I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Zero Tolerance 

5 of Child Sexual Abuse Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) Children are vulnerable to sexual abuse 

2 from infancy through early adulthood. Both boys 

3 and girls are most vulnerable to abuse between the 

4 ages of 7 and 13. 

5 (2) According to the Department of Justice na6 tional statistics, 1 out of 3 girls and 1 out of 5 boys 

7 will become victims of sexual abuse by the time they 

8 reach their 18th birthday. 

9 (3) The majority of instances of child sexual 

10 abuse are committed by someone the child knows 

11 and trusts. In 90 percent of child sexual abuse cases 

12 the perpetrators are trusted family members or close 

13 friends. 

14 (4) Identifying victims of child sex abuse is 

15 sometimes difficult because physical signs are often 

16 not present. Perpetrators seldom use physical force 

17 because the child usually trusts or depends upon the 

18 offender. The longer children have been abused the 

19 less likely they are to exhibit behavioral changes by 

20 the time the abuse is finally reported. 

21 (5) Most sexually abused children do not tell 

22 anyone they were abused, even when directly asked 

23 by parents or other authority figures. Sixty-seven 

24 percent of all victims of sexual assault reported to 


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1 law enforcement agencies were juveniles (under the 

2 age of 18), of which 34 percent were under age 12. 

3 (6) Failing to protect a child from child abuse 

4 could prove fatal. More than 5 children die every day 

5 as a result of child abuse. According to the Third 

6 National Incidence Study, girls are sexually abused 

7 3 times more often than boys, whereas boys are 

8 more likely to die or be seriously injured from their 

9 abuse. Child sexual abuse has been reported up to 

10 80,000 times a year; however, the number of unre11 ported instances is far greater. 

12 (7) A child who is the victim of prolonged sex13 ual abuse usually develops low self-esteem, a feeling 

14 of worthlessness, and an abnormal or distorted view 

15 of sex. About 80 percent of 21 year olds that were 

16 abused as children met criteria for at least one psy17 chological disorder. Thirty percent of abused and ne18 glected children will later abuse their own children, 

19 continuing the horrible cycle of abuse. 

20 SEC. 3. NO FEDERAL FUNDS FOR VIOLATION OF ZERO TOL21 ERANCE REQUIREMENTS. 

22 (a) ZERO TOLERANCE FOR FAILURE TO REPORT

23 SEXUAL ABUSE OF A MINOR.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law, no Federal funds (except as proVerDate Mar 15 2010 23:06 Dec 20, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650

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1 vided in paragraph (3)) shall be provided to a cov2 ered entity for the duration of the period described 

3 in paragraph (2) if the Attorney General determines 

4 that the covered entity is in violation of any provi5 sion of this section or any regulation promulgated in 

6 accordance with this section. 

7 (2) DURATION OF PENALTY.—The period dur8 ing which a covered entity shall be ineligible to re9 ceive Federal funds for a violation of this section or 

10 regulations promulgated in accordance with this sec11 tion shall be determined by the Attorney General 

12 based on the severity of the violation by such entity, 

13 except that— 

14 (A) the duration of the period for such a 

15 penalty shall be not less than 1 year and not 

16 more than 5 years; and 

17 (B) notwithstanding subparagraph (A), the 

18 Attorney General may reduce the duration of 

19 such a period, or terminate the application of 

20 such a penalty to a covered entity, if the Attor21 ney General determines that the entity has in 

22 effect and is enforcing policies necessary to 

23 fully comply with the provisions of this section 

24 and any regulations promulgated in accordance 


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1 with this section, and that there is good cause 

2 for such a reduction or termination. 

3 (3) STUDENT FINANCIAL AID EXCEPTION.— 

4 Notwithstanding paragraph (1), funds to provide 

5 Federal student financial aid to students at an insti6 tution of higher education shall not be reduced as a 

7 result of a violation by such an institution of this 

8 section or regulations promulgated in accordance 

9 with this section. 

10 (4) EFFECTIVE DATE.—This subsection shall 

11 apply to covered entities for the first fiscal year be12 ginning after the date that is one year after the date 

13 on which the Attorney General promulgates regula14 tions in accordance with subsection (b), and each 

15 succeeding fiscal year. 

16 (b) REGULATIONS REQUIRED.—Not later than 6 

17 months after the date of enactment of this Act, the Attor18 ney General shall, in consultation with the Secretary of 

19 Education and the Secretary of Health and Human Serv20 ices (acting through the Administration of Children and 

21 Families), promulgate regulations to ensure that officers 

22 and employees of covered entities report any sexual abuse 

23 of minors known or suspected by such officers or employ24 ees to law enforcement. Such regulations shall— 


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1 (1) include required processes and procedures 

2 covered entities shall have in place to ensure the 

3 timely and accurate reporting by officers and em4 ployees to law enforcement of incidences of sexual 

5 abuse of a minor that occur at a location used or 

6 controlled by a covered entity; 

7 (2) require each covered entity to provide train8 ing to all officers and employees of the entity relat9 ing to the reporting to law enforcement (and any 

10 other person required by such regulations or the cov11 ered entity) of any suspected or known incidence of 

12 sexual abuse of a minor; 

13 (3) provide for a system by which a covered en14 tity may be required to provide to a minor victim of 

15 sexual abuse reimbursement for treatment required 

16 by such victim (including medical treatment and 

17 counseling) if the covered entity failed to report an 

18 incidence of sexual abuse of such victim in accord19 ance with such regulations; 

20 (4) provide for notice and an opportunity for a 

21 hearing if the Attorney General has reason to believe 

22 that a covered entity is in violation of such regula23 tions; and 

24 (5) prohibit a covered entity from discharging 

25 or in any manner discriminating against an officer 


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1 or employee because such officer or employee pro2 vided information or made a complaint to a super3 visor or to any law enforcement agency relating to 

4 an allegation of sexual abuse of a minor, provided 

5 that the officer or employee acted in good faith when 

6 providing such information or making such com7 plaint. 

8 (c) DEFINITIONS.—In this section: 

9 (1) the term ‘‘covered entity’’ means— 

10 (A) an institution of higher education, as 

11 defined in section 102 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1002); or 

13 (B) a non-profit organization that directly 

14 or indirectly provides services to, or carries out 

15 any activities that involve direct contact with, 

16 minors; 

17 (2) the term ‘‘minor’’ means an individual who 

18 is less than 18 years of age; 

19 (3) the term ‘‘officer’’ when used in relation to 

20 an institution of higher education, includes academic 

21 and athletic officials such as the president, a dean, 

22 or an athletic coach of the institution; and 

23 (4) the term ‘‘sexual abuse’’ has the meaning 

24 given the term in section 111 of the Child Abuse 

25 Prevention and Treatment Act (42 U.S.C. 5106g). 


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1 SEC. 4. MANDATORY REPORTING BY STATE EMPLOYEES. 

2 Section 106(b)(2)(B)(i) of the Child Abuse Preven3 tion and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)) is 

4 amended by inserting before the semicolon the following: 

5 ‘‘, who shall include individuals employed in any position 

6 that involves direct contact with children’’. 

Æ 


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