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 com-
mittee 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 Representa-
tives 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’’. 
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SEC. 2. OFFENSE. 
(a) IN GENERAL.—Chapter 98 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1822. Transfers for employment of individuals en-
gaging in child sex acts 
‘‘(a) PROHIBITION ON THE INTERSTATE TRANSFER 
OF CHILD SEX OFFENDERS.—Whoever, being an em-
ployer, 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 sex-
ual 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 convic-
tion, 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 employ-
ment; and 
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‘‘(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 fol-
lowing 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 de-
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scribed 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 sub-
section (c) of such section).’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents 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 SEX-
UAL 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 in-
volving a minor and an individual employed at the 
school or any other school in the State. 
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‘‘(2) The State ensures that any individual who 
violates paragraph (1) by failing to report to law en-
forcement 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 inci-
dent. 
‘‘(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 require-
ments of subsection (a); and 
‘‘(2) how a State shall report to the schools in 
the State, the termination of the employment at a 
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school of an individual described in subsection 
(a)(3). 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) MINOR.—The term ‘minor’ means an indi-
vidual who is under 18 years of age. 
‘‘(2) SCHOOL.—The term ‘school’ means an en-
tity 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 re-
ceive, support in any form from any program 
supported, in whole or in part, with funds ap-
propriated to the Department of Education. 
‘‘(3) SEXUAL CONDUCT.—The term ‘sexual con-
duct’ has the meaning given the term in section 
1822 of title 18, United States Code.’’. 
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(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.’’. 
Æ 
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