104 STAT. 4808 PUBLIC LAW 101-647—NOV. 29, 1990 ant prevails in the litigation, the court may order that the plaintiff pay the defendant's legal expenses. Immunity shall not be accorded to persons acting in bad faith. (g) CRIMINAL PENALTY FOR FAILURE TO REPORT. — (1) Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following new section:
- '§ 2258. Failure to report child abuse
"A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be guilty of a Class B misdemeanor.". (2) The chapter analysis for chapter 110, United States Code, is amended— (A) by amending the catchline to read as follows: "CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN"; , and (B) by adding at the end thereof the following new item: "2258. Failure to report child abuse.". (3) The item relating to chapter 110 in the part analysis for part 1 J of title 18, United States Code, is amended to read as follows: - "110. Sexual exploitation and other abuse of children 2251". (h) TRAINING OF PROSPECTIVE REPORTERS. — All individuals in the occupations listed in subsection (b)(1) who work on Federal lands, or are employed in federally operated (or contracted) facilities, shall receive periodic training in the obligation to report, as well as in the identification of abused and neglected children. Subtitle E—Child Care Worker Employee Background Checks •'•• '• ', •>• •'• v.
'•' •,• '^ - 42 USC 1304i. SEC. 231. REQUIREMENT FOR BACKGROUND CHECKS. ^ (a) IN GENERAL.— (1) Each agency of the Federal Government, and every facility operated by the Federal Government (or operated under contract with the Federal Government), that hires (or contracts for hire) individuals involved with the provision to children under the age of 18 of child care services shall assure that all existing and newly-hired employees undergo a criminal history background check. All existing staff shall receive such checks not later than 6 months after the date of enactment of this chapter, and no additional staff shall be hired without a check having been completed. (2) For the purposes of this section, the term "child care services" means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in
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