924
CHAPTER 3—STREAMLINING AND
UNIFORMITY OF PROCEDURES
SEC. 4321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding
at the end the following new subsection:
‘‘(f) UNIFORM
INTERSTATE
FAMILY
SUPPORT
ACT.—
‘‘(1) ENACTMENT AND USE.—In order to sat-
isfy section 454(20)(A), on and after January 1,
1998, each State must have in effect the Uniform
Interstate Family Support Act, as approved by the
American Bar Association on February 9, 1993, to-
gether with any amendments officially adopted be-
fore January 1, 1998 by the National Conference of
Commissioners on Uniform State Laws.
‘‘(2) EMPLOYERS
TO
FOLLOW
PROCEDURAL
RULES OF STATE WHERE EMPLOYEE WORKS.—The
State law enacted pursuant to paragraph (1) shall
provide that an employer that receives an income
withholding order or notice pursuant to section 501
of the Uniform Interstate Family Support Act follow
the procedural rules that apply with respect to such
order or notice under the laws of the State in which
the obligor works.’’.
925
SEC. 4322. IMPROVEMENTS TO FULL FAITH AND CREDIT
FOR CHILD SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘subsection
(e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
‘‘ ‘child’s home State’ means the State in which a
child lived with a parent or a person acting as parent for
at least 6 consecutive months immediately preceding the
time of filing of a petition or comparable pleading for sup-
port and, if a child is less than 6 months old, the State
in which the child lived from birth with any of them. A
period of temporary absence of any of them is counted
as part of the 6-month period.’’;
(3) in subsection (c), by inserting ‘‘by a court
of a State’’ before ‘‘is made’’;
(4) in subsection (c)(1), by inserting ‘‘and sub-
sections (e), (f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
926
(6) in subsection (e), by striking ‘‘make a modi-
fication of a child support order with respect to a
child that is made’’ and inserting ‘‘modify a child
support order issued’’;
(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing new subsection:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If 1 or more child support orders have been issued with
regard to an obligor and a child, a court shall apply the
following rules in determining which order to recognize for
purposes of continuing, exclusive jurisdiction and enforce-
ment:
927
‘‘(1) If only 1 court has issued a child support
order, the order of that court must be recognized.
‘‘(2) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and only
1 of the courts would have continuing, exclusive ju-
risdiction under this section, the order of that court
must be recognized.
‘‘(3) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and more
than 1 of the courts would have continuing, exclusive
jurisdiction under this section, an order issued by a
court in the current home State of the child must
be recognized, but if an order has not been issued
in the current home State of the child, the order
most recently issued must be recognized.
‘‘(4) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and none
of the courts would have continuing, exclusive juris-
diction under this section, a court may issue a child
support order, which must be recognized.
‘‘(5) The court that has issued an order recog-
nized under this subsection is the court having con-
tinuing, exclusive jurisdiction.’’;
(11) in subsection (g) (as so redesignated)—
928
(A) by striking ‘‘PRIOR’’ and inserting
‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
(A) in paragraph (2), by inserting ‘‘includ-
ing the duration of current payments and other
obligations of support’’ before the comma; and
(B) in paragraph (3), by inserting ‘‘arrears
under’’ after ‘‘enforce’’; and
(13) by adding at the end the following new
subsection:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is
no individual contestant or child residing in the issuing
State, the party or support enforcement agency seeking
to modify, or to modify and enforce, a child support order
issued in another State shall register that order in a State
with jurisdiction over the nonmovant for the purpose of
modification.’’.
SEC. 4323. ADMINISTRATIVE ENFORCEMENT IN INTER-
STATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 4315 and 4317(a) of this Act, is amended by in-
serting after paragraph (13) the following new paragraph:
929
‘‘(14) 
ADMINISTRATIVE
ENFORCEMENT
IN
INTERSTATE CASES.—Procedures under which—
‘‘(A)(i) the State shall respond within 5
business days to a request made by another
State to enforce a support order; and
‘‘(ii) the term ‘business day’ means a day
on which State offices are open for regular
business;
‘‘(B) the State may, by electronic or other
means, transmit to another State a request for
assistance in a case involving the enforcement
of a support order, which request—
‘‘(i) shall include such information as
will enable the State to which the request
is transmitted to compare the information
about the case to the information in the
data bases of the State; and
‘‘(ii) shall constitute a certification by
the requesting State—
‘‘(I) of the amount of support
under the order the payment of which
is in arrears; and
‘‘(II) that the requesting State
has complied with all procedural due
930
process requirements applicable to the
case;
‘‘(C) if the State provides assistance to an-
other State pursuant to this paragraph with re-
spect to a case, neither State shall consider the
case to be transferred to the caseload of such
other State; and
‘‘(D) the State shall maintain records of—
‘‘(i) the number of such requests for
assistance received by the State;
‘‘(ii) the number of cases for which
the State collected support in response to
such a request; and
‘‘(iii) the amount of such collected
support.’’.
