[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[House]
[Pages H6954-H6955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PRIVILEGES OF THE HOUSE--INTEGRITY OF PROCEEDINGS AS PRESCRIBED BY THE 
                              CONSTITUTION

  Mr. VISCLOSKY. Mr. Speaker, pursuant to rule IX, I rise to a question 
of the privileges of the House, offer a privileged resolution that I 
noticed, and ask for its immediate consideration.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read the resolution, as follows:

       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. The Chair will hear briefly from the 
proponent of the resolution as to whether the resolution constitutes a 
question of the privileges of the House under rule IX.
  The Chair recognizes the gentleman from Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. Mr. Speaker, I appreciate the recognition to speak on 
the resolution.
  Article 1, section 9 of the Constitution states that ``No money shall 
be drawn from the Treasury, but in consequence of appropriations made 
by law.''
  It is the fiscal duty of the Congress to appropriate the money 
necessary to provide the funds needed to support the execution of 
programs and operations of the Federal Government. To date, only five 
of these important measures have been considered.
  The failure of this unrealistic budget resolution is especially true 
in respect to the fiscal year 2003 Labor, Health and Human Services, 
Education and Related Agencies appropriations bill in its funding for 
education. This inaction has hampered this body's constitutional duty.

                              {time}  1500

  Mr. Speaker, this inaction has hampered this body's constitutional 
duty and impinged its integrity. President Bush dedicated significant 
amounts of time and public dialogue during his first months in office 
to the passage of H.R. 1, the Leave No Child Behind Act. It 
specifically authorized large increases in a number of key educational 
programs. However, within weeks of signing the bill, the President 
submitted a budget that stopped 6 years of steady progress. His budget 
director now insists that if Congress exceeds the budget request by 
even the smallest amount, the President will veto the entire 
appropriations bill.
  Mr. Speaker, section 702 of House rule IX, entitled ``The General 
Principles,'' concluded that certain matters of business arising under 
the Constitution mandatory in nature for the House have been held to 
have a privilege which supersedes the rules establishing the order of 
business. The powers of raising revenue and appropriating funds is the 
question of the House's constitutional authority and is therefore 
privileged in nature, especially given the importance of this funding 
to the future of our Nation.
  The future of our labor force and our economy is heavily dependent on 
elevating the education and skills of future workers. The achievement 
gap between students who are at risk and the rest of the student 
population remains large and has failed to close.

  It is not only the prerogative of this Chamber but its constitutional 
duty for the House to take action on the Labor, Health and Human 
Services and Labor bill. The Congress has provided States with an 
unfunded mandate by approving H.R. 1 without the necessary financial 
resources to fund it. The majority of this body voted for H.R. 1, and 
we should deserve to be heard.
  Mr. Speaker, my question of privilege regards the integrity of our 
proceedings as a House as prescribed by the Constitution. The U.S. 
Constitution conveys upon this body the power to originate 
appropriation measures. It is not only our responsibility, it is our 
duty and obligation to reinstate this message and this legislation 
about the importance of education. And I do believe the resolution that 
I have introduced is privileged in the House.
  The SPEAKER pro tempore (Mr. Thornberry). The Chair is prepared to 
rule on whether the resolution offered by the gentleman from Indiana 
(Mr. Visclosky) constitutes a question of privileges of the House under 
rule IX.
  The resolution offered by the gentleman from Indiana (Mr. Visclosky) 
expresses the sense of the House that the Congress should complete 
action on a legislative measure. Specifically, the resolution calls 
upon the Congress to provide the States with additional education 
resources by completing action on a general appropriation bill.
  The Chair has most recently ruled on November 4, 1999, consistent 
with the principal enunciated by Speaker Gillett in his landmark ruling 
of May 6, 1921, that a resolution expressing a legislative sentiment 
ordinarily does not give rise to a question of privileges of the House 
under rule IX. Specifically, the Chair held on that occasion that 
legislative sentiment that the President should take specified action 
to achieve a desired policy end did not present a question affecting 
the rights of the House collectively, its safety, its dignity or the 
integrity of its proceedings as required under rule IX.
  In the opinion of the Chair, the instant resolution expressing the 
sentiment that Congress should act on a specified measure also falls 
short of the standards of rule IX.
  The Chair would quote from the landmark Gillett ruling: ``No one 
Member ought to have the right to determine when it should have come in 
preference to the regular rules of the House.''

[[Page H6955]]

  To permit a question of privileges of the House either urging or 
requiring congressional action or inaction on education funding would 
permit any Member to advance virtually any legislative proposal as a 
question of privileges of the House.
  As the Chair ruled on December 22, 1995, the mere invocation of the 
general legislative power of the purse provided in the Constitution, 
coupled with a fiscal policy end, does not meet the requirements of 
rule IX and is really a matter properly initiated through introduction 
in the hopper under clause 7 of rule XII.
  Accordingly, the resolution offered by the gentleman from Indiana 
(Mr. Visclosky) does not constitute a question of privileges of the 
House under rule IX and may not be considered at this time.
  Mr. VISCLOSKY. Mr. Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is: Shall the decision of the 
Chair stand as the judgment of the House?


         Motion to Table Offered by Mr. Jeff Miller of Florida

  Mr. JEFF MILLER of Florida. Mr. Speaker, I move to lay the appeal on 
the table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. VISCLOSKY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 210, 
nays 200, not voting 21, as follows:

                             [Roll No. 433]

                               YEAS--210

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--200

     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (TX)
     Harman
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--21

     Abercrombie
     Barr
     Callahan
     Cooksey
     Davis, Tom
     Deal
     Ehrlich
     Ganske
     Gutierrez
     Hastings (FL)
     Hilleary
     LaFalce
     Lampson
     Mascara
     McKinney
     Pitts
     Roukema
     Sanchez
     Stump
     Tanner
     Watkins (OK)

                              {time}  1524

  Mr. EDWARDS and Mr. HINOJOSA changed their vote from ``yea'' to 
``nay.''
  Mr. HEFLEY and Mr. WELDON of Florida changed their vote from ``nay'' 
to ``yea.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________