[Congressional Record Volume 148, Number 125 (Monday, September 30, 2002)]
[House]
[Pages H6779-H6780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NOTIFICATION OF INTENTION TO OFFER RESOLUTION RAISING QUESTION OF 
                        PRIVILEGES OF THE HOUSE

  Mr. VISCLOSKY. Mr. Speaker, pursuant to clause 2(a)(1) of House rule 
IX, I rise to give notice of my intent to present a question of 
privilege of the House.
  The form of the resolution is as follows:


[[Page H6780]]


       A resolution, in accordance with House Rule IX, expressing 
     a sense of the House that its integrity has been impugned and 
     Constitutional duty hampered by the inability of the House to 
     bring to the floor the Fiscal Year 2003 Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, due to the severe under funding 
     of Education within the President's Fiscal Year (FY) 2003 
     Budget.
       Whereas under Article I, Section IX, of the Constitution 
     states no money shall be drawn from the Treasury, but in 
     Consequence of Appropriations made by law.
       Whereas it is the fiscal duty of the Congress to 
     appropriate annually the funds needed to support the 
     execution of programs and operations of the Federal 
     government.
       Whereas to date the House has only considered five 
     Appropriations bills.
       Whereas as President, George W. Bush has been persistent in 
     resonating public concern for better schools. He dedicated 
     significant amounts of time and public dialogue during his 
     first year in office to the passage of H.R. 1, the ``Leave No 
     Child Behind'' Act, not only implying he favored more help to 
     schools from the federal treasury but specifically 
     authorizing large increases in a number of key program areas.
       Whereas within weeks of signing H.R. 1, Public Law No: 107-
     110, the ``No Child Left Behind'' Act, the President 
     submitted a budget that stopped six years of steady progress 
     in federal support to local schools dead in its tracks.
       Whereas instead of the strong and consistent growth in 
     support to local schools that the federal government has 
     provided for more than a decade, the President's FY 2003 
     Budget holds aid to local schools virtually flat. 
     Furthermore, his Budget Director now insists that if Congress 
     exceeds the budget request by even the smallest amount, the 
     President will veto entire appropriation bills.
       Whereas the future of our labor force and our economy is 
     heavily dependent on elevating the education and skills of 
     all future workers.
       Whereas about one third of the 53.6 million children now in 
     elementary and secondary schools in America are at serious 
     risk of being left behind. The achievement gap between these 
     students and the rest of the student population remains large 
     and has failed to close.
       Whereas of the 53.6 million children currently enrolled in 
     elementary and secondary schools in this country, 9.8 
     million, or nearly 20 percent, are from households defined by 
     the Commerce Department as being in poverty.
       Whereas the House is faced with the choice of supporting 
     schools or supporting the President and his effort to reverse 
     the trend of expanding federal support for local schools.
       Whereas the Congress has provided states with an unfunded 
     mandate by approving the ``No Child Left Behind'' Act without 
     the necessary financial resources to fund it. Now, therefore, 
     be it
       Resolved that it is the sense of the House of 
     Representatives that the Congress should provide states with 
     the resources they need to fully implement the ``No Child 
     Left Behind'' Act as it promised less than a year ago, by 
     completing action on the Fiscal Year 2003 Labor, Health and 
     Human Services, and Education, and Related Agencies 
     Appropriations.

  The SPEAKER pro tempore. Under rule IX, a resolution that is offered 
from the floor by a Member other than the majority leader or the 
minority leader as a question of the privileges of the House has 
immediate precedence only at a time designated by the Chair within 2 
legislative days after the resolution is properly noticed.
  Pending that designation, the form of the resolution noticed by the 
gentleman from Indiana will appear in the Record at this point.
  The Chair does not at this point determine whether or not the 
resolution constitutes a question of privilege. That determination will 
be made at the time designated for consideration of the resolution.
  Mr. VISCLOSKY. Mr. Speaker, I ask to be heard at the appropriate time 
on the question of whether this resolution constitutes a question of 
privilege.
  The SPEAKER pro tempore. That time will be designated.

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