SEC. 4324. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) PROMULGATION.—Section 452(a) (42 U.S.C.
652(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
931
‘‘(11) not later than October 1, 1996, after con-
sulting with the State directors of programs under
this part, promulgate forms to be used by States in
interstate cases for—
‘‘(A) collection of child support through in-
come withholding;
‘‘(B) imposition of liens; and
‘‘(C) administrative subpoenas.’’.
(b) USE BY STATES.—Section 454(9) (42 U.S.C.
654(9)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) not later than March 1, 1997, in
using the forms promulgated pursuant to sec-
tion 452(a)(11) for income withholding, imposi-
tion of liens, and issuance of administrative
subpoenas in interstate child support cases;’’.
932
SEC. 4325. STATE LAWS PROVIDING EXPEDITED PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666), as amended by section 4314 of this Act, is
amended—
(1) in subsection (a)(2), by striking the first
sentence and inserting the following: ‘‘Expedited ad-
ministrative and judicial procedures (including the
procedures specified in subsection (c)) for establish-
ing paternity and for establishing, modifying, and
enforcing support obligations.’’; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) EXPEDITED
PROCEDURES.—The procedures
specified in this subsection are the following:
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN-
CY.—Procedures which give the State agency the au-
thority to take the following actions relating to es-
tablishment of paternity or to establishment, modi-
fication, or enforcement of support orders, without
the necessity of obtaining an order from any other
judicial or administrative tribunal, and to recognize
and enforce the authority of State agencies of other
States to take the following actions:
933
‘‘(A) GENETIC TESTING.—To order genetic
testing for the purpose of paternity establish-
ment as provided in section 466(a)(5).
‘‘(B) FINANCIAL
OR
OTHER
INFORMA-
TION.—To subpoena any financial or other in-
formation needed to establish, modify, or en-
force a support order, and to impose penalties
for failure to respond to such a subpoena.
‘‘(C) RESPONSE
TO
STATE
AGENCY
RE-
QUEST.—To require all entities in the State (in-
cluding for-profit, nonprofit, and governmental
employers) to provide promptly, in response to
a request by the State agency of that or any
other State administering a program under this
part, information on the employment, com-
pensation, and benefits of any individual em-
ployed by such entity as an employee or con-
tractor, and to sanction failure to respond to
any such request.
‘‘(D) ACCESS
TO
INFORMATION
CON-
TAINED IN CERTAIN RECORDS.—To obtain ac-
cess, subject to safeguards on privacy and infor-
mation security, and subject to the nonliability
of entities that afford such access under this
subparagraph, to information contained in the
934
following records (including automated access,
in the case of records maintained in automated
data bases):
‘‘(i) Records of other State and local
government agencies, including—
‘‘(I) vital statistics (including
records of marriage, birth, and di-
vorce);
‘‘(II) State and local tax and rev-
enue records (including information
on residence address, employer, in-
come and assets);
‘‘(III) records concerning real
and titled personal property;
‘‘(IV) records of occupational and
professional licenses, and records con-
cerning the ownership and control of
corporations, partnerships, and other
business entities;
‘‘(V) 
employment 
security
records;
‘‘(VI) records of agencies admin-
istering public assistance programs;
‘‘(VII) records of the motor vehi-
cle department; and
935
‘‘(VIII) corrections records.
‘‘(ii) Certain records held by private
entities with respect to individuals who owe
or are owed support (or against or with re-
spect to whom a support obligation is
sought), consisting of—
‘‘(I) the names and addresses of
such individuals and the names and
addresses of the employers of such in-
dividuals, as appearing in customer
records of public utilities and cable
television companies, pursuant to an
administrative subpoena authorized by
subparagraph (B); and
‘‘(II) information (including in-
formation on assets and liabilities) on
such individuals held by financial in-
stitutions.
‘‘(E) CHANGE
IN
PAYEE.—In cases in
which support is subject to an assignment in
order to comply with a requirement imposed
pursuant to part A or section 1912, or to a re-
quirement to pay through the State disburse-
ment unit established pursuant to section
454B, upon providing notice to obligor and obli-
936
gee, to direct the obligor or other payor to
change the payee to the appropriate government
entity.
