42 U.S.C. § 12210 — Illegal use of drugs

Page 8271 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12210 Par. (5). Pub. L. 104–1, § 201(c)(3)(E), added par. (5). Former par. (5) redesignated (7). Par. (6). Pub. L. 104–1, § 210(g), which directed amend- ment of this section by adding par. (6), was executed by adding par. (6) after par. (5) to reflect the probable in- tent of Congress. Par. (7). Pub. L. 104–1, § 201(c)(3)(E), redesignated par. (5) as (7). 1991—Subsec. (a)(2). Pub. L. 102–166, § 315(1), redesig- nated par. (6) as (2) and struck out former par. (2) which read as follows: ‘‘APPLICATION TO SENATE EMPLOY- MENT.—The rights and protections provided pursuant to this chapter, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.], the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.], and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall apply with respect to employment by the United States Senate.’’ Subsec. (a)(3). Pub. L. 102–166, § 315(1), redesignated par. (7) as (3), substituted ‘‘(2)(A)’’ for ‘‘(2) and (6)(A)’’ and ‘‘(2)’’ for ‘‘(3), (4), (5), (6)(B), and (6)(C)’’, and struck out former par. (3) which read as follows: ‘‘INVESTIGA- TION AND ADJUDICATION OF CLAIMS.—All claims raised by any individual with respect to Senate employment, pursuant to the Acts referred to in paragraph (2), shall be investigated and adjudicated by the Select Com- mittee on Ethics, pursuant to S. Res. 338, 88th Con- gress, as amended, or such other entity as the Senate may designate.’’ Subsec. (a)(4), (5). Pub. L. 102–166, § 315(1), struck out pars. (4) and (5) which read as follows: ‘‘(4) RIGHTS OF EMPLOYEES.—The Committee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2). ‘‘(5) APPLICABLE REMEDIES.—When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may des- ignate, should to the extent practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively.’’ Subsec. (a)(6), (7). Pub. L. 102–166, § 315(1), redesig- nated pars. (6) and (7) as (2) and (3), respectively. Subsec. (c)(2). Pub. L. 102–166, § 315(2), inserted ‘‘, except for the employees who are defined as Senate employees, in section 1201(c)(1) of title 2’’ after ‘‘shall apply exclusively’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in introductory provi- sions and par. (4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by section 201(c)(3) of Pub. L. 104–1 effec- tive 1 year after Jan. 23, 1995, see section 1311(e) of Title 2, The Congress. Amendment by section 210(g) of Pub. L. 104–1 effec- tive 1 year after transmission to Congress of study under section 1371 of Title 2, see section 1331(i)(2) of Title 2. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–166 effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as a note under section 1981 of this title. § 12210. Illegal use of drugs (a) In general For purposes of this chapter, the term ‘‘indi- vidual with a disability’’ does not include an in- dividual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) Rules of construction Nothing in subsection (a) shall be construed to exclude as an individual with a disability an in- dividual who— (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabili- tation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or admin- ister reasonable policies or procedures, includ- ing but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the ille- gal use of drugs. (c) Health and other services Notwithstanding subsection (a) and section 12211(b)(3) of this title, an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the in- dividual is otherwise entitled to such services. (d) ‘‘Illegal use of drugs’’ defined (1) In general The term ‘‘illegal use of drugs’’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Sub- stances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care profes- sional, or other uses authorized by the Con- trolled Substances Act or other provisions of Federal law. (2) Drugs The term ‘‘drug’’ means a controlled sub- stance, as defined in schedules I through V of section 202 of the Controlled Substances Act [21 U.S.C. 812]. (Pub. L. 101–336, title V, § 511, formerly § 510, July 26, 1990, 104 Stat. 375; renumbered § 511 and amended Pub. L. 110–325, § 6(a)(2), (3), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Controlled Substances Act, referred to in subsec. (d)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Page 8272 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12211 1 See References in Text note below. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. PRIOR PROVISIONS A prior section 511 of Pub. L. 101–336 was renumbered section 512 and is classified to section 12211 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–325, § 6(a)(3), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 12211(b)(3) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor. § 12211. Definitions (a) Homosexuality and bisexuality For purposes of the definition of ‘‘disability’’ in section 12102(2) 1 of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. (b) Certain conditions Under this chapter, the term ‘‘disability’’ shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity dis- orders not resulting from physical impair- ments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders re- sulting from current illegal use of drugs. (Pub. L. 101–336, title V, § 512, formerly § 511, July 26, 1990, 104 Stat. 376; renumbered § 512, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Section 12102 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2) are now contained in par. (1). PRIOR PROVISIONS A prior section 512 of Pub. L. 101–336, which amended former section 706 of Title 29, Labor, was renumbered section 513. § 12212. Alternative means of dispute resolution Where appropriate and to the extent author- ized by law, the use of alternative means of dis- pute resolution, including settlement negotia- tions, conciliation, facilitation, mediation, fact- finding, minitrials, and arbitration, is encour- aged to resolve disputes arising under this chap- ter. (Pub. L. 101–336, title V, § 514, formerly § 513, July 26, 1990, 104 Stat. 377; renumbered § 514, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. PRIOR PROVISIONS A prior section 514 of Pub. L. 101–336 was renumbered section 515 and is classified to section 12213 of this title. § 12213. Severability Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter. (Pub. L. 101–336, title V, § 515, formerly § 514, July 26, 1990, 104 Stat. 378; renumbered § 515, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. CHAPTER 127—COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES Sec. 12301. Findings. 12302. Definitions. SUBCHAPTER I—ESTABLISHMENT OF ADMINIS- TRATION AND AWARDING OF GRANTS FOR PROGRAMS PART A—ADMINISTRATION ON CHILDREN, YOUTH, AND FAMILIES 12311. Establishment of Administration on Children, Youth, and Families. 12312. Functions of Commissioner. 12313. Federal agency consultations. 12314. Omitted. 12315. Administration. PART B—GRANTS FOR STATE AND COMMUNITY PROGRAMS FOR CHILDREN, YOUTH, AND FAMILIES. 12331. Purpose. 12332. Definitions. 12333. Establishment of programs. 12334. Administration. 12335. State plan. 12336. Independent State body. 12337. State coordination of services. 12338. Supportive services. 12339. Repealed. 12340. Authorization of appropriation and allot- ment. PART C—NATIONAL CLEARINGHOUSE 12351. Findings and purpose. 12352. ‘‘Family resource and support programs’’ de- fined.