H. Res. 1126: H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act

 

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday March 3, 2010.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 228-184 on Wednesday, March 3, 2010.

MANAGERS: Cardoza/Foxx
111th Congress 
2nd Session

H.RES 1126

[Report No. 111-425]

 H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act

 

 

1.      Structured rule.

2.      Provides one hour of debate in the House equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.

3.      Waives all points of order against consideration of the bill except clauses 9 or 10 of rule XXI.

4.      Provides that the committee 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.

5.      Provides that the bill, as amended, shall be considered as read. 

6.      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).

7.      Makes in order the amendment printed in part A of the report of the Committee on Rules 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.

8.      Makes in order the amendment printed in part B of the report of the Committee on Rules 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.

9.      Waives all points of order against the amendments printed in the report except for clauses 9 or 10 of rule XXI.

10.  Provides one motion to recommit with or without instructions. 

11.  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.

12.  Provides that measures may be considered under suspension of the rules at any time through the legislative day of 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.  

13.   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. 

 

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RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4247) to prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.  All points of order against consideration of the bill are waived except those arising under clause 9 or 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 bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor; (2) the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, if offered by Representative George Miller of California 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; (3) the amendment printed in part B of the report of the Committee on Rules, if offered by Representative Flake of Arizona 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; and (4) one motion to recommit with or without instructions.

Sec. 2.  All points of order against amendments printed in the report of the Committee on Rules accompanying this resolution are waived except those arising under clause 9 or 10 of rule XXI.

Sec. 3.  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.  

Sec. 4.  It shall be in order at any time through the legislative day of March 4, 2010, for the Speaker to entertain motions that the House suspend the rules. 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 section.

Sec. 5.  The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of March 4, 2010.

 

 

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)