‘‘(F) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
sections (a)(1)(A) and (b) of section 466.
‘‘(G) SECURING
ASSETS.—In cases in
which there is a support arrearage, to secure
assets to satisfy the arrearage by—
‘‘(i) intercepting or seizing periodic or
lump-sum payments from—
‘‘(I) a State or local agency, in-
cluding unemployment compensation,
workers’ compensation, and other ben-
efits; and
‘‘(II) judgments, settlements, and
lotteries;
‘‘(ii) attaching and seizing assets of
the obligor held in financial institutions;
‘‘(iii) attaching public and private re-
tirement funds; and
‘‘(iv) imposing liens in accordance
with subsection (a)(4) and, in appropriate
cases, to force sale of property and dis-
tribution of proceeds.
937
‘‘(H) INCREASE
MONTHLY
PAYMENTS.—
For the purpose of securing overdue support, to
increase the amount of monthly support pay-
ments to include amounts for arrearages, sub-
ject to such conditions or limitations as the
State may provide.
Such procedures shall be subject to due process safe-
guards, including (as appropriate) requirements for
notice, opportunity to contest the action, and oppor-
tunity for an appeal on the record to an independent
administrative or judicial tribunal.
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—
The expedited procedures required under subsection
(a)(2) shall include the following rules and author-
ity, applicable with respect to all proceedings to es-
tablish paternity or to establish, modify, or enforce
support orders:
‘‘(A) LOCATOR
INFORMATION; PRESUMP-
TIONS
CONCERNING
NOTICE.—Procedures
under which—
‘‘(i) each party to any paternity or
child support proceeding is required (sub-
ject to privacy safeguards) to file with the
tribunal and the State case registry upon
entry of an order, and to update as appro-
938
priate, information on location and identity
of the party, including social security num-
ber, residential and mailing addresses, tele-
phone number, driver’s license number,
and name, address, and telephone number
of employer; and
‘‘(ii) in any subsequent child support
enforcement action between the parties,
upon sufficient showing that diligent effort
has been made to ascertain the location of
such a party, the tribunal may deem State
due process requirements for notice and
service of process to be met with respect to
the party, upon delivery of written notice
to the most recent residential or employer
address filed with the tribunal pursuant to
clause (i).
‘‘(B) STATEWIDE
JURISDICTION.—Proce-
dures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
ties; and
939
‘‘(ii) in a State in which orders are is-
sued by courts or administrative tribunals,
a case may be transferred between local ju-
risdictions in the State without need for
any additional filing by the petitioner, or
service of process upon the respondent, to
retain jurisdiction over the parties.
‘‘(3) COORDINATION
WITH
ERISA.—Notwith-
standing subsection (d) of section 514 of the Em-
ployee Retirement Income Security Act of 1974 (re-
lating to effect on other laws), nothing in this sub-
section shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b),
and (c) of such section 514 as it applies with respect
to any procedure referred to in paragraph (1) and
any expedited procedure referred to in paragraph
(2), except to the extent that such procedure would
be consistent with the requirements of section
206(d)(3) of such Act (relating to qualified domestic
relations orders) or the requirements of section
609(a) of such Act (relating to qualified medical
child support orders) if the reference in such section
206(d)(3) to a domestic relations order and the ref-
erence in such section 609(a) to a medical child sup-
port order were a reference to a support order re-
940
ferred to in paragraphs (1) and (2) relating to the
same matters, respectively.’’.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 4344(a)(2) and as
amended by sections 4311 and 4312(c) of this Act, is
amended by adding at the end the following new sub-
section:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required by this section shall be
used, to the maximum extent feasible, to implement the
expedited administrative procedures required by section
466(c).’’.
CHAPTER 4—PATERNITY ESTABLISHMENT
SEC. 4331. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended to read as follows:
‘‘(5) PROCEDURES CONCERNING PATERNITY ES-
TABLISHMENT.—
‘‘(A) ESTABLISHMENT
PROCESS
AVAIL-
ABLE FROM BIRTH UNTIL AGE 18.—
‘‘(i) Procedures which permit the es-
tablishment of the paternity of a child at
any time before the child attains 18 years
of age.
941
‘‘(ii) As of August 16, 1984, clause (i)
shall also apply to a child for whom pater-
nity has not been established or for whom
a paternity action was brought but dis-
missed because a statute of limitations of
less than 18 years was then in effect in the
State.
