133 cosponsors
TABLE OF CONTENTS:
Title I: Adoption Assistance
Title II: Eldercare Assistance
Title III: Child Protection
Title IV: Family Privacy Protection
Title V: Child Support Enforcement
Family Reinforcement Act - Title I: Adoption Assistance - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision.
(Sec. 101) Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse.
Title II: Eldercare Assistance - Allows an individual taxpayer an income tax credit of $500 for each member of the household maintained by the taxpayer who: (1) is the taxpayer's, or taxpayer's spouse's, parent or stepparent; (2) is certified by a physician as unable to perform (without substantial assistance from another individual) at least two activities of daily living (bathing, dressing, toileting, transferring in and out of a bed or chair, and eating), or has a similar level of disability due to cognitive impairment; and (3) has the taxpayer's home as his or her principal place of abode for more than half the taxable year.
Title III: Child Protection - Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the sexual exploitation and abuse of children to increase the offense level by two levels if a computer was used in the transportation or shipment of a visual depiction of the child.
(Sec. 302) Establishes a mandatory minimum sentence of three years for transporting an individual under 18 years of age for prostitution purposes.
(Sec. 303) Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the transporting of an individual under 18 years of age for prostitution purposes. Requires such guidelines 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) Requires: (1) a minimum three-year imprisonment for sexual abuse of a minor; and (2) a minimum three-year to maximum 15- year imprisonment for sexual abuse of a ward.
Title IV: Family Privacy Protection - Declares that no program or activity funded wholly or partially by any Federal department or agency shall require a minor to submit without written parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent) to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) potentially embarrassing mental or psychological problems; (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 legally recognized as privileged, such as those with lawyers, physicians, and clergy; (7) the minor's household income (except as required by law to determine eligibility for participation in a program or for receipt of program financial assistance); or (8) religious beliefs. Exempts from this prohibition tests intended to measure academic performance, except as they would require information listed in (1) through (6). Prescribes agency notice requirements.
Title V: Child Support Enforcement - Amends the Federal judicial code to require the appropriate authorities of every State to enforce child support orders of another State without modification.
(Sec. 502) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a specified designee of the Secretary of Health and Human Services to 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 specified terms in each child support order.
(Sec. 503) Directs States to enact procedures subjecting noncustodial parents with certain child support arrearages with respect to a child receiving Aid to Families With Dependent Children (AFDC) to civil penalties and job search and work program participation requirements until such arrearages are reduced by a specified percentage.
[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>
Introduced in House
Introduced in House
Title 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.
Title 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.
Title 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.
Title 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.
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Referred to the Subcommittee on Human Resources.
Committee Hearings Held.
Referred to the Subcommittee on Government Management, Information and Technology.
See H.R.1215.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
For Further Action See H.R.1271.