[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

                                _______
                                

   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)''.

                                  
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