II 

110TH CONGRESS 

2D SESSION S. 3706 

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 SENATE OF THE UNITED STATES 

NOVEMBER 19, 2008 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Finance 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elimination of the Sin5 gle Parent Tax Act of 2008’’. 

6 SEC. 2. PROHIBITION ON STATES FROM CHARGING CHILD 

7 SUPPORT RECIPIENTS FOR THE COLLECTION 

8 OF CHILD SUPPORT. 

9 Section 454(6)(B)(ii) of the Social Security Act (42 

10 U.S.C. 654(6)(B)(ii)) is amended— 


jbell on PROD1PC69 with BILLS
2 

•S 3706 IS

1 (1) by striking ‘‘retained by the State from sup2 port collected on behalf of the individual (but not 

3 from the first $500 so collected), paid by the indi4 vidual applying for the services,’’; and 

5 (2) by striking the comma after ‘‘absent par6 ent’’. 

7 SEC. 3. CONFORMING AMENDMENTS. 

8 Section 457(a)(4) of the Social Security Act (42 

9 U.S.C. 657(a)(4)), as amended by section 7301 of the 

10 Deficit Reduction Act of 2005, is amended— 

11 (1) by striking ‘‘the portion of’’; and 

12 (2) by striking ‘‘that remains after withholding 

13 any fee pursuant to section 454(6)(B)(ii)’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 (a) IN GENERAL.—Except as otherwise provided in 

16 subsection (b), each amendment made by this Act to part 

17 D of title IV of the Social Security Act shall take effect 

18 on October 1, 2009, and shall apply to payments under 

19 such part for quarters beginning on or after such date. 

20 (b) DELAY PERMITTED IF STATE LEGISLATION RE21 QUIRED.— 

22 (1) IN GENERAL.—Until the date described in 

23 paragraph (2), a qualified State plan shall not be re24 garded as failing to comply with part D of title IV 

25 of the Social Security Act, solely by reason of the 


jbell on PROD1PC69 with BILLS
3 

•S 3706 IS

1 plan failing to comply with the additional require2 ments imposed by reason of this Act. 

3 (2) DATE DESCRIBED.— 

4 (A) IN GENERAL.—The date described in 

5 this paragraph is the first day of the first cal6 endar quarter that begins after the close of the 

7 first regular session of the State legislature that 

8 ends after the effective date of this Act. 

9 (B) SPECIAL RULE.—For purposes of sub10 paragraph (A), in the case of a State that has 

11 a 2-year legislative session, each year of the ses12 sion if deemed to be a separate regular session 

13 of the State legislature. 

14 (3) QUALIFIED STATE PLAN.—In paragraph 

15 (1), the term ‘‘qualified State plan’’ means a State 

16 plan, approved under part D of title IV of the Social 

17 Security Act, which the Secretary of Health and 

18 Human Services determines will require State legis19 lature (other than legislation appropriating funds) in 

20 order for the plan to meet the additional require21 ments imposed by reason of this Act. 

Æ 


jbell on PROD1PC69 with BILLS