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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Zero Tolerance 
of Child Sexual Abuse Act of 2011’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(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 na-
tional 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 
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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 unre-
ported instances is far greater. 
(7) A child who is the victim of prolonged sex-
ual 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 psy-
chological disorder. Thirty percent of abused and ne-
glected children will later abuse their own children, 
continuing the horrible cycle of abuse. 
SEC. 3. NO FEDERAL FUNDS FOR VIOLATION OF ZERO TOL-
ERANCE 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 pro-
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vided in paragraph (3)) shall be provided to a cov-
ered 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 provi-
sion of this section or any regulation promulgated in 
accordance with this section. 
(2) DURATION OF PENALTY.—The period dur-
ing which a covered entity shall be ineligible to re-
ceive Federal funds for a violation of this section or 
regulations promulgated in accordance with this sec-
tion 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 Attor-
ney 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 
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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 insti-
tution 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 be-
ginning after the date that is one year after the date 
on which the Attorney General promulgates regula-
tions 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 Attor-
ney General shall, in consultation with the Secretary of 
Education and the Secretary of Health and Human Serv-
ices (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 employ-
ees to law enforcement. Such regulations shall— 
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(1) include required processes and procedures 
covered entities shall have in place to ensure the 
timely and accurate reporting by officers and em-
ployees 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 train-
ing to all officers and employees of the entity relat-
ing to the reporting to law enforcement (and any 
other person required by such regulations or the cov-
ered entity) of any suspected or known incidence of 
sexual abuse of a minor; 
(3) provide for a system by which a covered en-
tity 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 accord-
ance 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 regula-
tions; and 
(5) prohibit a covered entity from discharging 
or in any manner discriminating against an officer 
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or employee because such officer or employee pro-
vided information or made a complaint to a super-
visor 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 com-
plaint. 
(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). 
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SEC. 4. MANDATORY REPORTING BY STATE EMPLOYEES. 
Section 106(b)(2)(B)(i) of the Child Abuse Preven-
tion 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’’. 
Æ 
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