329
procedures must require the State and
those required to establish paternity to use
only the affidavit developed 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.
‘‘(D) STATUS OF SIGNED PATERNITY AC-
KNOWLEDGMENT.—
‘‘(i) LEGAL
FINDING
OF
PATER-
NITY.—Procedures under which a signed
acknowledgment of paternity is considered
a legal finding of paternity, subject to the
right of any signatory to rescind the ac-
knowledgment within 60 days.
‘‘(ii) 
CONTEST.—Procedures 
under
which, after the 60-day period referred to
in clause (i), a signed acknowledgment 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 sup-
port obligations) of any signatory arising
from the acknowledgment may not be sus-
330
pended during the challenge, except for
good cause shown.
‘‘(iii) RESCISSION.—Procedures under
which, after the 60-day period referred to
in clause (i), a minor who has signed an
acknowledgment of paternity other than in
the presence of a parent or court-appointed
guardian ad litem may rescind the ac-
knowledgment in a judicial or administra-
tive proceeding, until the earlier of—
‘‘(I) attaining the age of major-
ity; or
‘‘(II) the date of the first judicial
or administrative proceeding brought
(after the signing) to establish a child
support obligation, visitation rights, or
custody rights with respect to the
child whose paternity is the subject of
the acknowledgment, and at which the
minor is represented by a parent or
guardian ad litem, or an attorney.
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which judicial or administrative proceedings are
331
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
332
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, where there is clear and convincing
333
evidence 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 develop an affidavit to be
334
used for the voluntary acknowledgment of paternity which
shall include the social security number of each parent’’
before the semicolon.
(c) TECHNICAL
AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 732. 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. 733. COOPERATION BY APPLICANTS FOR AND RECIPI-
ENTS OF TEMPORARY FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
703(a), 712(a), and 713(a) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(26);
(2) by striking the period at the end of para-
graph (27) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (27) the fol-
lowing:
‘‘(28) provide that the State agency responsible
for administering the State plan—
335
‘‘(A) shall require each individual who has
applied for or is receiving assistance under the
State program funded under part A to cooper-
ate with the State in establishing the paternity
of, and 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 information as the State agency
may require with respect to, the father of the
child, subject to such good cause and other ex-
ceptions as the State may establish; and
‘‘(B) may require the individual and the
child to submit to genetic tests.’’.
Subtitle E—Program
Administration and Funding
SEC. 741. FEDERAL MATCHING PAYMENTS.
(a) INCREASED BASE MATCHING RATE.—Section
455(a)(2) (42 U.S.C. 655(a)(2)) is amended to read as
follows:
‘‘(2) The percent specified in this paragraph for any
quarter is 66 percent.’’.
(b) MAINTENANCE OF EFFORT.—Section 455 (42
U.S.C. 655) is amended—
336
(1) in subsection (a)(1), in the matter preced-
ing subparagraph (A), by striking ‘‘From’’ and in-
serting ‘‘Subject to subsection (c), from’’; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) MAINTENANCE OF EFFORT.—Notwithstanding
subsection (a), the total expenditures under the State plan
approved under this part for fiscal year 1997 and each
succeeding fiscal year, reduced by the percentage specified
in paragraph (2) for the fiscal year shall not be less than
such total expenditures for fiscal year 1996, reduced by
66 percent.’’.
SEC. 742. PERFORMANCE-BASED INCENTIVES AND PEN-
ALTIES.
(a) INCENTIVE ADJUSTMENTS TO FEDERAL MATCH-
ING RATE.—Section 458 (42 U.S.C. 658) is amended to
read as follows:
‘‘SEC. 458. INCENTIVE ADJUSTMENTS TO MATCHING RATE.
‘‘(a) INCENTIVE ADJUSTMENTS.—
‘‘(1) IN GENERAL.—Beginning with fiscal year
1999, the Secretary shall increase the percent speci-
fied in section 455(a)(2) that applies to payments to
a State under section 455(a)(1)(A) for each quarter
in a fiscal year by a factor reflecting the sum of the
applicable incentive adjustments (if any) determined
337
in accordance with regulations under this section
with respect to the paternity establishment percent-
age of the State for the immediately preceding fiscal
year and with respect to overall performance of the
State in child support enforcement during such pre-
ceding fiscal year.
‘‘(2) STANDARDS.—
‘‘(A) IN
GENERAL.—The Secretary shall
specify in regulations—
‘‘(i) the levels of accomplishment, and
rates of improvement as alternatives to
such levels, which a State must attain to
qualify for an incentive adjustment under
this section; and
‘‘(ii) the amounts of incentive adjust-
ment that shall be awarded to a State that
achieves specified accomplishment or im-
provement levels, which amounts shall be
graduated, ranging up to—
‘‘(I) 12 percentage points, in con-
nection with paternity establishment;
and
‘‘(II) 12 percentage points, in
connection with overall performance in
child support enforcement.
338
‘‘(B) LIMITATION.—In setting performance
standards pursuant to subparagraph (A)(i) and
adjustment amounts pursuant to subparagraph
(A)(ii), the Secretary shall ensure that the ag-
gregate number of percentage point increases as
incentive adjustments to all States do not ex-
ceed such aggregate increases as assumed by
the Secretary in estimates of the cost of this
section as of June 1994, unless the aggregate
performance of all States exceeds the projected
aggregate performance of all States in such cost
estimates.
