[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 11 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 11

                  To strengthen the rights of parents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

    Mrs. Vucanovich, Mr. Thomas of California, and Mr. Weller (for 
    themselves, Mr. Royce, Mr. McIntosh, Mr. Crane, Mr. Forbes, Mr. 
 Cunningham, Mr. Rohrabacher, Mr. Dornan, Mr. Hastert, Mr. Blute, Mr. 
   Weldon of Pennsylvania, Mr. Bartlett of Maryland, Mr. Zimmer, Mr. 
Linder, Mr. Bachus, Mr. Smith of Texas, Mr. Cooley, Mr. Greenwood, Mr. 
 Hoke, Mr. Saxton, Mr. Taylor of North Carolina, Mr. Largent, Mr. Kim, 
 Mr. Ballenger, Mr. Callahan, Mrs. Roukema, Mr. Chrysler, Mr. Hancock, 
    Mr. Nussle, Mr. Baker of Louisiana, Mr. Stearns, Mr. Roth, Mr. 
Stockman, Mr. Smith of Michigan, Mr. Baker of California, Mr. Shaw, Mr. 
 Herger, Mr. Sensenbrenner, Mrs. Fowler, Mr. Emerson, Mr. Hutchinson, 
 Mr. Heineman, Mr. English of Pennsylvania, Mr. Hostettler, Mr. Jones, 
  Mr. Ensign, Mr. Tiahrt, Mrs. Myrick, Mrs. Cubin, Mr. Kingston, Mr. 
 Ewing, Mr. Hastings of Washington, Mr. Ganske, Mr. Weldon of Florida, 
Mr. Coburn, Mr. Lewis of Kentucky, Mr. Bunning of Kentucky, Mr. Inglis 
    of South Carolina, Mr. Lightfoot, Mr. Istook, Mr. Calvert, Mr. 
 Cremeans, Mr. Knollenberg, Mr. Schaefer, Mr. Bilirakis, Mr. Hayworth, 
  Mr. Fox, Mr. Radanovich, Mr. Goodling, Mr. Wamp, Mr. Gilchrest, Mr. 
 Solomon, Mr. Bliley, Mr. Doolittle, Mr. Camp, Mr. Packard, Mr. Stump, 
 Mr. Gilman, Mr. Miller of Florida, Mr. LaTourette, Mr. Flanagan, Mr. 
  Burr, Mr. Latham, Ms. Molinari, Mr. Gunderson, Mr. Thornberry, Mr. 
 Riggs, Mr. Allard, Mr. Goodlatte, Mr. Christensen, Mr. Hilleary, Mr. 
 Wicker, Mr. Bono, Mr. Frisa, Mr. Smith of New Jersey, Mr. Talent, Mr. 
  Shadegg, Mrs. Johnson of Connecticut, Mr. Canady, Mr. McCollum, Mr. 
  Shays, Mr. Barton of Texas, Mr. Barr, Mr. Armey, Mr. Waldholtz, Mr. 
Tate, Ms. Dunn, Mr. Mica, Mr. McHugh, Mr. Everett, Mr. Roth, Mr. Crapo, 
   Mr. Paxon, Mr. Young of Florida, Mr. Coble, Mr. Ehrlich, and Mrs. 
Meyers of Kansas) introduced the following bill; which was referred as 
                                follows:
        Titles I-II, referred to the Committee on Ways and Means
         Title III, referred to the Committee on the Judiciary
 Title IV, referred to the Committee on Government Reform and Oversight
 Title V, referred to the Committee on Ways and Means, and in addition 
  to the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                            January 26, 1995

 Additional sponsors: Mr. Burton of Indiana, Mr. Norwood, Mr. Walker, 
Mr. Livingston, Mr. Sam Johnson of Texas, Mr. Collins of Georgia, Mrs. 
 Seastrand, Mr. Skeen, Mr. Cox, Mr. Dreier, Mr. DeLay, Mr. Pombo, Mr. 
                 Peterson of Minnesota, and Mr. Salmon

_______________________________________________________________________

                                 A BILL


 
                  To strengthen the rights of parents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Reinforcement Act''.

