[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3650

      To prohibit institutions of higher education and nonprofit 
organizations that fail to report incidents of sexual abuse of a minor 
         from receiving Federal funds, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2011

   Ms. Jackson Lee of Texas introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
      To prohibit institutions of higher education and nonprofit 
organizations that fail to report incidents of sexual abuse of a minor 
         from receiving Federal funds, 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 ``Federal Zero Tolerance of Child 
Sexual Abuse Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Children are vulnerable to sexual abuse from infancy 
        through early adulthood. Both boys and girls are most 
        vulnerable to abuse between the ages of 7 and 13.
            (2) According to the Department of Justice national 
        statistics, 1 out of 3 girls and 1 out of 5 boys will become 
        victims of sexual abuse by the time they reach their 18th 
        birthday.
            (3) The majority of instances of child sexual abuse are 
        committed by someone the child knows and trusts. In 90 percent 
        of child sexual abuse cases the perpetrators are trusted family 
        members or close friends.
            (4) Identifying victims of child sex abuse is sometimes 
        difficult because physical signs are often not present. 
        Perpetrators seldom use physical force because the child 
        usually trusts or depends upon the offender. The longer 
        children have been abused the less likely they are to exhibit 
        behavioral changes by the time the abuse is finally reported.
            (5) Most sexually abused children do not tell anyone they 
        were abused, even when directly asked by parents or other 
        authority figures. Sixty-seven percent of all victims of sexual 
        assault reported to law enforcement agencies were juveniles 
        (under the age of 18), of which 34 percent were under age 12.
            (6) Failing to protect a child from child abuse could prove 
        fatal. More than 5 children die every day as a result of child 
        abuse. According to the Third National Incidence Study, girls 
        are sexually abused 3 times more often than boys, whereas boys 
        are more likely to die or be seriously injured from their 
        abuse. Child sexual abuse has been reported up to 80,000 times 
        a year; however, the number of unreported instances is far 
        greater.
            (7) A child who is the victim of prolonged sexual abuse 
        usually develops low self-esteem, a feeling of worthlessness, 
        and an abnormal or distorted view of sex. About 80 percent of 
        21 year olds that were abused as children met criteria for at 
        least one psychological disorder. Thirty percent of abused and 
        neglected children will later abuse their own children, 
        continuing the horrible cycle of abuse.

SEC. 3. NO FEDERAL FUNDS FOR VIOLATION OF ZERO TOLERANCE REQUIREMENTS.

    (a) Zero Tolerance for Failure To Report Sexual Abuse of a Minor.--
            (1) In general.--Notwithstanding any other provision of 
        law, no Federal funds (except as provided in paragraph (3)) 
        shall be provided to a covered entity for the duration of the 
        period described in paragraph (2) if the Attorney General 
        determines that the covered entity is in violation of any 
        provision of this section or any regulation promulgated in 
        accordance with this section.
            (2) Duration of penalty.--The period during which a covered 
        entity shall be ineligible to receive Federal funds for a 
        violation of this section or regulations promulgated in 
        accordance with this section shall be determined by the 
        Attorney General based on the severity of the violation by such 
        entity, except that--
                    (A) the duration of the period for such a penalty 
                shall be not less than 1 year and not more than 5 
                years; and
                    (B) notwithstanding subparagraph (A), the Attorney 
                General may reduce the duration of such a period, or 
                terminate the application of such a penalty to a 
                covered entity, if the Attorney General determines that 
                the entity has in effect and is enforcing policies 
                necessary to fully comply with the provisions of this 
                section and any regulations promulgated in accordance 
                with this section, and that there is good cause for 
                such a reduction or termination.
            (3) Student financial aid exception.--Notwithstanding 
        paragraph (1), funds to provide Federal student financial aid 
        to students at an institution of higher education shall not be 
        reduced as a result of a violation by such an institution of 
        this section or regulations promulgated in accordance with this 
        section.
            (4) Effective date.--This subsection shall apply to covered 
        entities for the first fiscal year beginning after the date 
        that is one year after the date on which the Attorney General 
        promulgates regulations in accordance with subsection (b), and 
        each succeeding fiscal year.
    (b) Regulations Required.--Not later than 6 months after the date 
of enactment of this Act, the Attorney General shall, in consultation 
with the Secretary of Education and the Secretary of Health and Human 
Services (acting through the Administration of Children and Families), 
promulgate regulations to ensure that officers and employees of covered 
entities report any sexual abuse of minors known or suspected by such 
officers or employees to law enforcement. Such regulations shall--
            (1) include required processes and procedures covered 
        entities shall have in place to ensure the timely and accurate 
        reporting by officers and employees to law enforcement of 
        incidences of sexual abuse of a minor that occur at a location 
        used or controlled by a covered entity;
            (2) require each covered entity to provide training to all 
        officers and employees of the entity relating to the reporting 
        to law enforcement (and any other person required by such 
        regulations or the covered entity) of any suspected or known 
        incidence of sexual abuse of a minor;
            (3) provide for a system by which a covered entity may be 
        required to provide to a minor victim of sexual abuse 
        reimbursement for treatment required by such victim (including 
        medical treatment and counseling) if the covered entity failed 
        to report an incidence of sexual abuse of such victim in 
        accordance with such regulations;
            (4) provide for notice and an opportunity for a hearing if 
        the Attorney General has reason to believe that a covered 
        entity is in violation of such regulations; and
            (5) prohibit a covered entity from discharging or in any 
        manner discriminating against an officer or employee because 
        such officer or employee provided information or made a 
        complaint to a supervisor or to any law enforcement agency 
        relating to an allegation of sexual abuse of a minor, provided 
        that the officer or employee acted in good faith when providing 
        such information or making such complaint.
    (c) Definitions.--In this section:
            (1) the term ``covered entity'' means--
                    (A) an institution of higher education, as defined 
                in section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002); or
                    (B) a non-profit organization that directly or 
                indirectly provides services to, or carries out any 
                activities that involve direct contact with, minors;
            (2) the term ``minor'' means an individual who is less than 
        18 years of age;
            (3) the term ``officer'' when used in relation to an 
        institution of higher education, includes academic and athletic 
        officials such as the president, a dean, or an athletic coach 
        of the institution; and
            (4) the term ``sexual abuse'' has the meaning given the 
        term in section 111 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5106g).

SEC. 4. MANDATORY REPORTING BY STATE EMPLOYEES.

    Section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)(2)(B)(i)) is amended by inserting before the 
semicolon the following: ``, who shall include individuals employed in 
any position that involves direct contact with children''.
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