Title 42 — The Public Health and Welfare
Chapter 102 — Mental Health Systems
§ 9511. Grants for sex offense prevention and control
Statutory text
Authority of National Center for the Prevention and Control of Sex Offenses; functions
The Secretary, acting through the National Center for the Prevention and Control of Sex Offenses (hereafter in this section referred to as the “Center”), may, directly or by grant, carry out the following:
A continuing study of sex offenses, including a study and investigation of—
the effectiveness of existing Federal, State, and local laws dealing with sex offenses;
the relationship, if any, between traditional legal and social attitudes toward sexual roles, sex offenses, and the formulation of laws dealing with rape;
the treatment of the victims of sex offenses by law enforcement agencies, hospitals or other medical institutions, prosecutors, and the courts;
the causes of sex offenses, identifying to the degree possible—
social conditions which encourage sexual attacks, and
the motives of offenders, and
the impact of a sex offense on the victim and family of the victim;
sexual assaults in correctional institutions;
the estimated actual incidence of forcible sex offenses as compared to the reported incidence of forcible sex offenses and the reasons for any difference between the two; and
the effectiveness of existing private and local and State government educational, counseling, and other programs designed to prevent and control sex offenses.
The compilation, analysis, and publication of summaries of the continuing study conducted under paragraph (1) and the research and demonstration projects conducted under paragraph (5). The Secretary shall submit not later than , to the Congress a summary of such study and projects together with a review of their effectiveness and recommendations where appropriate.
The development and maintenance of an information clearinghouse with regard to—
the prevention and control of sex offenses;
the treatment and counseling of the victims of sex offenses and their families; and
the rehabilitation of offenders.
The compilation and publication of training materials for personnel who are engaged or intend to engage in programs designed to prevent and control sex offense.
Assistance to qualified public and nonprofit private entities in conducting research and demonstration projects concerning the prevention and control of sex offense, including projects (A) for the planning, development, implementation, and evaluation of alternative methods used in the prevention and control of sex offense, the treatment and counseling of the victims of sex offense and their families, and the rehabilitation of offenders; (B) for the application of such alternative methods; and (C) for the promotion of community awareness of the specific locations in which, and the specific social and other conditions under which sexual attacks are most likely to occur.
Advisory committee; functions, membership, etc.
The Secretary shall appoint an advisory committee to advise, consult with, and make recommendations to the Secretary on the implementation of subsection (a). The recommendations of the committee shall be submitted directly to the Secretary without review or revision by any person without the consent of the committee. The Secretary shall appoint to such committee persons who are particularly qualified to assist in carrying out the functions of the committee. A majority of the members of the committee shall be women. Members of the advisory committee shall receive compensation at rates, not to exceed the daily equivalent of the annual rate in effect for grade GS–18 of the General Schedule, for each day (including traveltime) they are engaged in the performance of their duties as members of the advisory committee and, while so serving away from their homes or regular places of business, each member shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
Submission and approval of application; form, manner and contents
No grant may be made under subsection (a) unless an application therefor is submitted to and approved by the Secretary. The application shall be submitted in such form and manner and contain such information as the Secretary may prescribe.
Authorization of appropriations
For the purpose of carrying out subsection (a), there are authorized to be appropriated $6,000,000 for the fiscal year ending , $1,500,000 for the fiscal year ending , $1,500,000 for the fiscal year ending .
