[Congressional Record Volume 148, Number 125 (Monday, September 30, 2002)]
[House]
[Page 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. OBEY. 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 privileges of 
the House.
  The form of the resolution is as follows:

                    Education Privileged Resolution

       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 failure of the House to 
     bring to the floor on a timely basis the Fiscal Year 2003 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act.
       Whereas Article I, Section IX, of the Constitution states 
     that 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, by October 1st of each year, the funds 
     needed to support the execution of programs and operations of 
     the Federal government.
       Whereas the House to date has only considered five 
     Appropriations bills, and has failed to consider the Fiscal 
     Year 2003 Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act which 
     would provide funding for critical areas of national policy 
     including pre-school, elementary and secondary education, 
     special education, higher education and student loans.
       Whereas as President, George W. Bush supported and signed 
     into law Public Law 107-110, the ``Leave No Child Behind 
     Act,'' which imposes substantial accountability and 
     performance mandates on elementary and secondary schools in 
     every state and congressional district in the United States.
       Whereas the ``Leave No Child Behind Act'' included the 
     authorization of significant additional resources to assist 
     the states and local education agencies to provide the 
     mandated improved educational services to America's 
     schoolchildren.
       Whereas within weeks of signing the ``Leave No Child 
     Behind'' Act, the President submitted the FY 2003 budget 
     provides an increase in education funding of 0.5 percent (one 
     half of one percent) compared with an average increase of 12 
     percent in the six years prior to enactment of the new law.
       Whereas President Bush's FY 2003 education budget request 
     fails to provide the promised level of funding to states and 
     local education agencies which are required to implement 
     significant educational reforms.
       Whereas President Bush's FY 2003 budget would provide only 
     18 percent of the increase in compensatory education funding 
     promise by the ``Leave No Child Behind'' Act.
       Whereas about one third of the 53.6 million children now in 
     elementary and secondary schools in America are at serious 
     risk of educational failure without the resources promised in 
     the ``Leave No Child Behind'' Act.
       Whereas the funding level for improving teach quality in 
     President Bush's budget would not even keep pace with the 
     current level of funding, let alone help promote the expanded 
     teacher quality programs contained in the ``Leave No Child 
     Behind'' Act.
       Whereas the President's education budget also fails to 
     provide the level of federal assistance for the Individuals 
     with Disabilities Education Act that was promised to states 
     more than 27 years ago.
       Whereas by failing to appropriate the funds it has promised 
     to pay for the new accountability requirements for students, 
     teachers and schools, the Congress would bring discredit on 
     itself and undermine the ability of our schools to provide 
     the improved education services for which the House has 
     overwhelmingly voted. Now therefore be it,
       Resolved that it is the sense of the House of 
     Representatives that the Congress should complete action on 
     the Fiscal Year 2003 Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations before 
     recessing and should fund the ``Leave No Child Behind'' Act 
     at levels commensurate with levels promised by the act less 
     than a year ago.

                              {time}  1415

  The SPEAKER pro tempore (Mr. Dan Miller of Florida). 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 Wisconsin (Mr. Obey) 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. OBEY. 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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