‘‘(B) PROCEDURES CONCERNING GENETIC
TESTING.—
‘‘(i) GENETIC TESTING REQUIRED IN
CERTAIN CONTESTED CASES.—Procedures
under which the State is required, in a
contested paternity case (unless otherwise
barred by State law) to require the child
and all other parties (other than individ-
uals found under section 454(29) to have
good cause and other exceptions for refus-
ing to cooperate) to submit to genetic tests
upon the request of any such party, if the
request is supported by a sworn statement
by the party—
‘‘(I) alleging paternity, and set-
ting forth facts establishing a reason-
able possibility of the requisite sexual
contact between the parties; or
942
‘‘(II) denying paternity, and set-
ting forth facts establishing a reason-
able possibility of the nonexistence of
sexual contact between the parties.
‘‘(ii) OTHER REQUIREMENTS.—Proce-
dures which require the State agency, in
any case in which the agency orders ge-
netic testing—
‘‘(I) to pay costs of such tests,
subject to recoupment (if the State so
elects) from the alleged father if pa-
ternity is established; and
‘‘(II) to obtain additional testing
in any case if an original test result is
contested, upon request and advance
payment by the contestant.
‘‘(C) VOLUNTARY
PATERNITY
ACKNOWL-
EDGMENT.—
‘‘(i) SIMPLE CIVIL PROCESS.—Proce-
dures for a simple civil process for volun-
tarily acknowledging paternity under which
the State must provide that, before a
mother and a putative father can sign an
acknowledgment of paternity, the mother
and the putative father must be given no-
943
tice, orally and in writing, of the alter-
natives to, the legal consequences of, and
the rights (including, if 1 parent is a
minor, any rights afforded due to minority
status) and responsibilities that arise from,
signing the acknowledgment.
‘‘(ii) HOSPITAL-BASED
PROGRAM.—
Such procedures must include a hospital-
based program for the voluntary acknowl-
edgment of paternity focusing on the pe-
riod immediately before or after the birth
of a child, unless good cause and other ex-
ceptions exist which—
‘‘(I) shall be defined, taking into
account the best interests of the child,
and
‘‘(II) shall be applied in each
case,
by, at the option of the State, the State
agency administering the State program
under part A, this part, title XV, or title
XIX.
‘‘(iii) 
PATERNITY
ESTABLISHMENT
SERVICES.—
944
‘‘(I) 
STATE-OFFERED
SERV-
ICES.—Such procedures must require
the State agency responsible for main-
taining birth records to offer vol-
untary paternity establishment serv-
ices.
‘‘(II) REGULATIONS.—
‘‘(aa) SERVICES
OFFERED
BY
HOSPITALS
AND
BIRTH
RECORD
AGENCIES.—The Sec-
retary shall prescribe regulations
governing voluntary paternity es-
tablishment services offered by
hospitals and birth record agen-
cies.
‘‘(bb) SERVICES
OFFERED
BY OTHER ENTITIES.—The Sec-
retary shall prescribe regulations
specifying the types of other enti-
ties that may offer voluntary pa-
ternity 
establishment 
services,
and governing the provision of
such services, which shall include
a requirement that such an entity
must use the same notice provi-
945
sions used by, use the same ma-
terials used by, provide the per-
sonnel providing such services
with the same training provided
by, and evaluate the provision of
such services in the same manner
as the provision of such services
is evaluated by, voluntary pater-
nity establishment programs of
hospitals and birth record agen-
cies.
‘‘(iv) USE OF PATERNITY ACKNOWL-
EDGMENT
AFFIDAVIT.—Such procedures
must require the State to develop and use
an affidavit for the voluntary acknowledg-
ment of paternity which includes the mini-
mum requirements of the affidavit speci-
fied by the Secretary under section
452(a)(7) for the voluntary acknowledg-
ment of paternity, and to give full faith
and credit to such an affidavit signed in
any other State according to its proce-
dures.
‘‘(D) STATUS OF SIGNED PATERNITY AC-
KNOWLEDGMENT.—
946
‘‘(i) INCLUSION IN BIRTH RECORDS.—
Procedures under which the name of the
father shall be included on the record of
birth of the child of unmarried parents
only if—
‘‘(I) the father and mother have
signed a voluntary acknowledgment of
paternity; or
‘‘(II) a court or an administrative
agency of competent jurisdiction has
issued an adjudication of paternity.
