Page:United States Statutes at Large Volume 102 Part 3.djvu/397

 PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2349

"(iiXI) 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 percentsige 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 Reports, 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 B E REQUIRED BY CONTESTING PARTY.—

Section 466(a)(5) of such Act is amended— 42 USC 666. (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 A F D C 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

42 USC 654.

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