                      TITLE I--ADOPTION ASSISTANCE

SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 the following new section:

``SEC. 35. ADOPTION EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this subtitle 
for the taxable year the amount of the qualified adoption expenses paid 
or incurred by the taxpayer during such taxable year.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The aggregate amount of qualified 
        adoption expenses which may be taken into account under 
        subsection (a) with respect to the adoption of a child shall 
        not exceed $5,000.
            ``(2) Income limitation.--The amount allowable as a credit 
        under subsection (a) for any taxable year shall be reduced (but 
        not below zero) by an amount which bears the same ratio to the 
        amount so allowable (determined without regard to this 
        paragraph but with regard to paragraph (1)) as--
                    ``(A) the amount (if any) by which the taxpayer's 
                adjusted gross income exceeds $60,000, bears to
                    ``(B) $40,000.
            ``(3) Denial of double benefit.--
                    ``(A) In general.--No credit shall be allowed under 
                subsection (a) for any expense for which a deduction or 
                credit is allowable under any other provision of this 
                chapter.
                    ``(B) Grants.--No credit shall be allowed under 
                subsection (a) for any expense to the extent that funds 
                for such expense are received under any Federal, State, 
                or local program.
    ``(c) Qualified Adoption Expenses.--For purposes of this section, 
the term `qualified adoption expenses' means reasonable and necessary 
adoption fees, court costs, attorney fees, and other expenses which are 
directly related to the legal adoption of a child by the taxpayer and 
which are not incurred in violation of State or Federal law or in 
carrying out any surrogate parenting arrangement. The term `qualified 
adoption expenses' shall not include any expenses in connection with 
the adoption by an individual of a child who is the child of such 
individual's spouse.
    ``(d) Married Couples Must File Joint Returns.--Rules similar to 
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply 
for purposes of this section.''
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting before the period ``, or 
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the last item and inserting the following:

                              ``Sec. 35. Adoption expenses.
                              ``Sec. 36. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1995.

                     TITLE II--ELDERCARE ASSISTANCE

SEC. 201. REFUNDABLE CREDIT FOR CUSTODIAL CARE OF CERTAIN DEPENDENTS IN 
              TAXPAYER'S HOME.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 36 as section 37 and by inserting 
after section 35 the following new section:

``SEC. 36. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING 
              CUSTODIAL CARE IN THEIR HOUSEHOLDS.

    ``(a) Allowance of Credit.--In the case of an individual who 
maintains a household which includes as a member one or more qualified 
persons, there shall be allowed as a credit against the tax imposed by 
this subtitle for the taxable year an amount equal to $500 for each 
such person.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualified person.--The term `qualified person' means 
        any individual--
                    ``(A) who is--
                            ``(i) a father or mother, or stepfather or 
                        stepmother, of the taxpayer, his spouse, or his 
                        former spouse, or
                            ``(ii) a father or mother, or stepfather or 
                        stepmother, of an individual described in 
                        clause (i),
                    ``(B) who has been certified by a physician as--
                            ``(i) being unable to perform (without 
                        substantial assistance from another individual) 
                        at least 2 activities of daily living (as 
                        defined in paragraph (2)), or
                            ``(ii) having a similar level of disability 
                        due to cognitive impairment, and
                    ``(C) who has as his principal place of abode for 
                more than half of the taxable year the home of the 
                taxpayer.
            ``(2) Activities of daily living.--For purposes of 
        paragraph (1), each of the following is an activity of daily 
        living:
                    ``(A) Bathing.--The overall complex behavior of 
                getting water and cleansing the whole body, including 
                turning on the water for a bath, shower, or sponge 
                bath, getting to, in, and out of a tub or shower, and 
                washing and drying oneself.
                    ``(B) Dressing.--The overall complex behavior of 
                getting clothes from closets and drawers and then 
                getting dressed.
                    ``(C) Toileting.--The act of going to the toilet 
                room for bowel and bladder function, transferring on 
                and off the toilet, cleaning after elimination, and 
                arranging clothes.
                    ``(D) Transfer.--The process of getting in and out 
                of bed or in and out of a chair or wheelchair.
                    ``(E) Eating.--The process of getting food from a 
                plate or its equivalent into the mouth.
            ``(3) Physician.--The term `physician' means a doctor of 
        medicine or osteopathy legally authorized to practice medicine 
        or surgery in the jurisdiction in which he makes the 
        determination under paragraph (1).
    ``(c) Special Rules.--For purposes of this section, rules similar 
to the rules of paragraphs (1), (2), (3), and (4) of section 21(e) 
shall apply.
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out the purposes of this section.''
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``or 36'' after ``section 
        35''.
            (2) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 36 and inserting the following:

                              ``Sec. 36. Credit for taxpayers with 
                                        certain persons requiring 
                                        custodial care in their 
                                        households.
                              ``Sec. 37. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1995.