Nothing in this clause shall preclude a
State agency from obtaining an admission
of paternity from the father for submission
in a judicial or administrative proceeding,
or prohibit the issuance of an order in a
judicial or administrative proceeding which
bases a legal finding of paternity on an ad-
mission of paternity by the father and any
other additional showing required by State
law.
‘‘(ii) LEGAL
FINDING
OF
PATER-
NITY.—Procedures under which a signed
voluntary acknowledgment of paternity is
considered a legal finding of paternity,
947
subject to the right of any signatory to re-
scind the acknowledgment within the ear-
lier of—
‘‘(I) 60 days; or
‘‘(II) the date of an administra-
tive or judicial proceeding relating to
the child (including a proceeding to
establish a support order) in which
the signatory is a party.
‘‘(iii) CONTEST.—Procedures under
which, after the 60-day period referred to
in clause (ii), a signed voluntary acknowl-
edgment of paternity may be challenged in
court only on the basis of fraud, duress, or
material mistake of fact, with the burden
of proof upon the challenger, and under
which the legal responsibilities (including
child support obligations) of any signatory
arising from the acknowledgment may not
be suspended during the challenge, except
for good cause shown.
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which judicial or administrative proceedings are
948
not required or permitted to ratify an unchal-
lenged acknowledgment of paternity.
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring the admission into evi-
dence, for purposes of establishing pater-
nity, of the results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged as reliable by accreditation bod-
ies designated by the Secretary; and
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) requiring an objection to genetic
testing results to be made in writing not
later than a specified number of days be-
fore any hearing at which the results may
be introduced into evidence (or, at State
option, not later than a specified number
of days after receipt of the results); and
‘‘(iii) making the test results admissi-
ble as evidence of paternity without the
need for foundation testimony or other
949
proof of authenticity or accuracy, unless
objection is made.
‘‘(G) PRESUMPTION
OF
PATERNITY
IN
CERTAIN CASES.—Procedures which create a re-
buttable or, at the option of the State, conclu-
sive presumption of paternity upon genetic test-
ing results indicating a threshold probability
that the alleged father is the father of the child.
‘‘(H) DEFAULT ORDERS.—Procedures re-
quiring a default order to be entered in a pater-
nity case upon a showing of service of process
on the defendant and any additional showing
required by State law.
‘‘(I) NO RIGHT TO JURY TRIAL.—Proce-
dures providing that the parties to an action to
establish paternity are not entitled to a trial by
jury.
‘‘(J) TEMPORARY SUPPORT ORDER BASED
ON
PROBABLE
PATERNITY
IN
CONTESTED
CASES.—Procedures which require that a tem-
porary order be issued, upon motion by a party,
requiring the provision of child support pending
an administrative or judicial determination of
parentage, if there is clear and convincing evi-
950
dence of paternity (on the basis of genetic tests
or other evidence).
‘‘(K) PROOF OF CERTAIN SUPPORT AND
PATERNITY
ESTABLISHMENT
COSTS.—Proce-
dures under which bills for pregnancy, child-
birth, and genetic testing are admissible as evi-
dence without requiring third-party foundation
testimony, and shall constitute prima facie evi-
dence of amounts incurred for such services or
for testing on behalf of the child.
‘‘(L) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
has a reasonable opportunity to initiate a pater-
nity action.
‘‘(M) FILING OF ACKNOWLEDGMENTS AND
ADJUDICATIONS IN STATE REGISTRY OF BIRTH
RECORDS.—Procedures under which voluntary
acknowledgments and adjudications of paternity
by judicial or administrative processes are filed
with the State registry of birth records for com-
parison with information in the State case reg-
istry.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is
amended by inserting ‘‘, and specify the minimum require-
951
ments of an affidavit to be used for the voluntary acknowl-
edgment of paternity which shall include the social secu-
rity number of each parent and, after consultation with
the States, other common elements as determined by such
designee’’ before the semicolon.
(c) CONFORMING AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 4332. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by
inserting ‘‘and will publicize the availability and encourage
the use of procedures for voluntary establishment of pater-
nity and child support by means the State deems appro-
priate’’ before the semicolon.
