[House Report 111-425]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-425
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4247) TO PREVENT AND
REDUCE THE USE OF PHYSICAL RESTRAINT AND SECLUSION IN SCHOOLS, AND FOR
OTHER PURPOSES
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March 2, 2010.--Referred to the House Calendar and ordered to be
printed
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Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1126]
The Committee on Rules, having had under consideration
House Resolution 1126, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4247, the
``Preventing Harmful Restraint and Seclusion in Schools Act,''
under a structured rule providing one hour of general debate in
the House equally divided and controlled by the chairman and
ranking minority member of the Committee on Education and
Labor. The resolution waives all points of order against
consideration of the bill except for clauses 9 and 10 of rule
XXI. The amendment in the nature of a substitute recommended by
the Committee on Education and Labor now printed in the bill
shall be considered as adopted. The resolution waives all
points of order against provisions of the bill, as amended.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure). The
resolution provides that the bill, as amended, shall be
considered as read.
The resolution makes in order the amendment printed in part
A of this report if offered by Rep. George Miller or his
designee, which shall be considered as read, shall be
separately debatable for 10 minutes equally divided and
controlled by the proponent and an opponent, and shall not be
subject to a demand for division of the question. The
resolution also makes in order the amendment printed in part B
of this report if offered by Rep. Flake or his designee, which
shall be considered as read, shall be separately debatable for
10 minutes equally divided and controlled by the proponent and
an opponent, and shall not be subject to a demand for division
of the question. The resolution waives all points of order
against the amendments printed in this report except for
clauses 9 and 10 of rule XXI. The resolution provides one
motion to recommit with or without instructions. The resolution
provides that during consideration of an amendment printed in
the report of the Committee on Rules accompanying this
resolution, the Chair may postpone the question of adoption as
though under clause 8 of rule XX.
The resolution provides that measures may be considered
under suspension of the rules at any time through Thursday,
March 4, 2010. The Speaker or her designee shall consult with
the Minority Leader or his designee on the designation of any
matter for consideration pursuant to this authority. The
resolution waives clause 6(a) of rule XIII (requiring a two-
thirds vote to consider a rule on the same day it is reported
from the Rules Committee) against any resolution reported from
the Rules Committee through the legislative day of Thursday,
March 4, 2010.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and all points of order against provisions of the bill, as
amended (except for clause 10 of rule XXI), the Committee is
not aware of any points of order. The waivers of all points of
order are prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 324
Date: March 2, 2010.
Measure: H.R. 4247.
Motion by: Mr. Dreier.
Summary of motion: To amend the rule to restrict the
authority in sections 4 and 5 of the rule (relating to
suspension authority and same-day consideration of rules) to
measures relating to jobs or expiring provisions.
Results: Defeated 2-9.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF THE AMENDMENT IN PART A TO BE MADE IN ORDER
Miller, George (CA)--Would change the short title of the
bill and make minor technical edits. (10 minutes)
SUMMARY OF THE AMENDMENT IN PART B TO BE MADE IN ORDER
Flake (AZ)--Would presume that grants awarded under this
Act will be awarded using competitive, merit-based procedures,
and would require that if a non-competitive basis is used, the
Secretary of Education must report to Congress the reason why
competition was not used. It would also require that no funds
appropriated under this Act may be used for a congressional
earmark, as defined in clause 9e of rule XXI of the Rules of
the House of Representatives. (10 minutes)
PART A--TEXT OF THE AMENDMENT TO BE MADE IN ORDER
Page 3, beginning on line 4, strike ``Preventing Harmful
Restraint and Seclusion in Schools Act'' and insert ``Keeping
All Students Safe Act''.
Page 7, line 3, insert ``, or other qualified health
professional acting under the scope of the professional's
authority under State law,'' after ``physician''.
Page 7, line 7, insert ``or other qualified health
professional acting under the scope of the professional's
authority under State law'' after ``physician''.
Page 9, line 13, insert ``local educational agency,'' before
``educational service agency''.
Page 10, line 22, insert ``training in'' before ``evidence-
based''.
Page 11, line 1, insert ``training in'' before ``evidence-
based''.
Page 11, line 9, insert ``training in'' before ``first aid''.
Page 14, line 15, strike ``and local educational agencies''
and insert ``, in consultation with local educational agencies
and private school officials,''.
PART B--TEXT OF THE AMENDMENT TO BE MADE IN ORDER
Add at the end the following:
``SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES.
``(a) Presumption.--It is the presumption of Congress that
grants awarded under this Act will be awarded using competitive
procedures based on merit.
``(b) Report to Congress.--If grants are awarded under this
Act using procedures other than competitive procedures, the
Secretary shall submit to Congress a report explaining why
competitive procedures were not used.
``SEC. 14. PROHIBITION ON EARMARKS.
``None of the funds appropriated to carry out this Act may be
used for a congressional earmark as defined in clause 9e, of
Rule XXI of the rules of the House of Representatives of the
111th Congress.''.