[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7280 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7280

  To amend part D of title IV of the Social Security Act to prohibit 
  States from charging child support recipients for the collection of 
                             child support.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2008

 Mrs. Gillibrand introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend part D of title IV of the Social Security Act to prohibit 
  States from charging child support recipients for the collection of 
                             child support.

    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 ``Elimination of Single Parent Tax Act 
of 2008''.

SEC. 2. PROHIBITION ON STATES FROM CHARGING CHILD SUPPORT RECIPIENTS 
              FOR THE COLLECTION OF CHILD SUPPORT.

    Section 454(6)(B)(ii) of the Social Security Act (42 U.S.C. 
654(6)(B)(ii)) is amended--
            (1) by striking ``retained by the State from support 
        collected on behalf of the individual (but not from the first 
        $500 so collected), paid by the individual applying for the 
        services,''; and
            (2) by striking the comma after ``absent parent''.

SEC. 3. CONFORMING AMENDMENTS.

    Section 457(a)(4) of the Social Security Act (42 U.S.C. 657(a)(4)), 
as amended by section 7301 of the Deficit Reduction of 2005, is 
amended--
            (1) by striking ``the portion of''; and
            (2) by striking ``that remains after withholding any fee 
        pursuant to section 454(6)(B)(ii)''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in subsection (b), 
each amendment made by this Act to part D of title IV of the Social 
Security Act shall take effect on October 1, 2009, and shall apply to 
payments under such part for quarters beginning on or after such date.
    (b) Delay Permitted if State Legislation Required.--
            (1) In general.--Until the date described in paragraph (2), 
        a qualified State plan shall not be regarded as failing to 
        comply with part D of title IV of the Social Security Act, 
        solely by reason of the plan failing to comply with the 
        additional requirements imposed by reason of this Act.
            (2) Date described.--
                    (A) In general.--The date described in this 
                paragraph is the first day of the first calendar 
                quarter that begins after the close of the first 
                regular session of the State legislature that ends 
                after the effective date of this Act.
                    (B) Special rule.--For purposes of subparagraph 
                (A), in the case of a State that has a 2-year 
                legislative session, each year of the session is deemed 
                to be a separate regular session of the State 
                legislature.
            (3) Qualified state plan.--In paragraph (1), the term 
        ``qualified State plan'' means a State plan, approved under 
        part D of title IV of the Social Security Act, which the 
        Secretary of Health and Human Services determines will require 
        State legislation (other than legislation appropriating funds) 
        in order for the plan to meet the additional requirements 
        imposed by reason of this Act.
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