. Again this is
similar to the requirements for the title.
Furthermore, in order to qualify as a disapproval bill as
defined by the Line Item Veto Act, the bill must only
disapprove one or more Presidential cancellations of dollar
amounts of discretionary budget authority, items of new direct
spending or limited tax benefits contained in a special message
by the President.
C. There are restrictions on the use of the expedited procedures
Congress has thirty calendar days of session in which to
consider a disapproval bill under the expedited procedures. A
``calendar day of session'' is defined as only those days on
which both the House and the Senate are in session. This
definition excludes periods of recess and adjournment by either
House. It is assumed that Congress will want to act quickly to
consider a disapproval bill and the expedited procedures are
intended to provide both Houses of Congress with the
flexibility to schedule consideration of a disapproval bill
during a busy legislative session.
In the House, a disapproval bill may qualify for expedited
procedures only during this thirty calendar days of session
time period. Once the time period expires, the expedited
procedures are no longer operative. In order for a disapproval
bill to be considered by the House after the 30-day period, the
normal House rules would apply. This most often would involve
the Rules Committee granting a special rule providing for the
consideration of a disapproval bill. It should also be noted
that the Rules Committee may at any time, both before and after
the expiration of the thirty calendar days of session, report a
special rule providing for the consideration of the disapproval
bill. Should the House consider a disapproval bill under such a
special rule, the use of the expedited procedures for further
consideration of a disapproval bill relating to the same
special message is not allowed.
If a disapproval bill considered by the House under the
expedited procedures is defeated, any subsequent disapproval
bill relating to the same special message of the President is
ineligible for consideration under the expedited procedures. An
exception exists in the case of a need for House consideration
of a Senate-passed disapproval bill.
The Senate is not similarly constrained by the time period.
In the Senate, a disapproval bill which began consideration
under these expedited procedures may continue under such
procedures even if the time period expires. In such a case, a
special rule may need to be granted by the Rules Committee for
further House consideration of a disapproval bill.
In the event of a final congressional adjournment before
the expiration of the thirty calendar days of session period, a
new disapproval bill with respect to the same message may be
introduced within the first five calendar days of session of
the next Congress and the thirty calendar days of session
period for congressional consideration would begin anew. This
new bill would qualify for the expedited procedures.
D. Consideration in the House
The Line Item Veto Act establishes expedited procedures
specifically tailored to provide any Member of the House of
Representatives the opportunity to obtain congressional
consideration of a bill disapproving a President's
cancellations. However, the procedures do not guarantee that
any one Member can get a floor vote on a particular
cancellation. Allowing 435 Members unchecked access to floor
time would prove quite unwieldy and unmanageable. Nevertheless,
the expedited procedures do provide adequate opportunity for
any Member who can muster a minimum level of support from
colleagues to obtain consideration of a disapproval bill by the
full House. Furthermore, these expedited procedures in no way
prevent the Rules Committee from aiding a disapproval bill in
this process or from altering the manner in which a disapproval
bill is considered on the floor.
1. Introducing a disapproval bill
As was discussed earlier, in order for a disapproval bill
to qualify for the expedited procedures, it must meet the
definition and format of a disapproval bill. However, in the
House it must also meet another requirement. A disapproval bill
must also be introduced in the House no later than the fifth
calendar day of session following the receipt of the
President's special message. Any disapproval bill meeting these
two requirements qualifies for expedited consideration. A
disapproval bill introduced after the fifth calendar day of
session would be subject to the normal rules of the House
concerning the consideration of a bill.
2. Committee referral and consideration
Upon introduction, a disapproval bill is referred, subject
to the discretion of the Speaker, to the appropriate committee
or committees of jurisdiction under normal House procedure. For
example, a disapproval bill relating to the cancellation of an
appropriation of discretionary budget authority may be referred
to the Committee on Appropriations for consideration. On the
other hand, a disapproval bill relating to the cancellation of
an item of new direct spending involving Medicare may be
referred to both the Committee on Ways and Means and the
Committee on Commerce.
