42 U.S.C. § 9511 — Grants for sex offense prevention and

Page 7706 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9502 the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in paragraph (3)(C)(iii), such right may be exercised or such authorization may be provided by the individual appointed by such court as such person’s guardian or rep- resentative for the purpose of exercising such right or such authorization. (B) In the case of a person who lacks capac- ity to exercise the right to consent to treat- ment or experimentation under subparagraph (D) or (E) of paragraph (1), or the right to con- fidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in para- graph (3)(C)(iii), because such person has not attained an age considered sufficiently ad- vanced under State law to permit the exercise of such right or such authorization to be le- gally binding, such right may be exercised or such authorization may be provided on behalf of such person by a parent or legal guardian of such person. (C) Notwithstanding subparagraphs (A) and (B), in the case of a person admitted to a pro- gram or facility for the purpose of receiving mental health services, no individual em- ployed by or receiving any remuneration from such program or facility should act as such person’s guardian or representative. (Pub. L. 96–398, title V, § 501, Oct. 7, 1980, 94 Stat. 1598.) § 9502. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title V, § 502, Oct. 7, 1980, 94 Stat. 1601, related to grants for protection and advo- cacy programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. SUBCHAPTER V—SEX OFFENSE PREVENTION AND CONTROL § 9511. Grants for sex offense prevention and control (a) Authority of National Center for the Preven- tion and Control of Sex Offenses; functions The Secretary, acting through the National Center for the Prevention and Control of Sex Of- fenses (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, in- cluding a study and investigation of— (A) the effectiveness of existing Federal, State, and local laws dealing with sex of- fenses; (B) the relationship, if any, between tradi- tional legal and social attitudes toward sex- ual roles, sex offenses, and the formulation of laws dealing with rape; (C) the treatment of the victims of sex of- fenses by law enforcement agencies, hos- pitals or other medical institutions, prosecu- tors, 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 vic- tim and family of the victim; (F) sexual assaults in correctional institu- tions; (G) the estimated actual incidence of forc- ible 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 publica- tion of summaries of the continuing study conducted under paragraph (1) and the re- search and demonstration projects conducted under paragraph (5). The Secretary shall sub- mit not later than March 30, 1983, to the Con- gress 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 of- fenses; (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 train- ing materials for personnel who are engaged or intend to engage in programs designed to pre- vent and control sex offense. (5) Assistance to qualified public and non- profit private entities in conducting research and demonstration projects concerning the prevention and control of sex offense, includ- ing 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 spe- cific 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 com- mittee to advise, consult with, and make rec- ommendations to the Secretary on the imple- mentation of subsection (a). The recommenda- tions of the committee shall be submitted di- rectly to the Secretary without review or revi- sion by any person without the consent of the committee. The Secretary shall appoint to such committee persons who are particularly quali- fied to assist in carrying out the functions of the committee. A majority of the members of the Page 7707 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9522 committee shall be women. Members of the ad- visory committee shall receive compensation at rates, not to exceed the daily equivalent of the annual rate in effect for grade GS–18 of the Gen- eral Schedule, for each day (including travel- time) they are engaged in the performance of their duties as members of the advisory com- mittee and, while so serving away from their homes or regular places of business, each mem- ber shall be allowed travel expenses, including per diem in lieu of subsistence, in the same man- ner as authorized by section 5703 of title 5 for persons in Government service employed inter- mittently. (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 Sep- tember 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. (Pub. L. 96–398, title VI, § 601(a)–(e), Oct. 7, 1980, 94 Stat. 1602, 1603; Pub. L. 97–35, title IX, § 902(f)(20), Aug. 13, 1981, 95 Stat. 560; Pub. L. 99–646, § 87(d)(3)–(7), Nov. 10, 1986, 100 Stat. 3624; Pub. L. 99–654, § 3(b)(3)–(7), Nov. 14, 1986, 100 Stat. 3663, 3664.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–646, § 87(d)(3), and Pub. L. 99–654, § 3(b)(3), amended section catchline identically, sub- stituting ‘‘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 of- fenses’’ 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, sub- stituting ‘‘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 ef- fective 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 Ef- fective Date note under section 2241 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1981 AMENDMENT Amendment 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 COMMITTEES Advisory 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 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 Organi- zation 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. § 9512. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title VI, § 602, Oct. 7, 1980, 94 Stat. 1604, related to grants for services for rape vic- tims. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. SUBCHAPTER VI—MISCELLANEOUS § 9521. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title VIII, § 801, Oct. 7, 1980, 94 Stat. 1605, related to employee protection arrange- ments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. § 9522. Report on shelter and basic living needs of chronically mentally ill individuals (a) Submission to Congressional committees by Secretaries of Health and Human Services and Housing and Urban Development The Secretary of Health and Human Services and the Secretary of Housing and Urban Devel- opment shall jointly submit a report to the Committees on Labor and Human Resources and Banking, Housing, and Urban Affairs of the Sen- ate, and the Committees on Energy and Com- merce and Banking, Finance, and Urban Affairs of the House of Representatives, relating to Fed- eral efforts to respond to the shelter and basic