42 U.S.C. § 9511: Grants for sex offense…

Summary

The Secretary can use the National Center for the Prevention and Control of Sex Offenses to study and help stop sex crimes. The Center can research how well laws and local programs work; how social attitudes affect rape laws; how police, hospitals, prosecutors, and courts treat victims; causes and motives of offenders; effects on victims and their families; attacks in prisons; why many forcible sex crimes go unreported; and how private and public programs work. The Center must collect, analyze, and publish results, keep an information center on prevention, victim help, and offender rehabilitation, make training materials, and help public and nonprofit groups run research and demonstration projects. The Secretary must send Congress a summary and review by March 30, 1983. The Secretary also creates an advisory committee to give direct advice, with most members female; members may be paid up to the daily equivalent of a GS–18 rate and get travel pay as allowed by section 5703. Grants need an approved application. Funds authorized: $6,000,000 for the year ending September 30, 1981, and $1,500,000 for each year ending September 30, 1982 and September 30, 1983. “Sex offense” here means statutory or attempted rape or any criminal sexual assault (homosexual or heterosexual) that uses force or a threat of force.

Title 42, §9511

The Public Health and Welfare, Source: USLM XML via OLRC

(a)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:

(1)A continuing study of sex offenses, including a study and investigation of—

(A)the effectiveness of existing Federal, State, and local laws dealing with sex offenses;

(B)the relationship, if any, between traditional legal and social attitudes toward sexual roles, sex offenses, and the formulation of laws dealing with rape;

(C)the treatment of the victims of sex offenses by law enforcement agencies, hospitals or other medical institutions, prosecutors, and the courts;

(D)the causes of sex offenses, identifying to the degree possible—

(i)social conditions which encourage sexual attacks, and

(ii)the motives of offenders, and

(E)the impact of a sex offense on the victim and family of the victim;

(F)sexual assaults in correctional institutions;

(G)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

(H)the effectiveness of existing private and local and State government educational, counseling, and other programs designed to prevent and control sex offenses.

(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 (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 clearinghouse with regard to—

(A)the prevention and control of sex offenses;

(B)the treatment and counseling of the victims of sex offenses and their families; and

(C)the rehabilitation of offenders.

(4)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.

(5)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.

(b)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.

(c)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.

(d)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 September 30, 1981, $1,500,000 for the fiscal year ending September 30, 1982, $1,500,000 for the fiscal year ending September 30, 1983.

(e)“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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

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.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title. Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, 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 RatesReferences 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.

§9511 Grants for Sex Offense Prevention and Control

Summary

Title 42, §9511

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Citations & Metadata