[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.''.
                                 <all>