STATE PATERNITY ESTABLISHMENT PROGRAMS.

SEC. 13721. STATE PATERNITY ESTABLISHMENT PROGRAMS. (a) Performance Standards.— Section 452(g) (42 U.S.C. 652(g)) is amended— (1) in paragraph (1)— (A) by striking “1991” and inserting “1994”; (B) by inserting “is based on reliable data and” before “equals or exceeds”; (C) by inserting “(rounded to the nearest whole percentage point)” before “equals”; and (D) by striking subparagraphs (A), (B), and (C) and inserting the following: “(A) 75 percent; “(B) for a State with a paternity establishment percentage of not less than 50 percent but less than 75 percent for such fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 3 percentage points; “(C) for a State with a paternity establishment percentage of not less than 45 percent but less than 50 percent for such fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 4 percentage points; “(D) for a State with a paternity establishment percentage of not less than 40 percent but less than 45 percent for such fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 5 percentage points; or “(E) for a State with a paternity establishment percentage of less than 40 percent for such fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 6 percentage points.”; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking “(or under all such plans)” each place such term appears and inserting “or E”; (ii) in clause (i), by inserting “during the fiscal year” before the comma; (iii) in clause (ii)— (I) in subclause (I), by striking “for such” and inserting “as of the end of the”; and (II) in subclause (II), by striking “for the” and inserting “as of the end of the”; (iv) in clause (iii), by inserting “or acknowledged during the fiscal year” before the comma; and (v) in the matter following clause (iii)— (I) by striking “have been” and inserting “were”; (II) by inserting “during the immediately preceding fiscal year” after “wedlock”; (III) by striking “is being” and inserting “was being”; 107 STAT. 659 (IV) by striking “for such” and inserting “as of the end of such preceding”; (V) by striking “are being” and inserting “were being”; and (VI) by striking “for the” and inserting “as of the end of such preceding”; (B) by striking subparagraph (B) and inserting the following: “(B) the term ‘reliable data’ means the most recent data available which are found by the Secretary to be reliable for purposes of this section.”; (C) by inserting “unless paternity is established for such child” after “the death of a parent” and (D) by inserting “or any child with respect to whom the State agency administering the plan under part E determines (as provided in section 454(4)(B)) that it is against the best interests of such child to do so” after “cooperate under section 402(a)(26)”. (b) State Plan Requirements for the Establishment of Paternity.— Section 466(a) (42 U.S.C. 666(a)) is amended— (1) in paragraph (2)— (A) by striking “at the option of the State,”; and (B) by inserting “or paternity establishment” after “support order issuance and enforcement”; (2) in paragraph (5), by adding at the end the following: “(C) Procedures for a simple civil process for voluntarily acknowledging paternity under which the State must provide that the rights and responsibilities of acknowledging paternity are explained and ensure that due process safe-guards are afforded. Such procedures must include a hospital-based program for the voluntary acknowledgment of paternity during the period immediately before or after the birth of a child. “(D) Procedures under which the voluntary acknowledgment of paternity creates a rebuttable, or at the option of the State, conclusive presumption of paternity, and under which such voluntary acknowledgment is admissible as evidence of paternity. “(E) Procedures under which the voluntary acknowledgment of paternity must be recognized as a basis for seeking a support order without requiring any further proceedings to establish paternity. “(F) Procedures which provide that (i) any objection to genetic testing results must be made in writing within a specified number of days before any hearing at which such results may be introduced into evidence, and (ii) if no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. “(G) Procedures which create a rebuttable or, at the option of the State, conclusive presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the father of the child. “(H) Procedures requiring a default order to be entered in a paternity case upon a showing of service of process on the defendent and any additional showing required by State law.”; and 107 STAT. 660 (3) by inserting after paragraph (10) the following new paragraph: “(11) Procedures under which a State must give full faith and credit to a determination of paternity made by any other State, whether established through voluntary acknowledgment or through administrative or judicial processes.”. (c) Effective Date.— The amendments made by this section shall become effective with respect to a State on the later of— (1) October 1, 1993 or, (2) the date of enactment by the legislature of such State of all laws required by such amendments, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.