                      TITLE III--CHILD PROTECTION

SEC. 301. INCREASED PENALTIES FOR USE OF A COMPUTER IN SEXUAL CRIMES 
              AGAINST CHILDREN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines applicable to section 2252 of title 18, United States Code, 
to increase the offense level by 2 levels if a computer was used in the 
transporting or shipment of the visual depiction.

SEC. 302. MANDATORY MINIMUM SENTENCE FOR PROSTITUTION OF CHILDREN.

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``or imprisoned not more 
        than ten years, or both.'' and inserting ``and imprisoned not 
        less than 3 nor more than 10 years.''; and
            (2) in subsection (b), by striking ``, imprisoned not more 
        than 10 years, or both.'' and inserting ``and imprisoned not 
        less than 3 nor more than 10 years.''.

SEC. 303. SENTENCING GUIDELINES RELATING TO PROSTITUTION OF CHILDREN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines applicable to section 2423 of title 18, United States Code, 
to assure that an increase in the age of the child who is the victim of 
the offense does not result in a lighter punishment.

SEC. 304. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A MINOR.

    Section 2243(a) of title 18, United States Code, is amended by 
inserting ``less than 3 nor'' after ``imprisoned not''.

SEC. 305. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A WARD.

    Section 2243(b) of title 18, United States Code, is amended by 
striking ``more than one year'' and inserting ``less than 3 nor more 
than 15 years''.

                  TITLE IV--FAMILY PRIVACY PROTECTION

SEC. 401. FAMILY PRIVACY PROTECTION.

    (a) Notwithstanding any other provision of law, no program or 
activity funded in whole in or part by any Federal department or agency 
shall require a minor to submit to a survey, analysis, or evaluation 
that reveals information concerning:
            (1) parental political affiliations;
            (2) mental or psychological problems potentially 
        embarrassing to the minor or his family;
            (3) sexual behavior or attitudes;
            (4) illegal, anti-social, self-incriminating, or demeaning 
        behavior;
            (5) appraisals of other individuals with whom the minor has 
        a familial relationship;
            (6) relationships that are legally recognized as 
        privileged, such as those with lawyers, physicians, and members 
        of the clergy;
            (7) the minor's household income, other than information 
        required by law to determine eligibility for participation in a 
        program or for receiving financial assistance from a program; 
        or
            (8) religious beliefs,
without the written consent of at least one of the minor's parents or 
guardians or, in the case of an emancipated minor, the prior consent of 
the minor himself.
    (b) Subsection (a) shall not apply to tests intended to measure 
academic performance except to the extent that such tests would require 
a minor to reveal information listed in paragraphs (1) through (6) of 
subsection (a).

SEC. 402. NOTIFICATION PROCEDURES.

    A department or agency which, in whole or in part, supports a 
program or activity involving any survey, analysis, or evaluation of 
minors shall establish procedures by which the department or agency, or 
its grantees, shall notify minors and their parents of their rights 
under this title.

SEC. 403. EFFECTIVE DATE.

    This title shall take effect 30 days after the date of the 
enactment of this Act.

                   TITLE V--CHILD SUPPORT ENFORCEMENT

SEC. 501. ENFORCEMENT OF CHILD SUPPORT ORDERS.