SEC. 4333. COOPERATION BY APPLICANTS FOR AND RECIPI-
ENTS OF PART A ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(a), and 4313(a) of this Act, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
952
(3) by inserting after paragraph (28) the fol-
lowing new paragraph:
‘‘(29) provide that the State agency responsible
for administering the State plan—
‘‘(A) shall make the determination (and re-
determination at appropriate intervals) as to
whether an individual who has applied for or is
receiving assistance under the State program
funded under part A, the State program under
title XV, or the State program under title XIX
is cooperating in good faith with the State in
establishing the paternity of, or in establishing,
modifying, or enforcing a support order for, any
child of the individual by providing the State
agency with the name of, and such other infor-
mation as the State agency may require with
respect to, the noncustodial parent of the child,
subject to good cause and other exceptions
which—
‘‘(i) shall be defined, taking into ac-
count the best interests of the child, and
‘‘(ii) shall be applied in each case,
by, at the option of the State, the State agency
administering the State program under part A,
this part, title XV, or title XIX;
953
‘‘(B) shall require the individual to supply
additional necessary information and appear at
interviews, hearings, and legal proceedings;
‘‘(C) shall require the individual and the
child to submit to genetic tests pursuant to ju-
dicial or administrative order;
‘‘(D) may request that the individual sign
a voluntary acknowledgment of paternity, after
notice of the rights and consequences of such
an acknowledgment, but may not require the in-
dividual to sign an acknowledgment or other-
wise relinquish the right to genetic tests as a
condition of cooperation and eligibility for as-
sistance under the State program funded under
part A, the State program under title XV, or
the State program under title XIX; and
‘‘(E) shall promptly notify the individual
and the State agency administering the State
program funded under part A, the State agency
administering the State program under title
XV, and the State agency administering the
State program under title XIX, of each such
determination, and if noncooperation is deter-
mined, the basis therefore.’’.
954
CHAPTER 5—PROGRAM ADMINISTRATION
AND FUNDING
SEC. 4341. PERFORMANCE-BASED INCENTIVES AND PEN-
ALTIES.
(a) DEVELOPMENT
OF NEW SYSTEM.—The Sec-
retary of Health and Human Services, in consultation with
State directors of programs under part D of title IV of
the Social Security Act, shall develop a new incentive sys-
tem to replace, in a revenue neutral manner, the system
under section 458 of such Act. The new system shall pro-
vide additional payments to any State based on such
State’s performance under such a program. Not later than
November 1, 1996, the Secretary shall report on the new
system to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate.
(b) CONFORMING AMENDMENTS TO PRESENT SYS-
TEM.—Section 458 (42 U.S.C. 658) is amended—
(1) in subsection (a), by striking ‘‘aid to fami-
lies with dependent children under a State plan ap-
proved under part A of this title’’ and inserting ‘‘as-
sistance under a program funded under part A’’;
(2) in subsection (b)(1)(A), by striking ‘‘section
402(a)(26)’’ and inserting ‘‘section 408(a)(4)’’;
(3) in subsections (b) and (c)—
955
(A) by striking ‘‘AFDC collections’’ each
place it appears and inserting ‘‘title IV–A col-
lections’’, and
(B) by striking ‘‘non-AFDC collections’’
each place it appears and inserting ‘‘non-title
IV–A collections’’; and
(4) in subsection (c), by striking ‘‘combined
AFDC/non-AFDC administrative costs’’ both places
it appears and inserting ‘‘combined title IV–A/non-
title IV–A administrative costs’’.
(c) CALCULATION OF PATERNITY ESTABLISHMENT
PERCENTAGE.—
(1) 
Section 
452(g)(1)(A) 
(42 
U.S.C.
652(g)(1)(A)) is amended by striking ‘‘75’’ and in-
serting ‘‘90’’.
(2) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is
amended—
(A) by redesignating subparagraphs (B)
through (E) as subparagraphs (C) through (F),
respectively, and by inserting after subpara-
graph (A) the following new subparagraph:
‘‘(B) for a State with a paternity establishment
percentage of not less than 75 percent but less than
90 percent for such fiscal year, the paternity estab-
956
lishment percentage of the State for the immediately
preceding fiscal year plus 2 percentage points;’’; and
(B) by adding at the end the following new
flush sentence:
‘‘In determining compliance under this section, a State
may use as its paternity establishment percentage either
the State’s IV–D paternity establishment percentage (as
defined in paragraph (2)(A)) or the State’s statewide pa-
ternity establishment percentage (as defined in paragraph
(2)(B)).’’.
