[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3766
To amend title 18, United States Code, to provide penalties with
respect to employers' conduct relating to persons engaging in sexual
conduct with children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 23, 2011
Mr. Fitzpatrick (for himself, Mr. Meehan, and Mr. McKinley) introduced
the following bill; which was referred to the Committee on Education
and the Workforce, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide penalties with
respect to employers' conduct relating to persons engaging in sexual
conduct with children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jeremy Bell Act of 2011''.
SEC. 2. OFFENSE.
(a) In General.--Chapter 98 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Transfers for employment of individuals engaging in child
sex acts
``(a) Prohibition on the Interstate Transfer of Child Sex
Offenders.--Whoever, being an employer, directs, causes, persuades,
induces, or entices the travel in interstate commerce of an employee in
one State with the purpose or effect of facilitating the employment of
such employee in another State, if the employer knows that such
employee engaged in a sexual conduct with an individual who has not
attained the age of 18 years, shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `sexual conduct' means any sexual conduct,
unless the employee was convicted of a crime for that conduct
and has satisfied the terms and conditions imposed as a result
of that conviction, if the conduct--
``(A) is a sexual act or sexual contact as those
terms are defined in section 2246;
``(B) occurred during the course of employment; and
``(C) would constitute a felony violation of the
criminal law applicable where it took place; and
``(2) the term `State' includes the District of Columbia
and any other territory or possession of the United States.''.
(b) Clerical Amendment.--The table of contents for chapter 98 of
title 18, United States Code, is amended by adding after the item
relating to section 1821 the following new item:
``1822. Transfers for employment of individuals engaging in child sex
acts.''.
SEC. 3. SCHOOLS REQUIRED TO CARRY OUT BACKGROUND CHECKS ON ALL
EMPLOYEES.
The Elementary and Secondary Education Act of 1965 is amended as
follows:
(1) Amendment to esea.--Subpart 2 of part E of title IX is
amended by adding at the end the following:
``SEC. 9537. BACKGROUND CHECKS ON ALL EMPLOYEES.
``A private or public elementary school, a private or public
secondary school, a local educational agency, or State educational
agency may receive funds under this Act for a fiscal year only if the
school or agency has in effect a policy that ensures that every
individual employed by the school or agency has undergone a
fingerprint-based check of the national crime information databases (as
described in subsection (b) of section 153 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16962)) and, where
possible, a fingerprint-based check of State criminal history databases
(as described in subsection (c) of such section).''.
(2) Table of contents.--The table of contents at the
beginning of such Act is amended by adding after the item
relating to section 9536 the following new item:
``9537. Background checks on all employees.''.
SEC. 4. STATE LAW.
(a) Amendment to ESEA.--The Elementary and Secondary Education Act
of 1965 is amended by inserting after section 9537 (as added by section
3), the following:
``SEC. 9538. STATE LAW.
``(a) State Law on Reporting Incidents of Sexual Conduct Involving
a Minor.--As a condition of receiving funds under this Act, a State
shall have in effect and be enforcing a State law and State policy
that, as determined by the Secretary, ensures the following:
``(1) Individuals employed at a school located in the State
report to law enforcement officials any known or suspected
incidents of sexual conduct involving a minor and an individual
employed at the school or any other school in the State.
``(2) The State ensures that any individual who violates
paragraph (1) by failing to report to law enforcement officials
any such incidents is fined or otherwise penalized.
``(3) The State makes available in an interstate
clearinghouse to schools, local educational agencies, and State
educational agencies, the identity of any individual--
``(A) who was reported under paragraph (1) as being
involved in an incident of sexual conduct with a minor;
and
``(B) whose employment at a school in the State was
terminated as a result of the incident.
``(4) The State creates safeguards to ensure that the
information described in paragraph (3) is only made available
to schools, local educational agencies, and State educational
agencies, and not the general public.
``(b) Regulations.--The Secretary shall prescribe regulations on--
``(1) how a State shall carry out the requirements of
subsection (a); and
``(2) how a State shall report to the schools in the State,
the termination of the employment at a school of an individual
described in subsection (a)(3).
``(c) Definitions.--For purposes of this section--
``(1) Minor.--The term `minor' means an individual who is
under 18 years of age.
``(2) School.--The term `school' means an entity that--
``(A) is a public or private--
``(i) day or residential elementary school
or secondary school; or
``(ii) early childhood, elementary school,
or secondary school program that is under the
jurisdiction of a school, local educational
agency, educational service agency, or other
educational institution or program; and
``(B) receives, or serves students who receive,
support in any form from any program supported, in
whole or in part, with funds appropriated to the
Department of Education.
``(3) Sexual conduct.--The term `sexual conduct' has the
meaning given the term in section 1822 of title 18, United
States Code.''.
(b) Table of Contents.--The table of contents at the beginning of
such Act is amended by adding after the item relating to section 9537
the following new item:
``9538. State law.''.
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