S. 3706 – Reading Mode

110th CONGRESS

2d Session

S. 3706

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.

Short title

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

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.

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 Act 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).

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 if 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 legislature (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by reason of this Act.