103d CONGRESS
2d Session
 H. R. XX
IN THE HOUSE OF REPRESENTATIVES
Mr. XXXX introduced the following bill; which was referred to the
Committee on XXXXXXXXXXXXXXX
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 adoptions
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.
For purposes of this paragraph, adjusted gross income shall be
determined without regard to section 136.
  ``(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
expenses paid from any funds 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.''.
  (b) Clerical Amendment.--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
chapter 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 a parent or grandparent of the taxpayer,
  ``(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).
  ``(d) Special Rules.--For purposes of this section--
  ``(1) Maintaining a household.--An individual shall be treated as
maintaining a household for any period if over half the cost of
maintaining the household for such period is furnished by such
individual (or, if such individual is married during such period, by
such individual and his spouse).
  ``(2) Married couples must file joint return.--If the taxpayer is
married at the close of the taxable year, the credit under subsection
(a) shall be allowed only if the taxpayer and his spouse file a joint
return for the taxable year.
  ``(3) Marital status.--An individual legally separated from his spouse
under a decree of divorce or separate maintenance shall not be
considered as married.
  ``(4) Certain married individuals living apart.--If--
  ``(A) an individual who is married and who files a separate return--
  ``(i) maintains a household which includes as a member one or more
qualified persons, and
  ``(ii) furnishes over half of the cost of maintaining such household
during such taxable year, and
  ``(B) during the last 6 months of such taxable year such individual's
spouse is not a member of such household,
such individual shall not be considered as married.
  ``(e) Regulations.--The Secretary shall prescribe such regulations as
may be necessary to carry out the purposes of this section.''
  (b) Clerical Amendment.--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 by striking
``or imprisoned not more than ten 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;
  ``(K) the identification (FIPS code, name, and address) of the court
that issued the order;
  ``(L) any information on health care support required by the order;
and
  ``(M) the party to contact if additional information is obtained.''.
SEC. 503. WORK REQUIREMENT FOR NONCUSTODIAL PARENTS WITH CHILD SUPPORT
ARREARAGES.
  (a) In General.--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).''.
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