Page:United States Statutes at Large Volume 98 Part 2.djvu/590

 98 STAT. 1750

PUBLIC LAW 98-457—OCT. 9, 1984 DEFINITIONS

Post, p. 1752.

SEC. 102. Section 3 of the Act is amended— (1) by inserting "(including any employee of a residential facility or any staff person providing out-of-home care)" after "by a person"; (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new clause: "(2)(A) the term 'sexual abuse' includes— "(i) the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct (or any simulation of such conduct) for the purpose of producing any visual depiction of such conduct, or "(ii) the rape, molestation, prostitution, or other such form of sexual exploitation of children, or incest with children, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary; and "(B) for the purpose of this clause, the term 'child' or 'children' means any individual who has not or individuals who have not attained the age of eighteen.". DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS

Grants. 42 USC 5103. Waiver. Ante, p. 1749.

Post p. 1752.

SEC. 103. (a) Section 4(b)(2)(E) of the Act is amended by striking out "his" and inserting in lieu thereof "and the child's". (b) Section 4(b)(3) of the Act is amended to read as follows: "(3)(A) Subject to subparagraph (B) of this paragraph, any State which on the date of enactment of the Child Abuse Amendments of 1984 does not qualify for assistance under this subsection may be granted a waiver of any requirement under paragraph (2) of this subsection— "(i) for a period of not more than one year, if the Secretary makes a finding that such State is making a good-faith effort to comply with any such requirement, and for a second one-year period if the Secretary makes a finding that such State is making substantial progress to achieve such compliance; or "(ii) for a nonrenewable period of not more than two years in the case of a State the legislature of which meets only biennially, if the Secretary makes a finding that such State is making a good-faith effort to comply with any such requirement. "(B) No waiver under subparagraph (A) may apply to any requirement under paragraph (2)(K) of this subsection.". (c) Section 4 of the Act is further amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: "(e) The Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, shall ensure that a proportionate share of assistance under this Act is available for activities related to the prevention of child abuse and neglect.".

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