69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–717 

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 

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 recomVerDate Aug 31 2005 03:29 Jun 18, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR717.XXX HR717

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mit 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. 


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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. 


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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 


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report that contains the results of the study conducted under subsection (a). 

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)’’. 

Æ 


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