(3) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is
amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause
(i)—
(I) by striking ‘‘paternity estab-
lishment percentage’’ and inserting
‘‘IV–D paternity establishment per-
centage’’; and
(II) by striking ‘‘(or all States, as
the case may be)’’; and
(ii) by striking ‘‘and’’ at the end; and
(B) by redesignating subparagraph (B) as
subparagraph (C) and by inserting after sub-
paragraph (A) the following new subparagraph:
957
‘‘(B) the term ‘statewide paternity establish-
ment percentage’ means, with respect to a State for
a fiscal year, the ratio (expressed as a percentage)
that the total number of minor children—
‘‘(i) who have been born out of wedlock,
and
‘‘(ii) the paternity of whom has been estab-
lished or acknowledged during the fiscal year,
bears to the total number of children born out of
wedlock during the preceding fiscal year; and’’.
(4) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is
amended—
(A) by striking subparagraph (A) and re-
designating subparagraphs (B) and (C) as sub-
paragraphs (A) and (B), respectively; and
(B) in subparagraph (A) (as so redesig-
nated), by striking ‘‘the percentage of children
born out-of-wedlock in a State’’ and inserting
‘‘the percentage of children in a State who are
born out of wedlock or for whom support has
not been established’’.
(d) EFFECTIVE DATES.—
(1) INCENTIVE ADJUSTMENTS.—
(A) IN GENERAL.—The system developed
under subsection (a) and the amendments made
958
by subsection (b) shall become effective on Oc-
tober 1, 1998, except to the extent provided in
subparagraph (B).
(B) APPLICATION OF SECTION 458.—Sec-
tion 458 of the Social Security Act, as in effect
on the day before the date of the enactment of
this section, shall be effective for purposes of
incentive payments to States for fiscal years be-
fore fiscal year 1999.
(2) PENALTY REDUCTIONS.—The amendments
made by subsection (c) shall become effective with
respect to calendar quarters beginning on or after
the date of the enactment of this Act.
SEC. 4342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) STATE AGENCY ACTIVITIES.—Section 454 (42
U.S.C. 654) is amended—
(1) in paragraph (14), by striking ‘‘(14)’’ and
inserting ‘‘(14)(A)’’;
(2) by redesignating paragraph (15) as sub-
paragraph (B) of paragraph (14); and
(3) by inserting after paragraph (14) the fol-
lowing new paragraph:
‘‘(15) provide for—
‘‘(A) a process for annual reviews of and
reports to the Secretary on the State program
959
operated under the State plan approved under
this part, including such information as may be
necessary to measure State compliance with
Federal requirements for expedited procedures,
using such standards and procedures as are re-
quired by the Secretary, under which the State
agency will determine the extent to which the
program is operated in compliance with this
part; and
‘‘(B) a process of extracting from the auto-
mated data processing system required by para-
graph (16) and transmitting to the Secretary
data and calculations concerning the levels of
accomplishment (and rates of improvement)
with respect to applicable performance indica-
tors (including paternity establishment percent-
ages) to the extent necessary for purposes of
sections 452(g) and 458;’’.
(b) FEDERAL ACTIVITIES.—Section 452(a)(4) (42
U.S.C. 652(a)(4)) is amended to read as follows:
‘‘(4)(A) review data and calculations transmit-
ted 
by 
State 
agencies 
pursuant 
to 
section
454(15)(B) on State program accomplishments with
respect to performance indicators for purposes of
subsection (g) of this section and section 458;
960
‘‘(B) review annual reports submitted pursuant
to section 454(15)(A) and, as appropriate, provide
to the State comments, recommendations for addi-
tional or alternative corrective actions, and technical
assistance; and
‘‘(C) conduct audits, in accordance with the
Government auditing standards of the Comptroller
General of the United States—
‘‘(i) at least once every 3 years (or more
frequently, in the case of a State which fails to
meet the requirements of this part concerning
performance standards and reliability of pro-
gram data) to assess the completeness, reliabil-
ity, and security of the data and the accuracy
of the reporting systems used in calculating
performance indicators under subsection (g) of
this section and section 458;
‘‘(ii) of the adequacy of financial manage-
ment of the State program operated under the
State plan approved under this part, including
assessments of—
‘‘(I) whether Federal and other funds
made available to carry out the State pro-
gram are being appropriately expended,
961
and are properly and fully accounted for;
and
‘‘(II) whether collections and disburse-
ments of support payments are carried out
correctly and are fully accounted for; and
‘‘(iii) for such other purposes as the Sec-
retary may find necessary;’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning 12 months or more after the date of
the enactment of this Act.
SEC. 4343. REQUIRED REPORTING PROCEDURES.
(a) ESTABLISHMENT.—Section 452(a)(5) (42 U.S.C.
