PERFORMANCE STANDARDS FOR STATE PATERNITY ESTABLISHMENT PROGRAMS.

SEC. 111. PERFORMANCE STANDARDS FOR STATE PATERNITY ESTABLISHMENT PROGRAMS. (a) Standards for State Programs.— Section 452 of the Social Security Act is amended by adding at the end the following new subsection: “(g) (1) A State’s program under this part shall be found, for purposes of section 403(h), not to have complied substantially with the requirements of this part unless, for any fiscal year beginning on or after October 1, 1991, its paternity establishment percentage for such fiscal year equals or exceeds— “(A) 50 percent; “(B) the paternity establishment percentage of the State for the fiscal year 1988, increased by the applicable number of percentage points; or “(C) the paternity establishment percentage determined with respect to all States for such fiscal year. “(2) For purposes of this section— “(A) the term ‘paternity establishment percentage’ means, with respect to a State (or all States, as the case may be) for a fiscal year, the ratio (expressed as a percentage) that the total number of children— “(i) who have been born out of wedlock, 102 STAT. 2349 “(ii) (I) except as provided in the last sentence of this paragraph, with respect to whom aid is being paid under the State’s plan approved under part A (or under all such plans) for such fiscal year, or (II) with respect to whom services are being provided under the State’s plan approved under this part (or under all such plans) for the fiscal year pursuant to an application submitted under section 454(6), and “(iii) the paternity of whom has been established, bears to the total number of children who have been born out of wedlock and (except as provided in such last sentence) with respect to whom aid is being paid under the State’s plan approved under part A (or under all such plans) for such fiscal year or with respect to whom services are being provided under the State’s plan approved under this part (or under all such plans) for the fiscal year pursuant to an application submitted under section 454(6); and “(B) the applicable number of percentage points means, with respect to a fiscal year (beginning with the fiscal year 1991), 3 percentage points multiplied by the number of fiscal years after the fiscal year 1989 and before the beginning of such fiscal year. For purposes of subparagraph (A), the total number of children shall not include any child who is a dependent child by reason of the death of a parent or any child with respect to whom an applicant or recipient is found to have good cause for refusing to cooperate under section 402(a)(26). “(3) (A) The requirements of this subsection are in addition to and shall not supplant any other requirement (that is not inconsistent with such requirements) established in regulations by the Secretary for the purpose of determining (for purposes of section 403(h)) whether the program of a State operated under this part shall be treated as complying substantially with the requirements of this part. “(B) The Secretary may modify the requirements of this subsection to take into account such additional variables as the Secretary identifies (including the percentage of children born out-of-wedlock in a State) that affect the ability of a State to meet the requirements of this subsection. “(C) The Secretary shall submit an annual report to the Congress that sets forth the data upon which the paternity establishment percentages for States for a fiscal year are based, lists any additional variables the Secretary has identified under subparagraph (A), and describes State performance in establishing paternity.’. (b) Genetic Tests May Be Required By Contesting Party.— Section 466(a)(5) of such Act is amended— (1) by inserting “(A)” after “(5)”; and (2) by adding at the end the following new subparagraph: “(B) Procedures under which the State is required (except in cases where the individual involved has been found under section 402(a)(26)(B) to have good cause for refusing to cooperate) to require the child and all other parties, in a contested paternity case, to submit to genetic tests upon the request of any such party.”. (c) States May Charge Individuals Not Receiving AFDC For Costs of Genetic Tests To Establish Paternity.— Section 454(6) of such Act is amended— (1) by redesignating clause (D) as clause (E); and 102 STAT. 2350 (2) by inserting “(D) a fee (in accordance with regulations of the Secretary) for performing genetic tests may be imposed on any individual who is not a recipient of aid under a State plan approved under part A,” after “section 464(a)(2),”. (d) Encouragement of Civil Processes.— Part D of title IV of such Act is amended by adding at the end the following new section: “encouragement of states to adopt simple civil process for voluntarily acknowledging paternity and a civil procedure for establishing paternity in contested cases “Sec. 468. In the administration of the child support enforcement program under this part, each State is encouraged to establish and implement a simple civil process for voluntarily acknowledging paternity and a civil procedure for establishing paternity in contested cases.”. (e) Requirement To Permit Paternity Establishment for Child Under 18.— Section 466(a)(5)(A) of such Act (as so designated by subsection (b) of this section) is amended— (1) by inserting “(i)” before “(A)”; and (2) by inserting at the end the following new clause: “(ii) As of August 16, 1984, the requirement of clause (i) shall also apply to any child for whom paternity has not yet been established and any child for whom a paternity action was brought but dismissed because a statute of limitations of less than 18 years was then in effect in the State.”. (f) Effective Date; Implementation.— (1) The amendments made by subsections (a), (d), and (e) shall become effective on the date of the enactment of this Act. (2) The amendments made by subsections (b) and (c) shall become effective on the first day of the first month beginning one year or more after the date of the enactment of this Act. (3) The Secretary of Health and Human Services shall collect the data necessary to implement the requirements of section 452(g) of the Social Security Act (as added by subsection (a) of this section) and may, in carrying out the requirement of determining a State’s paternity establishment percentage for the fiscal year 1988, compute such percentage on the basis of data collected with respect to the last quarter of such fiscal year (or, if such data are not available, the first quarter of the fiscal year 1989) if the Secretary determines that data for the full year are not available.