42 U.S.C. § 12211 — Definitions

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.