[House Report 110-717]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-717
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PROVIDING FOR THE CONSIDERATION OF THE BILL (H.R. 5876) TO REQUIRE
CERTAIN STANDARDS AND ENFORCEMENT PROVISIONS TO PREVENT CHILD ABUSE AND
NEGLECT IN RESIDENTIAL PROGRAMS, AND FOR OTHER PURPOSES
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June 17, 2008.--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. 1276]
The Committee on Rules, having had under consideration
House Resolution 1276, by a non-record vote, to 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. 5876, the
``Stop Child Abuse in Residential Programs for Teens Act of
2008,'' under a structured rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Education and
Labor. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that 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 an original bill
for the purpose of amendment and shall be considered as read.
The rule waives all points of order against the amendment in
the nature of a substitute except for clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
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 waives all points of order against the amendment in
the nature of a substitute (except 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. 536
Date: June 17, 2008.
Measure: H.R. 5876.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea;
Hastings (WA)--Yea; Sessions--Yea.
Rules Committee Record Vote No. 537
Date: June 17, 2008.
Measure: H.R. 5876.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bishop, Rob (UT), #3, which
provides that for any requirement where States must publicly
report cases of abuse and neglect those reports must be
adjudicated reports of abuse and neglect.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea;
Hastings (WA)--Yea; Sessions--Yea.
Rules Committee Record Vote No. 538
Date: June 17, 2008.
Measure: H.R. 5876.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Price, Tom (GA), #2, which
reduces authorized spending by one percent; prohibits funds
that are appropriated to be obligated or expended for a
congressional earmark; and prohibits funds from going to
covered programs that are in violation of the Act's standards.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--Yea;
Hastings (WA)--Yea; Sessions--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Miller, George (CA)/McKeon (CA): Makes three changes to
the definition of ``covered program.'' It expands the
definition to include public residential programs, and it
strikes the exclusion of psychiatric residential treatment
facilities and the exclusion of foster care group homes. The
amendment strikes the requirement for the Secretary of HHS to
make unannounced site inspections of covered programs at least
once every two years, and it strikes Section 5. The amendment
requires the Secretary to report to Congress on the activities
of the national toll-free hotline, directs the Secretary to
conduct a study on the outcomes of residential programs, and
amends one of the standards to require a timeline about
notifying parents. (20 minutes)
2. Shea-Porter (NH): Requires that programs have policies
in place for ensuring that any changes to a child's medication
are made in consultation with a qualified medical professional
and a parent or legal guardian of the child. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 20 Minutes
Page 2, line 20, strike ``not''.
Page 2, line 21, strike ``governmental'' and insert
``public or private''.
Page 3, line 20, insert ``or'' after the semicolon.
Page 3, beginning line 21, strike ``or group home''.
Page 3, line 23, strike ``place'' and insert ``placed''.
Page 4, line 3, strike ``or group home; or'' and insert a
period.
Page 4, strike lines 4 through 11.
Page 9, line 4, after ``program'' insert ``immediately, to
the maximum extent practicable, but not later than within 48
hours''.
Page 9, line 13, strike ``section 8'' and insert ``section
7''.
Page 10, strike line 13 through page 11, line 4.
Page 11, line 5, strike ``(2)'' and insert ``(1)''.
Page 11, line 13, strike ``section 8'' and insert ``section
7''.
Page 12, line 10, strike ``section 8'' and insert ``section
7''.
Page 12, line 15, strike ``(3)'' and insert ``(2)''.
Page 13, line 10, strike ``contains'' and insert
``contain''.
Page 13, line 21, strike ``section 8'' and insert ``section
7''.
Page 14, beginning line 1, strike ``section 8'' and insert
``section 7''.
Page 14, line 8, before the semicolon insert ``, and
including the cause of each such death''.
Page 14, line 15, strike ``section 8'' and insert ``section
7''.
Page 14, beginning line 19, strike ``(b)(3), any judgments
or orders issued by a court pursuant to section 5,'' and insert
``(b)(2)''.
Page 16, line 8, strike ``(b)(3)'' and insert ``(b)(2)''.
Page 16, strike line 14 through page 17, line 2.
Page 17, line 3, strike ``6'' and insert ``5''.
Page 17, strike lines 13 through 21 and insert the
following:
(1) a summary of findings from on-going reviews
conducted by the Assistant Secretary pursuant to
section 3(b)(1), including a description of the number
and types of covered programs investigated by the
Assistant Secretary pursuant to such section;
(2) a description of types of violations of health
and safety standards found by the Assistant Secretary
and any penalties assessed;
Page 17, line 22, strike ``(4)'' and insert ``(3)''.
Page 17, line 25, strike ``section 8'' and insert ``section
7''.
Page 17, line 25, strike ``and'' at the end.
Page 18, line 1, strike ``(5)'' and insert ``(4)''.
Page 18, line 3, strike the period and insert ``; and''.
Page 18, after line 3, insert the following:
(5) a description of the activities undertaken by the
national toll-free telephone hotline established
pursuant to section 3(c)(2).
Page 18, line 4, strike ``7'' and insert ``6''.
Page 18, line 6, strike ``$50,000,000'' and insert
``$15,000,000''.
Page 18, line 8, strike ``section 8'' and insert ``section
7''.
Page 18, line 8, after ``of this Act'' insert ``and section
8 of this Act''.
Page 18, line 9, strike ``8'' and insert ``7''.
Page 19, line 25, insert ``or'' after the semicolon.
Page 20, beginning line 1, strike ``or group home''.
Page 20, line 8, strike ``or group home; or'' and insert a
period.
Page 20, strike lines 9 through 16.
Page 22, line 14, insert ``establishing'' after ``(B)''.
Page 22, line 20, strike ``that such'' and insert ``that
substantiated reports of child abuse and neglect may remain
confidential and all''.
Page 23, line 4, insert ``non-public'' before ``database''.
Page 24, line 21, insert ``substantiated'' before
``child''.
Page 24, line 25, insert ``and that such database shall
include and provide the definition of `substantiated' used in
compiling the data in cases that have not been finally
adjudicated'' after ``neglect''.
Page 25, line 20, strike ``develop and'' and insert
``develop''.
Page 26, line 15, insert ``non-public'' before
``database''.
Page 28, line 14, strike ``annually, a random sample of
review'' and insert ``an annual review by the Secretary''.
Page 29, line 19, strike ``$200,000,000'' and insert
``$235,000,000''.
At the end of the bill, add the following new section:
SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED PROGRAMS.
(a) Study.--The Secretary of Health and Human Services
shall conduct a study, in consultation with relevant agencies
and experts, to examine the outcomes for children in both
private and public covered programs under this Act encompassing
a broad representation of treatment facilities and geographic
regions.
(b) Report.--The Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report that contains the results of the study
conducted under subsection (a).
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2. An Amendment To Be Offered by Representative Shea-Porter of New
Hampshire, or Her Designee, Debatable for 10 Minutes
Page 9, after line 2, insert the following new
subparagraph:
(N) Policies to ensure that changes to the
medication of a child attending such a program
are made in consultation with a qualified
medical professional and a parent or legal
guardian of the child.
Page 9, line 3, strike ``(N)'' and insert ``(O)''.
Page 9, line 15, strike ``(O)'' and insert ``(P)''.