[House Report 111-425]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-425

======================================================================


 
  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

                                _______
                                

    March 2, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   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.''.

                                  
