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.

Summary: Jeremy Bell Act of 2011 - Amends the federal criminal code to prohibit an employer from directing, causing, persuading, inducing, or enticing the travel of an employee in one state to employment in another state if the employer knows that the employee engaged in sexual conduct with a person under age 18 that would constitute a felony where such conduct occurred during the course of employment. Sets penalties for violations.

Amends the Elementary and Secondary Education Act of 1965 to authorize a private or public elementary or secondary school, a local educational agency, or a state educational agency to receive funds under such Act only if it has in effect a policy that ensures that every individual employed by it has undergone a fingerprint-based check of the national crime information databases and, where possible, of state criminal history databases.

Conditions a state's receipt of funds under such Act on enforcement of a state law and policy that ensures that: (1) individuals employed at a school located in the state report to law enforcement officials any incidents of sexual conduct involving a minor and an individual employed at any school in the state; (2) employees who fail to report such incidents are penalized; (3) the state makes available in an interstate clearinghouse to schools, local educational agencies, and state educational agencies the identity of any individual who was so reported and whose employment was terminated as a result; and (4) such information is only made available to schools, local educational agencies, and state educational agencies, not the general public.

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.''.