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“PRIVILEGES OF THE HOUSE--INTEGRITY OF PROCEEDINGS AS PRESCRIBED BY THE CONSTITUTION” mentioning the U.S. Dept. of Transportation was published in the House of Representatives section on pages H7003-H7004 on Oct. 3, 2002.
The publication is reproduced in full below:
PRIVILEGES OF THE HOUSE--INTEGRITY OF PROCEEDINGS AS PRESCRIBED BY THE
CONSTITUTION
Ms. CARSON of Indiana. Mr. Speaker, I rise to a question of the privileges of the House, and offer a privileged resolution that I noticed yesterday pursuant to rule IX, and ask for its immediate consideration.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
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 the programs and operations of the Federal Government.
Whereas to date the House has only considered five Appropriations bills.
Whereas President George W. Bush has ignored the requests of Amtrak for an Appropriation of $1.2 billion, and has instead proposed only $521 million in funding.
Whereas the House Appropriations Committee gutted funding for Amtrak with every Republican member of the Committee voting to cut funding, despite the dire impact this will have on their own districts.
Whereas instead of strong support and consistent growth in support for the nation's passenger rail system the President's FY 2003 Budget seeks to strangle Amtrak so that the Administration can begin to implement plans to privatize the system.
Whereas Amtrak provided a critical transportation need in the months after the terrorist attacks of September 11th, and has seen consistent growth in ridership despite continued levels of inadequate funding.
Whereas Amtrak serves more than 500 stations in 46 states and employs over 24,000 people, and Amtrak passengers on Northeast corridor trains would fill 250 planes daily or over 91,000 flights each year.
Resolved, That it is the sense of the House of Representatives that the Congress should complete action on the Fiscal Year (FY) 2003 Transportation Appropriations, with an allocation of $1.2 billion for Amtrak.
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The SPEAKER pro tempore (Mr. Thornberry). The Chair will hear briefly from the gentlewoman from Indiana as to whether the resolution constitutes a question of privileges of the House under rule IX.
Ms. CARSON of Indiana. Mr. Speaker, 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 the 13 appropriations measures have been considered. Mr. Speaker, this inaction has hampered this body's constitutional duty and called into question its integrity.
The failure of this unrealistic budget resolution is especially true in respect to the fiscal year 2003 transportation appropriations bill in its funding for Amtrak. This inaction has hampered this body's constitutional duty. After the events of September 11, our Nation's air transportation system ground to a halt. After the Federal Aviation Administration grounded all flights following the terrorist attacks, travelers turned to Amtrak. Whether people had to travel for business, to help with rescue efforts or just to get home, Amtrak kept Americans moving during a time of national emergency. Amtrak ridership and revenues skyrocketed, led by the Northeast Corridor, which had a 13.5 percent revenue growth and a 4.6 percent ridership growth in 2001. For the system as a whole, revenue rose 8.2 percent and ridership 4.3 percent. The situation not only proved that Amtrak works but that passenger rail is a critical part of our transportation infrastructure.
Despite this, Mr. Speaker, we continue to drastically underfund Amtrak, jeopardizing not only the safety and security of this country but the jobs and the livelihoods of tens of thousands of Americans. We have been told that if Amtrak receives the full $1.2 billion that both it and the Department of Transportation has recommended it receive, they will be able to begin to revitalize their operations, they will be able to revitalize and build upon the successes they have seen in the Northeast Corridor, they will be able to revitalize and build on rail service to areas of the country currently underserved by rail and, Mr. Speaker, they will be able to revitalize operations at their Beech Grove maintenance facility, which is in my district. They will be able to rehire the 228 employees who were furloughed back in February and rejuvenate a facility that has served this country since 1905. Workers at the plant right now are working 7 days a week to keep the facility running.
The SPEAKER pro tempore. The Chair requests the gentlewoman confine her remarks to the issue of whether the resolution constitutes a question of privileges of the House.
Ms. CARSON of Indiana. Mr. Speaker, my question of privilege regards the integrity of our proceedings as a House as prescribed by the Constitution. The United States Constitution conveys upon this body the power to originate appropriation measures. It is not only our responsibility but our duty and obligation to restate this message in this legislation about the importance of Amtrak.
I believe that we have probably not been in accordance with our constitutional responsibilities concerning appropriations and would argue that their continued inaction on such urgent priorities, as full funding of Amtrak, meets the test for privileged resolutions.
The SPEAKER pro tempore. The Chair is prepared to rule on the question of whether the resolution offered by the gentlewoman from Indiana constitutes a question of privileges of the House under rule IX.
The resolution offered by the gentlewoman from Indiana expresses the sense of the House that the Congress should complete action on a legislative measure. Specifically, the resolution calls upon the Congress to complete action on a general appropriation bill with regard to prescribed funding for Amtrak.
As the Chair ruled yesterday and earlier today, a resolution expressing the sentiment that Congress should act on a specified measure does not constitute a question of the privileges of the House under rule IX.
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 gentlewoman from Indiana does not constitute a question of the privileges of the House under rule IX and may not be considered at this time.
Ms. CARSON of Indiana. 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. Rogers of Michigan
Mr. ROGERS of Michigan. Mr. Speaker, I move to lay the appeal on the table.