‘‘(3) DETERMINATION OF INCENTIVE ADJUST-
MENT.—The Secretary shall determine the amount
(if any) of the incentive adjustment due each State
on the basis of the data submitted by the State pur-
suant to section 454(15)(B) concerning the levels of
accomplishment (and rates of improvement) with re-
spect to performance indicators specified by the Sec-
retary pursuant to this section.
‘‘(4) 
RECYCLING
OF
INCENTIVE
ADJUST-
MENT.—A State to which funds are paid by the
Federal Government as a result of an incentive ad-
justment under this section shall expend the funds
339
in the State program under this part within 2 years
after the date of the payment.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) PATERNITY
ESTABLISHMENT
PERCENT-
AGE.—The term ‘paternity establishment percent-
age’ means, with respect to a State and a fiscal
year—
‘‘(A) the total number of children in the
State who were born out of wedlock, who have
not attained 1 year of age and for whom pater-
nity is established or acknowledged during the
fiscal year; divided by
‘‘(B) the total number of children born out
of wedlock in the State during the fiscal year.
‘‘(2) OVERALL PERFORMANCE IN CHILD SUP-
PORT ENFORCEMENT.—The term ‘overall perform-
ance in child support enforcement’ means a measure
or measures of the effectiveness of the State agency
in a fiscal year which takes into account factors in-
cluding—
‘‘(A) the percentage of cases requiring a
support order in which such an order was es-
tablished;
‘‘(B) the percentage of cases in which child
support is being paid;
340
‘‘(C) the ratio of child support collected to
child support due; and
‘‘(D) the cost-effectiveness of the State
program, as determined in accordance with
standards established by the Secretary in regu-
lations (after consultation with the States).’’.
(b) CONFORMING AMENDMENTS.—Section 454(22)
(42 U.S.C. 654(22)) is amended—
(1) by striking ‘‘incentive payments’’ the 1st
place such term appears and inserting ‘‘incentive ad-
justments’’; and
(2) by striking ‘‘any such incentive payments
made to the State for such period’’ and inserting
‘‘any increases in Federal payments to the State re-
sulting from such incentive adjustments’’.
(c) CALCULATION OF IV–D PATERNITY ESTABLISH-
MENT PERCENTAGE.—
(1) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is
amended—
(A) in the matter preceding subparagraph
(A) by inserting ‘‘its overall performance in
child support enforcement is satisfactory (as de-
fined in section 458(b) and regulations of the
Secretary), and’’ after ‘‘1994,’’; and
341
(B) in each of subparagraphs (A) and (B),
by striking ‘‘75’’ and inserting ‘‘90’’.
(2) 
Section 
452(g)(2)(A) 
(42 
U.S.C.
652(g)(2)(A)) is amended in the matter preceding
clause (i)—
(A) by striking ‘‘paternity establishment
percentage’’ and inserting ‘‘IV–D paternity es-
tablishment percentage’’; and
(B) by striking ‘‘(or all States, as the case
may be)’’.
(3) 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;
(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’’; and
(C) in subparagraph (B) (as so redesig-
nated)—
342
(i) by inserting ‘‘and overall perform-
ance in child support enforcement’’ after
‘‘paternity establishment percentages’’; and
(ii) by inserting ‘‘and securing sup-
port’’ before the period.
(d) EFFECTIVE DATES.—
(1) 
INCENTIVE
ADJUSTMENTS.—(A) 
The
amendments made by subsections (a) and (b) shall
become effective on October 1, 1997, except to the
extent provided in subparagraph (B).
(B) Section 458 of the Social Security Act, as
in effect prior to the enactment of this section, shall
be effective for purposes of incentive payments to
States for fiscal years before fiscal year 1999.
(2) PENALTY REDUCTIONS.—The amendments
made by subsection (c) shall become effective with
respect to calendar quarters beginning on and after
the date of the enactment of this Act.
SEC. 743. 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
343
(3) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) provide for—
‘‘(A) a process for annual reviews of and
reports to the Secretary on the State program
operated under the State plan approved under
this part, which shall include such information
as may be necessary to measure State compli-
ance with Federal requirements for expedited
procedures and timely case processing, using
such standards and procedures as are required
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 IV–D paternity establishment
percentages and overall performance in child
support enforcement) to the extent necessary
for purposes of sections 452(g) and 458.’’.
344
(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;
‘‘(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;
345
‘‘(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,
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 section.
SEC. 744. 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-
346
quirements of this part relating to expedited processes and
timely case processing) to be applied in following such pro-
cedures’’ before the semicolon.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 703(a), 712(a),
713(a), and 733 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
(3) by adding after paragraph (28) the follow-
ing:
‘‘(29) 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. 745. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) REVISED REQUIREMENTS.—
(1) 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’’;
347
(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
(F) by striking ‘‘(including’’ and all that
follows and inserting a semicolon.
(2) Part D of title IV (42 U.S.C. 651–669) is
amended by inserting after section 454 the follow-
ing:
‘‘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—