I
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 them-
selves, 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 Caro-
lina, 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. SEN-
SENBRENNER, 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 Jer-
sey, 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 Kan-
sas) 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
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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 deter-
mined 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 Representa-
tives 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 sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to refundable credits) is amended by redes-
ignating 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 in-
dividual, there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year the amount
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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 allow-
able 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 tax-
payer’s adjusted gross income exceeds $60,000,
bears to
‘‘(B) $40,000.
‘‘(3) DENIAL OF DOUBLE BENEFIT.—
‘‘(A) IN GENERAL.—No credit shall be al-
lowed 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 ex-
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tent that funds for such expense are received
under any Federal, State, or local program.
‘‘(c) QUALIFIED ADOPTION EXPENSES.—For pur-
poses of this section, the term ‘qualified adoption ex-
penses’ 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 tax-
payer 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 individ-
ual’s spouse.
‘‘(d) MARRIED COUPLES MUST FILE JOINT RE-
TURNS.—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 be-
fore 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.
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‘‘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 sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to refundable credits) is amended by redes-
ignating 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 in-
dividual who maintains a household which includes as a
member one or more qualified persons, there shall be al-
lowed 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—
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of a tub or shower, and washing and drying
oneself.
‘‘(B) DRESSING.—The overall complex be-
havior of getting clothes from closets and draw-
ers 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.
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‘‘(d) REGULATIONS.—The Secretary shall prescribe
such regulations as may be necessary to carry out the pur-
poses 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 cus-
todial 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 COM-
PUTER IN SEXUAL CRIMES AGAINST CHIL-
DREN.
The United States Sentencing Commission shall
amend the sentencing guidelines applicable to section
2252 of title 18, United States Code, to increase the of-
fense level by 2 levels if a computer was used in the trans-
porting or shipment of the visual depiction.
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SEC. 302. MANDATORY MINIMUM SENTENCE FOR PROS-
TITUTION OF CHILDREN.
Section 2423 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘or impris-
oned not more than ten years, or both.’’ and insert-
ing ‘‘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 PROS-
TITUTION 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’’.
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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 Fed-
eral department or agency shall require a minor to submit
to a survey, analysis, or evaluation that reveals informa-
tion 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 de-
meaning 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
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for participation in a program or for receiving finan-
cial 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 informa-
tion 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, anal-
ysis, or evaluation of minors shall establish procedures by
which the department or agency, or its grantees, shall no-
tify 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—