The SPEAKER pro tempore. The question is on the motion to table offered by the gentleman from Michigan (Mr. Rogers).
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Recorded Vote
Ms. CARSON of Indiana. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 203, noes 192, not voting 36, as follows:
AYES--203
AderholtAkinArmeyBachusBallengerBarrBartlettBartonBassBereuterBiggertBilirakisBluntBoehlertBonillaBonoBoozmanBrady (TX)Brown (SC)BryantBurrBurtonBuyerCalvertCampCannonCantorCapitoCastleChabotChamblissCobleCollinsCombestCoxCraneCrenshawCubinCulbersonCunninghamDavis, Jo AnnDavis, TomDeLayDeMintDiaz-BalartDoolittleDreierDuncanDunnEhlersEhrlichEmersonEnglishEverettFergusonFlakeFletcherFoleyForbesFossellaFrelinghuysenGalleglyGekasGibbonsGilchrestGillmor GilmanGoodeGoodlatteGossGrahamGravesGreen (WI)GreenwoodGrucciGutknechtHansenHartHastings (WA)HayesHayworthHefleyHergerHobsonHoekstraHornHostettlerHoughtonHulshofHunterHydeIsaksonIssaIstookJohnson (CT)Johnson (IL)Johnson, SamJones (NC)KellyKennedy (MN)KernsKing (NY)KingstonKirkKnollenbergKolbeLaHoodLathamLaTouretteLeachLewis (KY)LoBiondoLucas (OK)ManzulloMcCreryMcHughMcKeonMicaMiller, DanMiller, GaryMiller, JeffMoran (KS)MorellaMyrickNethercuttNeyNorthupNorwoodNussleOsborneOseOtterPaulPencePeterson (PA)PetriPickeringPittsPlattsPomboPortmanPryce (OH)PutnamQuinnRadanovichRamstadRegulaRehbergRileyRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRoyceRyan (WI)Ryun (KS)SaxtonSchafferSensenbrennerSessionsShadeggShawShaysSherwoodShimkusShusterSimmonsSimpsonSkeenSmith (MI)Smith (NJ)Smith (TX)SouderStearnsSullivanSununuSweeneyTancredoTauzinTaylor (NC)TerryThomasThornberryThuneTiahrtTiberiToomeyUptonVitterWaldenWalshWampWatkins (OK)Watts (OK)Weldon (FL)Weldon (PA)WellerWickerWilson (NM)Wilson (SC)WolfYoung (AK)Young (FL)
NOES--192
AbercrombieAckermanAllenAndrewsBacaBairdBaldacciBaldwinBarrettBecerraBentsenBerkleyBermanBerryBishopBlagojevichBlumenauerBoniorBorskiBoswellBoucherBoydBrady (PA)Brown (FL)Brown (OH)CappsCapuanoCardinCarson (IN)Carson (OK)ClayClaytonClyburnConditConyersCostelloCoyneCramerCrowleyCummingsDavis (CA)Davis (FL)Davis (IL)DeFazioDelahuntDeLauroDeutschDicksDingellDoggettDooleyDoyleEdwardsEngelEshooEtheridgeEvansFarrFilnerFordFrankFrostGephardtGonzalezGordonGutierrezHall (TX)HarmanHillHilliardHincheyHinojosaHoeffelHoldenHoltHondaHooleyHoyerInsleeIsraelJackson (IL)Jackson-Lee (TX)JeffersonJohnJohnson, E. B.Jones (OH)KanjorskiKapturKennedy (RI)KildeeKilpatrickKind (WI)KleczkaKucinichLaFalceLangevinLantosLarsen (WA)Larson (CT)LeeLevinLewis (GA)LipinskiLofgrenLoweyLucas (KY)LutherLynchMaloney (NY)MarkeyMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcDermottMcGovernMcIntyreMcNultyMeehanMeek (FL)Meeks (NY)MenendezMillender-McDonaldMiller, GeorgeMollohanMooreMoran (VA)MurthaNadlerNapolitanoNealOberstarObeyOlverOrtizOwensPallonePascrellPastorPaynePelosiPeterson (MN)PhelpsPomeroyPrice (NC)RahallRangelReyesRiversRodriguezRoemerRossRothmanRoybal-AllardRushSaboSanchezSandersSandlinSchakowskySchiffScottSerranoShermanShowsSkeltonSmith (WA)SnyderSolisSprattStenholmStricklandTauscherTaylor (MS)Thompson (CA)Thompson (MS)TierneyTurnerUdall (CO)Udall (NM)VelazquezViscloskyWatersWatson (CA)Watt (NC)WaxmanWeinerWexlerWoolseyWuWynn
NOT VOTING--36
BakerBarciaBoehnerCallahanClementCookseyDealDeGetteFattahGanskeGrangerGreen (TX)Hastings (FL)HillearyJenkinsKellerLampsonLewis (CA)LinderMaloney (CT)MascaraMcInnisMcKinneyOxleyReynoldsRoukemaSawyerSchrockSlaughterStarkStumpStupakTannerThurmanTownsWhitfield
{time} 1436
Mr. HALL of Texas and Mr. WYNN changed their vote from ``aye'' to
``no.''
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.
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