A disapproval bill qualifying for expedited procedures is
subject to accelerated committee consideration. Any committee
or committees to which such a disapproval bill has been
referred has seven calendar days of session after the date of
the bill's introduction in which to report the disapproval
bill. The committee is not allowed to amend the disapproval
bill but may report it with or without recommendation.
3. Obtaining House floor consideration
A disapproval bill is eligible for House floor
consideration under the expedited procedures in two ways.
First, the committee or committees of jurisdiction may report
the disapproval bill within seven calendar days of session,
thereby making it eligible for floor consideration under the
expedited procedures.
Second, if a committee or committees to which a disapproval
bill has been referred fails to report the bill within the
seven calendar days of session time period, any Member of the
House may move to discharge the committee or committees from
further consideration of the bill. However, the Member making
the motion to discharge must be in favor of the disapproval
bill and can only offer the motion one calendar day after the
day on which that Member declares to the House his intention to
offer such a discharge motion. A motion to discharge a
committee is not in order if that committee has already
reported a disapproval bill with respect to the same message.
In other words, once a committee has reported a disapproval
bill, with or without recommendation, it is not in order for a
Member to seek to discharge another disapproval bill relating
to the same special message. The one day notice requirement is
needed to maintain the majority leadership's ability to set the
daily legislative schedule. This one day notice requirement
also provides all Members of the House with an opportunity to
review the disapproval bill and the issues involved before its
actual consideration.
The motion to discharge is a privileged motion debatable
for one hour equally divided and controlled by a proponent and
an opponent. After completion of debate a vote on the motion
occurs without any intervening motion. After the vote, a motion
to reconsider the vote is not in order. Also, once a motion to
discharge a disapproval bill has been considered by the House
and either adopted or rejected, no other motion to discharge a
disapproval bill with respect to the same message is in order
under the expedited procedures. The House at this point has
already declared its position on whether or not to consider a
particular disapproval bill. If the motion is adopted, the
expedited procedures for the affected bill continue. If the
motion is rejected, the expedited procedures become
inoperative.
Of course, a special rule can always be granted by the
Rules Committee to grant floor consideration of a disapproval
bill.
4. house floor consideration
House floor consideration of a disapproval bill follows a
process similar to that given a bill through a special rule
granted by the Rules Committee. Once a disapproval bill has
been discharged or reported, it is in order to move that the
House resolve into the Committee of the Whole House on the
State of the Union for consideration of the disapproval bill.
If the bill has been reported and has laid over at least one
calendar day prior to its consideration by the full House then
all points of order are waived against the disapproval bill and
against its consideration. This is intended to provide Members
with at least one day between the conclusion of committee
action and floor consideration to review the disapproval bill.
General debate on the disapproval bill is confined to an hour
equally divided and controlled by a proponent and an opponent
of the bill.
5. amending the disapproval bill
Upon conclusion of general debate, the disapproval bill is
considered as having been read for amendment under the five
minute rule. Only one motion to rise from the Committee of the
Whole is allowed unless that motion is offered by the manager
of the bill.
Certain requirements are placed on the amending process. Up
to this point the expedited procedures have not allowed the
disapproval bill to be amended. However, on the House floor the
opportunity for amendment exists. In order to offer an
amendment, a Member must establish that forty-nine other
Members of the House support the amendment, a quorum being
present. This process is similar to that contained in other
disapproval procedures and provides for a ``temperature check''
to determine whether or not there is sufficient support to
justify the use of House floor time for consideration of the
amendment. If the Member seeking to offer the amendment cannot
muster the required level of support, that Member may not offer
the amendment. If the level of support is sufficient, the
amendment may be debated under the five minute rule.
It is important to note that restrictions are also placed
on the type of amendments that may be offered. Only amendments
to strike the reference number of a cancellation(s) from a
disapproval bill are in order. This amendment process allows
Members wishing to narrow the focus of the disapproval bill to
strike the cancellation(s) they do not wish to disapprove.
