89–008 

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 


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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) 


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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.’’. 

Æ 


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