99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–45 

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 


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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. 

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. 

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) 


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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 


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(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. 

Æ 


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