Those references they do wish to disapprove would remain. In
other words, this is a process that allows Members to isolate a
specific cancellation for an up or down vote. Since this is a
disapproval process, removing a reference number from the
disapproval bill is tantamount to agreeing with the President's
cancellation of that item.
The expedited procedures protect all allowable amendments
from any further substantive amendment and limit the total time
for the amendment process to one hour, excluding the time for
recorded votes and quorum calls. It is conceivable that the
entire hour of time allowed for amendments could be consumed by
the consideration of only one amendment.
6. voting on a disapproval bill
At the conclusion of consideration of the bill for
amendment the Committee will rise and report the bill back to
the House. Amendments adopted to the disapproval bill in the
Committee of the Whole are still subject to adoption either
separately or en bloc in the House. A motion to reconsider the
vote on final passage is not in order.
It is important to recognize that the Line Item Veto Act is
premised on an enhanced rescission model and so the actual
significance of the final passage vote can be confusing. A vote
in favor of the disapproval bill is a vote to reverse the
deficit reduction the President sought--i.e. to increase
spending or allow a limited tax benefit to take effect. A vote
against the disapproval bill is a vote to agree with the
President's cancellation(s).
E. Consideration in the senate
Expedited procedures for the consideration of a disapproval
bill in the Senate are also provided by the Line Item Veto Act.
They help ensure that a disapproval bill approved by the House
will not get bottled up in the legislative process of the
Senate. While the Senate is quite different from the House in
its rules and procedures, these special procedures provide some
degree of assurance to the House that the Senate will consider
a House-passed disapproval. For a more detailed analysis of the
Senate procedures see pages 27-28 of the conference report on
S. 4 (H. Rept. 104-491).
F. A conference report on a disapproval bill
Due to the different House and Senate expedited procedures
for consideration of a disapproval bill, it is quite possible
that the House and the Senate will not pass the same version of
a disapproval bill and that a conference will be necessary. The
expedited procedures also attempt, to the greatest extent
possible, to accelerate the consideration of a disapproval bill
by a committee of conference. Under the regular order there are
no rules governing the conduct of a conference committee.
However, numerous rules in both the House and Senate govern the
floor consideration of a conference report.
Under the expedited procedures, a conference report on a
disapproval bill can be considered by the House provided the
conference report has been available to the House for at least
one day prior. Debate on the conference report and any
amendments in disagreement each is limited to one hour and is
equally divided between a proponent and an opponent. The
conference report may only include those cancellations which
were in either the House version or Senate version of the
disapproval bill or both. A motion to recommit and a motion to
reconsider the vote on final adoption are not in order. This
process is expedited from the regular process in order to
maintain Congress' ability to complete consideration of the
disapproval bill within the thirty calendar day of session time
period.
Upon passage of a conference report on a disapproval bill,
the bill is sent to the President for signature or veto just
like any other bill.
G. Consideration of a presidential veto of a disapproval bill
If the President were to veto a disapproval bill, both the
House and the Senate would have to muster a two-thirds majority
override vote to pass the bill as required by Article I,
Section 7, Clause 2 of the Constitution. It is presumed that,
if the President canceled the items from the original bill, a
bill to disapprove those cancellations would be vetoed by that
same President.
The two-thirds majority override vote is the hammer in the
line item veto process that tilts the scales of the budget and
rescissions process against spending taxpayer dollars and
extending limited tax benefits. Spending money, increasing the
deficit, and allowing limited tax benefits to take effect are
likely to be more difficult to do as a result of the line item
veto.
IV. Checklist For Congressional Response in the House
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 two-thirds 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.
TABLE 1.--EXPLANATIONS OF STEPS OF CONGRESSIONAL CONSIDERATION
Reference numbers correspond to the numbers in figure 3
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Step
No. Further explanation of actions taken
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(1) President signs original appropriation, authorization or
reconciliation bill into law as authorized under Article I of
the Constitution.
(2) President cancels ``items'' in the original bill and sends
Congress a special cancellation message within five calendar
days (excluding Sundays) of the signature of the original
bill. ``Items'' are defined by the act to only include dollar
amounts of discretionary budget authority, items of new direct
spending or limited tax benefits.