“Sex offense” defined
For purposes of subsection (a), the term “sex offense” includes statutory and attempted rape and any other criminal sexual assault (whether homosexual or heterosexual) which involves force or the threat of force.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Mental Health Systems Act
Pub. L. 96–398 title VI § 601(a) · 94 Stat. 1564
Enacted · 42 U.S.C. § 9511
Pub. L. 96–398, title VI, § 601(a)–(e), Oct. 7, 1980, 94 Stat. 1602, 1603
Source evidence
Code source credit
Pub. L. 96–398, title VI, § 601(a)–(e), Oct. 7, 1980, 94 Stat. 1602, 1603Enacted provision · exact public law section
(a) The Secretary, acting through the National Center for the Prevention and Control of Rape (hereafter in this section referred to as the “Center”), may, directly or by grant, carry out the following: (1) A continuing study of rape, including a study and investigation of— (A) the effectiveness of existing Federal, State, and local laws dealing with rape; (B) the relationship, if any, between traditional legal and social attitudes toward sexual roles, the act of rape, and the formulation of laws dealing with rape; (C) the treatment of the victims of rape by law enforcement agencies, hospitals or other medical institutions, prosecutors, and the courts; (D) the causes of rape, identifying to the degree possible— (i) social conditions which encourage sexual attacks, and (ii) the motives of offenders, and (E) the impact of rape on the victim and family of the victim; (F) sexual assaults in correctional institutions; (G) the estimated actual incidence of forcible rape as compared to the reported incidence of forcible rape and the reasons for any difference between the two; and (H) the effectiveness of existing private and local and State government educational, counseling, and other programs designed to prevent and control rape. (2) The compilation, analysis, and publication of summaries of the continuing study conducted under paragraph (1) and the research and demonstration projects conducted under paragraph Report to Congress. (5). The Secretary shall submit not later than March 30, 1983, to the Congress a summary of such study and projects together with a review of their effectiveness and recommendations where appropriate. (3) The development and maintenance of an information Information clearinghouse. clearinghouse with regard to— (A) the prevention and control of rape; (B) the treatment and counseling of the victims of rape and their families; and (C) the rehabilitation of offenders. (4) The compilation and publication of training materials for Training materials. personnel who are engaged or intend to engage in programs designed to prevent and control rape. (5) Assistance to community mental health centers and other qualified public and nonprofit private entities in conducting research and demonstration projects concerning the prevention and control of rape, including projects (A) for the planning, development, implementation, and evaluation of alternative methods used in the prevention and control of rape, the treatment and counseling of the victims of rape and their families, and the rehabilitation of offenders; (B) for the application of such alternative methods; and (C) for the promotion of community awareness of the specific locations in which, and the specific social and other conditions under which sexual attacks are most likely to occur. (6) Assistance to community mental health centers in meeting Costs, assistance. the costs of providing consultation and education services respecting rape.Pub. L. 97–35 title IX § 902(f)(20) · 95 Stat. 357
Struck · 42 U.S.C. § 9511(a)
Pub. L. 97–35 in par. (5) struck out “community mental health centers and other” after “Assistance to”
Struck · 42 U.S.C. § 9511(a)
Pub. L. 97–35 in par. (5) struck out par. (6) which related to provision of consultation and education services
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35 in par. (5) struck out “community mental health centers and other” after “Assistance to”, and struck out par. (6) which related to provision of consultation and education services.Enacted provision · exact public law section
(20) Section 601(a) of such Act is amended— (A) by striking out “community mental health centers and other” in paragraph (5); and (B) by striking out paragraph (6).Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 87(d)(3) · 100 Stat. 3592
Amended · 42 U.S.C. § 9511
Pub. L. 99–646, § 87(d)(3), and Pub. L. 99–654, § 3(b)(3), amended section catchline identically
Substituted · 42 U.S.C. § 9511
Pub. L. 99–646, § 87(d)(3), and Pub. L. 99–654, § 3(b)(3), substituting “sex offense” for “rape”
Source evidence
Code amendment note