652(a)(5)) is amended by inserting ‘‘, and establish proce-
dures to be followed by States for collecting and reporting
information required to be provided under this part, and
establish uniform definitions (including those necessary to
enable the measurement of State compliance with the re-
quirements of this part relating to expedited processes) to
be applied in following such procedures’’ before the semi-
colon.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 4301(b), 4303(a),
4312(a), 4313(a), and 4333 of this Act, is amended—
962
(1) by striking ‘‘and’’ at the end of paragraph
(28);
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and
(3) by adding after paragraph (29) the follow-
ing new paragraph:
‘‘(30) provide that the State shall use the defi-
nitions established under section 452(a)(5) in col-
lecting and reporting information as required under
this part.’’.
SEC. 4344. AUTOMATED DATA PROCESSING REQUIRE-
MENTS.
(a) REVISED REQUIREMENTS.—
(1) IN GENERAL.—Section 454(16) (42 U.S.C.
654(16)) is amended—
(A) by striking ‘‘, at the option of the
State,’’;
(B) by inserting ‘‘and operation by the
State agency’’ after ‘‘for the establishment’’;
(C) by inserting ‘‘meeting the requirements
of section 454A’’ after ‘‘information retrieval
system’’;
(D) by striking ‘‘in the State and localities
thereof, so as (A)’’ and inserting ‘‘so as’’;
(E) by striking ‘‘(i)’’; and
963
(F) by striking ‘‘(including’’ and all that
follows and inserting a semicolon.
(2) AUTOMATED DATA PROCESSING.—Part D of
title IV (42 U.S.C. 651–669) is amended by insert-
ing after section 454 the following new section:
‘‘SEC. 454A. AUTOMATED DATA PROCESSING.
‘‘(a) IN GENERAL.—In order for a State to meet the
requirements of this section, the State agency administer-
ing the State program under this part shall have in oper-
ation a single statewide automated data processing and
information retrieval system which has the capability to
perform the tasks specified in this section with the fre-
quency and in the manner required by or under this part.
‘‘(b) PROGRAM MANAGEMENT.—The automated sys-
tem required by this section shall perform such functions
as the Secretary may specify relating to management of
the State program under this part, including—
‘‘(1) controlling and accounting for use of Fed-
eral, State, and local funds in carrying out the pro-
gram; and
‘‘(2) maintaining the data necessary to meet
Federal reporting requirements under this part on a
timely basis.
‘‘(c) CALCULATION
OF
PERFORMANCE
INDICA-
TORS.—In order to enable the Secretary to determine the
964
incentive payments and penalty adjustments required by
sections 452(g) and 458, the State agency shall—
‘‘(1) use the automated system—
‘‘(A) to maintain the requisite data on
State performance with respect to paternity es-
tablishment and child support enforcement in
the State; and
‘‘(B) to calculate the paternity establish-
ment percentage for the State for each fiscal
year; and
‘‘(2) have in place systems controls to ensure
the completeness and reliability of, and ready access
to, the data described in paragraph (1)(A), and the
accuracy of the calculations described in paragraph
(1)(B).
‘‘(d) INFORMATION INTEGRITY AND SECURITY.—The
State agency shall have in effect safeguards on the integ-
rity, accuracy, and completeness of, access to, and use of
data in the automated system required by this section,
which shall include the following (in addition to such other
safeguards as the Secretary may specify in regulations):
‘‘(1) POLICIES RESTRICTING ACCESS.—Written
policies concerning access to data by State agency
personnel, and sharing of data with other persons,
which—
965
‘‘(A) permit access to and use of data only
to the extent necessary to carry out the State
program under this part; and
‘‘(B) specify the data which may be used
for particular program purposes, and the per-
sonnel permitted access to such data.
‘‘(2) SYSTEMS
CONTROLS.—Systems controls
(such as passwords or blocking of fields) to ensure
strict adherence to the policies described in para-
graph (1).
‘‘(3) MONITORING OF ACCESS.—Routine mon-
itoring of access to and use of the automated sys-
tem, through methods such as audit trails and feed-
back mechanisms, to guard against and promptly
identify unauthorized access or use.
‘‘(4) TRAINING
AND
INFORMATION.—Proce-
dures to ensure that all personnel (including State
and local agency staff and contractors) who may
have access to or be required to use confidential pro-
gram data are informed of applicable requirements
and penalties (including those in section 6103 of the
Internal Revenue Code of 1986), and are adequately
trained in security procedures.
‘‘(5) PENALTIES.—Administrative penalties (up
to and including dismissal from employment) for un-