(3) The special message is received by both the House and Senate on
the same day. The special message is referred to the House
Budget Committee and to the appropriate committee(s) of
jurisdiction in the House. The special message is printed as a
document of the House of Representatives. The special message
is also printed in the Federal Register.
(4) The special message is also referred to the Senate Budget
Committee and the appropriate committee (s) of jurisdiction in
the Senate.
(5) The cancellations take effect when the special message of the
President has been received by Congress. The 30 day time clock
for Congressional consideration starts the first calendar day
of session after the date of the President's submission of the
special message. A calendar day of session is a day in which
both the House and the Senate are in session.
(6A) A disapproval bill is introduced after the fifth calendar day
of session and therefore does not qualify for the expedited
procedures. The bill would be subject to the normal House
rules for the consideration of a bill.
(6B) A disapproval bill is introduced no later than the fifth
calendar day of session, in order to qualify for the expedited
procedures and is referred to the appropriate committee(s).
The introduced bill in the House must disapprove all of the
cancellations in the President's message when introduced in
order to qualify for the expedited procedures.
(6C) A disapproval bill is not introduced and the President's
cancellation stands.
(7) By the seventh calendar day of session after its introduction,
the disapproval bill must be reported without amendment and
with or without recommendation from the committee(s) in order
to qualify for the expedited procedures. Once reported and any
report on such a bill has laid over (for availability) for at
least one day, the bill is eligible for House floor
consideration.
(8) One or more of the committees to which the disapproval bill may
choose not to act on the bill.
(9) If a committee or committees do not report the bill within the
specified time period, any Member of the House in support of
the bill may move to discharge those committees from further
consideration of the bill. This motion can only be made one
day after the Member making the motion has announced to the
House that he intends to do so. All points of order are waived
against the motion. The motion is debatable for one hour
equally divided and controlled and is not amendable. Only one
motion to discharge is allowed for floor consideration for
each disapproval bill. For example, if such a motion is
defeated, it is not in order to consider another motion to
discharge for that bill.
(10) Once committee(s) have either reported or been discharged from
further consideration, the bill is eligible for consideration
by the House under expedited procedures with certain
restrictions. The bill is debatable for one hour equally
divided and controlled. All points of order are waived against
the bill except that relating to the layover requirement.
(10A) The Line Item Veto Act provides expedited consideration of the
disapproval bill in the Senate. For further details regarding
these procedures consult pages 27-28 of the conference report
on Public Law 104-491.
(10B) The disapproval bill is eligible for amendment on the floor of
the House. The disapproval bill has not been amendable up to
this point in the expedited procedures. Any Member who can
demonstrate the support of 49 other Members, a quorum being
present, for an amendment may offer that amendment. However,
amendments to the bill can only strike a reference number(s)
from the disapproval bill. The bill is read for amendment
under the five minute rule and the entire time period for the
amendment process is limited to 1 hour.
(11) If the Senate completes consideration of a disapproval bill and
it is different than that passed by the House, there may be a
conference with the Senate to resolve the disagreement. If the
Senate passed version is identical to that passed by the
House, the bill is ready to go to the President for signature.
(12) If there is disagreement between the two houses, a conference
is to be convened promptly.
(13) Consideration of any conference report and any amendment in
disagreement on a disapproval bill is also given expedited
consideration in the House. Such conference reports and
amendments are each debatable for one hour equally divided and
controlled. Upon passage the bill proceeds to the Senate or to
the President.
(14) Consideration of any conference report on a disapproval bill is
also given expedited consideration in the Senate. Refer to
page 28 of the conference report on Public Law 104-491 for
further details.
(15) Upon passage of both Houses, the disapproval bill is sent to
the President for signature. The President has the
Constitutional ten calendar days in which to make this
decision.
(16) If the President signs the disapproval bill, the disapproved
cancellations do not take effect.
(17) If the President vetoes the disapproval bill, Congress needs a
two-thirds majority of both Houses to override the veto. If
override occurs, the cancellations are nullified. If override
fails, the cancellations remain in effect.
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