110 HR 7280 IH: Elimination of Single Parent Tax Act U.S. House of Representatives 2008-11-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7280 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.

1.

Short title

This Act may be cited as the Elimination of Single Parent Tax Act of 2008.

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.

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).

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.