Pub. L. 99–646, § 87(d)(3), and Pub. L. 99–654, § 3(b)(3), amended section catchline identically, substituting “sex offense” for “rape”.Enacted provision · exact public law section
(3) The heading for section 601 of the Mental Health Systems Act (42 U.S.C. 9511) is amended by striking out “RAPE” and inserting “SEX OFFENSE” in lieu thereof.Effective date note
Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of Title 18, Crimes and Criminal Procedure.Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 87(d)(4) · 100 Stat. 3592
Substituted · 42 U.S.C. § 9511(a)
Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “Sex Offenses” for “Rape”
Substituted · 42 U.S.C. § 9511(a)
Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “sex offenses” for “rape”
Substituted · 42 U.S.C. § 9511(a)
Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “sex offenses” for “the act of rape”
Substituted · 42 U.S.C. § 9511(a)
Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “a sex offense” for “rape”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “Sex Offenses” for “Rape”, in par. (1) and in subpars. (A), (C), (D), (G), and (H) of par. (1) substituted “sex offenses” for “rape” wherever appearing, in par. (1)(B) substituted “sex offenses” for “the act of rape”, in par. (1)(E) substituted “a sex offense” for “rape”, and in par. (3)(A) and (B) substituted “sex offenses” for “rape”.Enacted provision · exact public law section
(4) Section 601(a) of the Mental Health Systems Act (42 U.S.C. 9511(a)) is amended by striking out “Rape” and inserting “Sex Offenses” in lieu thereof.Effective date note
Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of Title 18, Crimes and Criminal Procedure.Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 87(d)(7) · 100 Stat. 3592
Amended · 42 U.S.C. § 9511(e)
Pub. L. 99–646, § 87(d)(7), and Pub. L. 99–654, § 3(b)(7), amended subsec. (e) identically
Substituted · 42 U.S.C. § 9511(e)
Pub. L. 99–646, § 87(d)(7), and Pub. L. 99–654, § 3(b)(7), substituting “the term ‘sex offense’ ” for “the term ‘rape’ ”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–646, § 87(d)(7), and Pub. L. 99–654, § 3(b)(7), amended subsec. (e) identically, substituting “the term ‘sex offense’ ” for “the term ‘rape’ ”.Enacted provision · exact public law section
(7) Section 601(e) of the Mental Health Systems Act (42 U.S.C. 9511(e)) is amended by striking out “rape” the first place it appears and inserting “sex offense” in lieu thereof.Effective date note
Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of Title 18, Crimes and Criminal Procedure.
11 of 11 references resolved to an enrolled provision
Editorial Notes
Amendments1981–1986 · 2 rounds
1986
Pub. L. 99–646, § 87(d)(3), and Pub. L. 99–654, § 3(b)(3), amended section catchline identically, substituting “sex offense” for “rape”.
Subsec. (a). Pub. L. 99–646, § 87(d)(4)–(6), and Pub. L. 99–654, § 3(b)(4)–(6), in amending subsec. (a) identically, in introductory provision substituted “Sex Offenses” for “Rape”, in par. (1) and in subpars. (A), (C), (D), (G), and (H) of par. (1) substituted “sex offenses” for “rape” wherever appearing, in par. (1)(B) substituted “sex offenses” for “the act of rape”, in par. (1)(E) substituted “a sex offense” for “rape”, and in par. (3)(A) and (B) substituted “sex offenses” for “rape”.
Subsec. (e). Pub. L. 99–646, § 87(d)(7), and Pub. L. 99–654, § 3(b)(7), amended subsec. (e) identically, substituting “the term ‘sex offense’ ” for “the term ‘rape’ ”.
1981
Subsec. (a). Pub. L. 97–35 in par. (5) struck out “community mental health centers and other” after “Assistance to”, and struck out par. (6) which related to provision of consultation and education services.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendments
Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after , and 30 days after , see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of Title 18, Crimes and Criminal Procedure.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective , see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title.
Termination of Advisory Committees
Advisory committees established after , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Credits
1980–1986 · 4 acts
- 1980Pub. L. 96–398, title VI, § 601(a)–(e), , 94 Stat. 1602, 1603
- 1981Pub. L. 97–35, title IX, § 902(f)(20), , 95 Stat. 560
- 1986Pub. L. 99–646, § 87(d)(3)–(7), , 100 Stat. 3624
- 1986Pub. L. 99–654, § 3(b)(3)–(7), , 100 Stat. 3663, 3664.
Show as published
(Pub. L. 96–398, title VI, § 601(a)–(e), , 94 Stat. 1602, 1603; Pub. L. 97–35, title IX, § 902(f)(20), , 95 Stat. 560; Pub. L. 99–646, § 87(d)(3)–(7), , 100 Stat. 3624; Pub. L. 99–654, § 3(b)(3)–(7), , 100 Stat. 3663, 3664.)