[House Report 112-45]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-45

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 471) TO REAUTHORIZE THE 
       DC OPPORTUNITY SCHOLARSHIP PROGRAM, AND FOR OTHER PURPOSES

                                _______
                                

   March 29, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 186]

    The Committee on Rules, having had under consideration 
House Resolution 186, by a record vote of 7 to 2, 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. 471, the 
Scholarships for Opportunity and Results Act, under a 
structured rule. The resolution provides for one hour of debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Oversight and Government 
Reform. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment recommended by the Committee on Oversight and 
Government Reform now printed in the bill shall be considered 
as adopted. The resolution provides that the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution makes in order the amendment printed in this report, 
if offered by Delegate Norton of the District of Columbia or 
her designee, which shall be considered as read, and shall be 
debatable for 40 minutes equally divided and controlled by the 
proponent and an opponent. The resolution waives all points of 
order against the amendment printed in this report. Finally, 
the resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against consideration. The waiver of all points 
of order against consideration is prophylactic.
    The resolution waives of all points of order against 
provisions in the bill, as amended. The waiver of all points of 
order includes a waiver of clause 5(a) of rule XXI, which 
prohibits a bill carrying a tax provision from being reported 
by a committee that does not have jurisdiction to report tax 
measures. A provision in H.R. 471, as amended, states, ``The 
amount of any scholarship (or other form of support provided to 
parents of an eligible student) under this Act shall not be 
treated as income of the parents for purposes of Federal tax 
laws or for determining eligibility for any other Federal 
program.'' This is a tax provision and the Committee on 
Oversight and Government Reform does not have jurisdiction to 
report tax measures, thus a waiver of clause 5(a) of rule XXI 
is necessary.
    Although the resolution waives all points of order against 
the amendment printed in this report, the Committee is not 
aware of any points of order against the amendment and 
therefore it is prophylactic in nature.

                            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. 56

    Motion by Mr. McGovern to report an open rule. Defeated: 2-
7.

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 57

    Motion by Ms. Foxx to report the rule. Adopted: 7-2.

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Polis.........................          Nay
Mr. Woodall.....................................          Yea
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                   SUMMARY OF AMENDMENT MADE IN ORDER

    Norton (DC): Amendment in the Nature of a Substitute that 
would redirect the religious and other private school voucher 
funding to District of Columbia public schools and District of 
Columbia public charter schools. (40 minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

      An Amendment in the Nature of a Substitute To Be Offered by 
   Representative Eleanor Norton of the District of Columbia or Her 
                   Designee, Debatable for 40 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Public Funds for Public 
Education Act''.

SEC. 2. FUNDING FOR DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.

  (a) General Authority.--From the funds appropriated under 
section 4, the Secretary of Education (in this Act referred to 
as the ``Secretary'') shall provide funds to the Mayor of the 
District of Columbia (in this Act referred to as the 
``Mayor''), if the Mayor agrees to the requirements described 
in subsection (b), for--
          (1) the District of Columbia public schools to 
        improve public education in the District of Columbia; 
        and
          (2) the District of Columbia public charter schools 
        to improve and expand quality public charter schools in 
        the District of Columbia.
  (b) Condition of Receipt of Funds.--As a condition of 
receiving funds under this Act on behalf of the District of 
Columbia public schools and the District of Columbia public 
charter schools, the Mayor shall agree to carry out the 
following:
          (1) Agreement with the secretary.--Enter into an 
        agreement with the Secretary to monitor and evaluate 
        the use of funds authorized and appropriated for the 
        District of Columbia public schools and the District of 
        Columbia public charter schools under this Act.
          (2) Information requests.--Ensure that all District 
        of Columbia public schools and the District of Columbia 
        public charter schools comply with all reasonable 
        requests for information for purposes of the evaluation 
        described in paragraph (1).
          (3) Submission of report.--Not later than 6 months 
        after the first appropriation of funds under section 4, 
        and each succeeding year thereafter, submit to the 
        Committee on Appropriations, the Committee on Education 
        and the Workforce, and the Committee on Oversight and 
        Government Reform of the House of Representatives, and 
        the Committee on Appropriations, the Committee on 
        Health, Education, Labor, and Pensions, and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate, information on--
                  (A) how the funds authorized and appropriated 
                under this Act for the District of Columbia 
                public schools and the District of Columbia 
                public charter schools were used in the 
                preceding school year; and
                  (B) how such funds are contributing to 
                student achievement.
          (4) Public availability.--Ensure that all reports and 
        underlying data gathered pursuant to this subsection 
        shall be made available to the public upon request, in 
        a timely manner following submission of the applicable 
        report under paragraph (3), except that personally 
        identifiable information shall not be disclosed or made 
        available to the public.
  (c) Enforcement.--If, after reasonable notice and an 
opportunity for a hearing for the Mayor, the Secretary 
determines that the Mayor has not been in compliance with 1 or 
more of the requirements described in subsection (b), the 
Secretary may withhold from the Mayor, in whole or in part, 
further funds under this Act for the District of Columbia 
public schools and the District of Columbia public charter 
schools.

SEC. 3. PRIORITY CONSIDERATION FOR CERTAIN STUDENTS.

  Each District of Columbia public charter school, in selecting 
new students for admission to the school, shall give priority 
to students who were provided notification of selection for an 
opportunity scholarship under the DC School Choice Incentive 
Act of 2003 (sec. 38-1851.01 et seq., D.C. Official Code) for 
the 2009-2010 school year, but whose scholarship was later 
rescinded in accordance with direction from the Secretary of 
Education.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $60,000,000 for 
fiscal year 2012 and each of the 4 succeeding fiscal years, of 
which--
          (1) 50 percent shall be made available to carry out 
        paragraph (1) of section 2(a) for each fiscal year; and
          (2) 50 percent shall be made available to carry out 
        paragraph (2) of section 2(a) for each fiscal year.

                                  
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