I 112th CONGRESS 1st Session H. R. 3650 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.

1.

Short title

This Act may be cited as the Federal Zero Tolerance of Child Sexual Abuse Act of 2011.

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.

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).

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.