    (a) In General.--Section 1738A of title 28, United States Code, is 
amended--
            (1) in subsection (a) by inserting ``or child support 
        order'' after ``child custody determination'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) `child support order' means a judgment, decree, or 
        order of a court requiring the payment of money, whether in 
        periodic amounts or lump sum, for the support of a child and 
        includes permanent and temporary orders, initial orders and 
modifications, on-going support and arrearages;'';
            (3) in subsection (c)--
                    (A) in the first sentence by inserting ``or child 
                support order'' after ``child custody determination''; 
                and
                    (B) in paragraph (2)(D)(i) by inserting ``or 
                support'' after ``determine the custody'';
            (4) in subsection (d), by striking out ``the requirement of 
        subsection (c)(1) of this section continues to be met and''; 
        and
            (5) in subsection (f)(2), by inserting ``as described under 
        subsection (d) of this section,'' after ``no longer has 
        jurisdiction,''.
    (b) Technical and Conforming Amendments.--(1) The heading for 
section 1738A of title 28, United States Code, is amended to read as 
follows:

``SEC. 1738A. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY 
              DETERMINATIONS AND CHILD SUPPORT ORDERS.''.

    (2) The table of sections for chapter 115 of title 28, United 
States Code, is amended by striking out the item relating to section 
1738A and inserting in lieu thereof:

``1738A. Full faith and credit given to child custody determinations 
                            and child support orders.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective on and after the date of the enactment of this Act.

SEC. 502. UNIFORM TERMS IN ORDERS.

    (a) In General.--Section 452(a) of the Social Security Act (42 
U.S.C. 652(a)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (10), by striking the period at the end of 
        the 2nd sentence and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) develop, in conjunction with State executive and 
        judicial organizations, a uniform abstract of a child support 
        order, for use by all State courts to record in each child 
        support order--
                    ``(A) the date support payments are to begin under 
                the order;
                    ``(B) the circumstances upon which support payments 
                are to end under the order;
                    ``(C) the amount of child support payable pursuant 
                to the order expressed as a sum certain to be paid on a 
                monthly basis, arrearages expressed as a sum certain as 
                of a certain date, and any payback schedule for the 
                arrearages;
                    ``(D) whether the order awards support in a lump 
                sum (nonallocated) or per child;
                    ``(E) if the award is in a lump sum, the event 
                causing a change in the support award and the amount of 
                any change;
                    ``(F) other expenses covered by the order;
                    ``(G) the names of the parents subject to the 
                order;
                    ``(H) the social security account numbers of the 
                parents;
                    ``(I) the name, date of birth, and social security 
                account number (if any) of each child covered by the 
                order;
                    ``(J) the identification (FIPS code, name, and 
                address) of the court that issued the order;
                    ``(K) any information on health care support 
                required by the order; and
                    ``(L) the party to contact if additional 
                information is obtained.''.

SEC. 503. WORK REQUIREMENT FOR NONCUSTODIAL PARENTS WITH CHILD SUPPORT 
              ARREARAGES.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is 
amended by inserting after paragraph (11) the following:
            ``(12) Procedures requiring that--
                    ``(A) upon a determination by the State agency 
                referred to in section 402(a)(3) that the noncustodial 
                parent of any child who is applying for or receiving 
                aid under the State plan approved under part A owes 
                child support (as defined in section 462(b)) with 
                respect to the child, is in arrears in the payment of 
                such support in an amount that is not less than twice 
                the amount of the monthly child support obligation, is 
                not incapacitated, and is not subject to a court-
                approved plan for payment of such arrearage, the State 
                agency referred to in section 402(a)(3) send to the 
                noncustodial parent a letter notifying the noncustodial 
                parent that the noncustodial parent--
                            ``(i) is required to pay child support with 
                        respect to the child; and
                            ``(ii) is subject to fines and other 
                        penalties for failure to pay the full amount of 
                        such support in a timely manner; and
                    ``(B) if, by the end of the 30-day period that 
                begins with the date the letter is sent pursuant to 
                subparagraph (A), the amount of the arrearage has not 
                decreased by at least a percentage amount specified by 
                the State agency, the State seek a court order 
                requiring the noncustodial parent--
                            ``(i) to participate in a job search 
                        program established by the State, for not less 
                        than 2 weeks and not more than 4 weeks; and
                            ``(ii) if, by the end of the 30-day period 
                        beginning on the date the order is entered, the 
                        amount of the arrearage has not decreased by at 
                        least a percentage amount specified by the 
                        State agency, to participate in a work program 
                        established by the State, for not less than 35 
                        hours per week (or, if the program also 
                        requires job search, for not less than 30 hours 
                        per week).''.
                                 <all>