I 

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. 

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 ‘‘Jeremy Bell Act of 

5 2011’’. 


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1 SEC. 2. OFFENSE. 

2 (a) IN GENERAL.—Chapter 98 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1822. Transfers for employment of individuals en6 gaging in child sex acts 

7 ‘‘(a) PROHIBITION ON THE INTERSTATE TRANSFER

8 OF CHILD SEX OFFENDERS.—Whoever, being an em9 ployer, directs, causes, persuades, induces, or entices the 

10 travel in interstate commerce of an employee in one State 

11 with the purpose or effect of facilitating the employment 

12 of such employee in another State, if the employer knows 

13 that such employee engaged in a sexual conduct with an 

14 individual who has not attained the age of 18 years, shall 

15 be fined under this title or imprisoned not more than 5 

16 years, or both. 

17 ‘‘(b) DEFINITIONS.—As used in this section— 

18 ‘‘(1) the term ‘sexual conduct’ means any sex19 ual conduct, unless the employee was convicted of a 

20 crime for that conduct and has satisfied the terms 

21 and conditions imposed as a result of that convic22 tion, if the conduct— 

23 ‘‘(A) is a sexual act or sexual contact as 

24 those terms are defined in section 2246; 

25 ‘‘(B) occurred during the course of employ26 ment; and 


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1 ‘‘(C) would constitute a felony violation of 

2 the criminal law applicable where it took place; 

3 and 

4 ‘‘(2) the term ‘State’ includes the District of 

5 Columbia and any other territory or possession of 

6 the United States.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for chapter 98 of title 18, United States Code, is amended 

9 by adding after the item relating to section 1821 the fol10 lowing new item: 

‘‘1822. Transfers for employment of individuals engaging in child sex acts.’’. 

11 SEC. 3. SCHOOLS REQUIRED TO CARRY OUT BACKGROUND 

12 CHECKS ON ALL EMPLOYEES. 

13 The Elementary and Secondary Education Act of 

14 1965 is amended as follows: 

15 (1) AMENDMENT TO ESEA.—Subpart 2 of part 

16 E of title IX is amended by adding at the end the 

17 following: 

18 ‘‘SEC. 9537. BACKGROUND CHECKS ON ALL EMPLOYEES. 

19 ‘‘A private or public elementary school, a private or 

20 public secondary school, a local educational agency, or 

21 State educational agency may receive funds under this Act 

22 for a fiscal year only if the school or agency has in effect 

23 a policy that ensures that every individual employed by 

24 the school or agency has undergone a fingerprint-based 

25 check of the national crime information databases (as deVerDate Mar 15 2010 03:58 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3766.IH H3766

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1 scribed in subsection (b) of section 153 of the Adam Walsh 

2 Child Protection and Safety Act of 2006 (42 U.S.C. 

3 16962)) and, where possible, a fingerprint-based check of 

4 State criminal history databases (as described in sub5 section (c) of such section).’’. 

6 (2) TABLE OF CONTENTS.—The table of con7 tents at the beginning of such Act is amended by 

8 adding after the item relating to section 9536 the 

9 following new item: 

‘‘9537. Background checks on all employees.’’. 

10 SEC. 4. STATE LAW. 

11 (a) AMENDMENT TO ESEA.—The Elementary and 

12 Secondary Education Act of 1965 is amended by inserting 

13 after section 9537 (as added by section 3), the following: 

14 ‘‘SEC. 9538. STATE LAW. 

15 ‘‘(a) STATE LAW ON REPORTING INCIDENTS OF SEX16 UAL CONDUCT INVOLVING A MINOR.—As a condition of 

17 receiving funds under this Act, a State shall have in effect 

18 and be enforcing a State law and State policy that, as 

19 determined by the Secretary, ensures the following: 

20 ‘‘(1) Individuals employed at a school located in 

21 the State report to law enforcement officials any 

22 known or suspected incidents of sexual conduct in23 volving a minor and an individual employed at the 

24 school or any other school in the State. 


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1 ‘‘(2) The State ensures that any individual who 

2 violates paragraph (1) by failing to report to law en3 forcement officials any such incidents is fined or 

4 otherwise penalized. 

5 ‘‘(3) The State makes available in an interstate 

6 clearinghouse to schools, local educational agencies, 

7 and State educational agencies, the identity of any 

8 individual— 

9 ‘‘(A) who was reported under paragraph 

10 (1) as being involved in an incident of sexual 

11 conduct with a minor; and 

12 ‘‘(B) whose employment at a school in the 

13 State was terminated as a result of the inci14 dent. 

15 ‘‘(4) The State creates safeguards to ensure 

16 that the information described in paragraph (3) is 

17 only made available to schools, local educational 

18 agencies, and State educational agencies, and not 

19 the general public. 

20 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

21 regulations on— 

22 ‘‘(1) how a State shall carry out the require23 ments of subsection (a); and 

24 ‘‘(2) how a State shall report to the schools in 

25 the State, the termination of the employment at a 


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1 school of an individual described in subsection 

2 (a)(3). 

3 ‘‘(c) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) MINOR.—The term ‘minor’ means an indi5 vidual who is under 18 years of age. 

6 ‘‘(2) SCHOOL.—The term ‘school’ means an en7 tity that— 

8 ‘‘(A) is a public or private— 

9 ‘‘(i) day or residential elementary 

10 school or secondary school; or 

11 ‘‘(ii) early childhood, elementary 

12 school, or secondary school program that is 

13 under the jurisdiction of a school, local 

14 educational agency, educational service 

15 agency, or other educational institution or 

16 program; and 

17 ‘‘(B) receives, or serves students who re18 ceive, support in any form from any program 

19 supported, in whole or in part, with funds ap20 propriated to the Department of Education. 

21 ‘‘(3) SEXUAL CONDUCT.—The term ‘sexual con22 duct’ has the meaning given the term in section 

23 1822 of title 18, United States Code.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents at 

2 the beginning of such Act is amended by adding after the 

3 item relating to section 9537 the following new item: 

‘‘9538. State law.’’. 

Æ 


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